“This [Federal Reserve Act] establishes the most gigantic trust on earth. When President Wilson signs this bill, the invisible government of the monetary power will be legalized….the worst legislative crime of the ages is perpetrated by this banking and currency bill.” -Charles A. Lindbergh, Sr. , 1913
Charles A.Lindbergh Sr. was the father of Hana’s beloved “Lucky Lindy” – aviator Charles Lindbergh, who is buried just outside of Hana town in Kipahulu, Hawaii. It made sense to dedicate this post to his father, a Minnesota Congressman from 1907-1917.
One hundred years later, the Congressman’s courageous statements carry the truth of the corruption in Wall Street and government and strike at the very core of our nation, as well as the world’s, economic nightmare.
In 1913, he wrote Banking And Currency And The Money Trust By Charles A. Lindbergh, and in 1917 he wrote “Why is Your Country at War?”, attributing high finance as America’s involvement in World War I. (According to Eustace Mullins, in his book, PUBLIC CENTRAL BANK – On Reclaiming Our Central Bank And Monetary Policy – plates of Congressman Lindbergh’s second book were confiscated and destroyed by Government agents)
“From now on, depressions will be scientifically created.”
– Congressman Charles A.Lindbergh Sr. , 1913
Wells Fargo Bank is a prominent participant in the “scientifically created” Ponzi scheme that has stripped public pension and retirement funds, fraudulently foreclosed and confiscated properties, inflated appraisals, systematically abandoned underwriting guidelines and over-rated bonds that caused the collapse of the world economy.
What’s worse, and is speeding like a bullet into the bright spotlight, these banks – including Wells Fargo, failed to assigned the mortgage loan documents to the trusts that the investors bought. Pursuant to the trust documents and New York common law – late assignments are invalid – they are VOID, worthless, fraudulent – outright forgeries.
It’s a gutsy move to try to continue the ruse of a fraudulent non-judicial foreclose and come to Hana, Maui to unlawfully evict a family who has lived on the land for over 100 years, especially given the property during the Great Mahele. National media attention has already started to rally behind the homeowners. “Hawaii” has always been a favorite broadcast media buzz word and now… yes, now we have a case with PROOF of blatant fraud and forgery.
The Assignment of Mortgage is the most telling document and is not readily available to the borrowers because it is not filed under their name – you need a recordation search. And if you don’t know it exists – its hard to find something you don’t know about. Assignments are usually fabricated right before the foreclosure notice. If your loan is in a trust – and you don’t have an assignment in the public recordation files – its too late now.
Here, on the Phillips-Tehiva property is an assignment made in June 2010 and recorded in the public records in July 2010. It doesn’t matter because its 3 years too late. The REMIC died at birth. The document is bogus – void. Additionally, Sand Canyon was out of business by April 2008 (2 years earlier) and that doesn’t matter either because Sand Canyon never had the power to assign the mortgage loan into the trust to begin with – even if it was timely and they were still in business. Likely, the servicer AHMSI is the culprit – or they aided and abetted Wells Fargo as Trustee trying to pull off the untimely heist. It doesn’t matter – fraud is fraud.
Renown fraud examiner, Marie McDonnell, noted in her Phillips-Tehiva forensics report on page 13 (TEHIVA FORECLOSURE FORENSICS & EXHIBITS (MTM), 12.26.2011) that:
“(23) Moreover, the individual who executed the Assignment, Kathy Smith (“Smith”), is not an employee of Sand Canyon Corporation. Sand Canyon is located in Irvine, California whereas the Assignment was executed and notarized in Jacksonville, Florida.
(24) On information and belief, Smith works for Lender Processing Services (“LPS”) which is headquartered in Jacksonville, Florida. Linda Bayless, the Notary Public who witnessed
Smith’s signature, indicates in her jurat that this document was executed before her in
(25) The Assignment of Mortgage referenced herein executed by Kathy Smith is the questioned “breeder document” from which all other documents necessary to complete the foreclosure, sale, and transfer of the Tehiva Property to Wells Fargo Bank, NA a National Association as Trustee for Soundview Home Loan Trust 2007-OPT2, Asset-Backed Certificates, Series 2007-OPT2 arise.
(26) If the Assignment is invalid, then all subsequent acts that depend on the Assignment must also fail.”
You would think that this information would be enough for any astute Judge to make a compassionate ruling of preliminary injunction for a month until these issues could be heard. It’s the Christmas holiday… Ho! Ho! Ho! Hell No. That was not to be. The lower District Court judge – whose name is unknown because he didn’t sign the DENIED order, provided no instruction letter for justification why the TRO was not granted, and caused a Notice of Appeal to a higher court to be filed and an Emergency Motion for Stay Pending Hearing to be filed in the Hawaii Intermediate Court of Appeals. During the holidays, imagine!
Well, Charles, it got worse over the next hundred years – just like you predicted. It only took 100 years for you to be totally vindicated. Maybe Congress should start to study your history – or channel your insight.
Spirits are strong rascals in Hawaii – especially in Hana. Those that understand this know what I mean. On Monday, January 2, 2012 we’ll be asking our Aumākua to protect us as we stand united for the Phillips-Tehiva family and maybe Lucky Lindy and his father will arrive – at least in spirit.
By DEADLY CLEAR
Just to let you all know we’re not alone in this – Mandelman Matters has a similar case in Raleigh, NC. Martin had a great suggestion – contact everyone at Wells Fargo. So I did.
Ahem… Excuse me…Are there any DOERS in the house?
CALLING ALL DOERS!
HATOTA TEHIVA, JAYDENE PHILLIPS TEHIVA, and JOYCELENE PHILLIPS
Hana, Hawaii 96713
Loan # 111003400
And look what I found… a whole list of Email addresses for Wells Fargo execs, but let’s start with letting Mr. John Stumpf know how littler we think of this situation his bank has created. Let’s let him know we’re here and we’re paying attention… and that there are quite a few of us.
Chairman of the Board, President, CEO: John.G.Stumpf@wellsfargo.com
John Stumpf (415) 396-7018
CEO: John G. Stumpf
420 Montgomery St.
San Francisco, CA 94163
Sharon Cecil, Assistant to Both
WELLS FARGO HOME MORTGAGE
Todd M. Boothroyd
Senior Counsel, Real Estate Division
**** Kovacevich (415) 396-4927
John Stumpf (415) 396-7018
CEO: John G. Stumpf
420 Montgomery St.
San Francisco, CA 94163
Mark Oman (515) 324-2035
Cara Heiden (515) 213-4040
Executive number for members to use to escalate the mod process 1-800-853-8516.
MAC X2302-02J 800 S. Jordan Creek Parkway
West Des Moines, IA 50266
Executive Mortgage Specialist, Office of the President, WF Home Mortgage
1 Home Campus
Des Moines, IA 50328
Cara K. Heiden, CEO
WELLS FARGO HOME MORTGAGE
Mary Coffin, Vice President
WELLS FARGO HOME MORTGAGE
And a few more… just in case…
Executive Vice President, General Counsel: James.M.Strother@wellsfargo.com
Executive Vice President, Controller: Richard.D.Levy@wellsfargo.com
Senior Executive Vice President – Wholesale Banking: David.A.Hoyt@wellsfargo.com
Senior Executive Vice President David.M.Carroll@wellsfargo.com
Senior Executive Vice President: firstname.lastname@example.org
Senior Executive Vice President, CIO: email@example.com
Senior EVP, Community Banking: Carrie.L.Tolstedt@wellsfargo.com
Senior Executive Vice President: AVID.MODJTABAI@wellsfargo.com
The Board of Directors, Wells Fargo Bank: BoardCommunications@wellsfargo.com
We support the Phillips-Tehiva `Ohana and the right for them to remain on their property at 5305 Hana Highway in Hana, Maui, Hawai`i.
The nine family members, including 6 children and an ailing grandmother, are about to be evicted from land that has been in the family since the Great Mahele. Wells Fargo has obtained the eviction order using fraudulent documents. The family has a reconsideration hearing in Second Circuit District Court scheduled for February 7, 2012, however the eviction from their property is scheduled for Monday, January 2, 2012 at 12:00 Noon.
I ask for your assistance in preventing a gross miscarriage of justice. Please encourage the Department of Public Safety and the Maui County Police Department to stand down in this matter.
Mahalo, (your name)
Details of the Phillips-Tehiva family eviction can be found here:
Thank you for your assistance. We invite you to come and help us Occupy Phillips-Tehiva. Even if you can’t be here – PLEASE make your voice heard.
Also feel free to contact the local legislators below and extend your support.
CALLING ALL DOERS!
Hawaii State Operator
Office of the Governor
The Honorable Neil Abercrombie
Governor, State of Hawai`i
Executive Chambers, State Capitol
Honolulu, Hawai`i 96813
Gov. Abercrombie is on Facebook:
2264 Aupuni Street, Suite #1
Wailuku, HI 96793
Office Hours: Mondays to Fridays from 7:45am to 4:30pm
State ID Hours: Mondays to Fridays from 8:30am to 3:00pm
Deidre Tegarden, Governor’s Representative is on FACEBOOK
Michelle Ankele-Yamashita, Constituent Services Representative
Ankele-Yamashita, Michelle E. (H) 808-244-1101
Tessie Manrique, Clerk
Alan M. Arakawa is on FACEBOOK
Kalana O Maui Bldg 9th Fl.
Wailuku, HI 96793Ph: (808) 270-7855
The Honorable Brian Schatz is on FACEBOOK
Lieutenant Governor, State of Hawai`i
Honolulu, Hawai`i 96813
Fax: (808) 586-0231
Sen. Roz Baker
FX (808) 586-6171
English, J. Kalani(D)
Hawaii State Capitol, Room 205
Hawaii State Capitol, Room 409
Hawaii State Capitol, Room 405
Hawaii State Capitol, Room 302
Hawaii State Capitol, Room 427
Yamashita, Kyle T.(D)
Hawaii State Capitol, Room 422
Souki, Joseph M.(D)
Hawaii State Capitol, Room 433
I sent this to those in the top ten:
Ms. Or Mr._____
I don’t know how you live with yourself. Being complicit with denying people of their 5th Amendment rights to take away their most precious belonging is both un American and despicable. The pubic is catching on to your bait and switch modification schemes. Soon the light will be shed on the corruption that you are a part of. Have you no shame? The likes of you deserve to be put in jail. That day may be coming. You may be able to buy your way out of this. Before the ultimate judge you will have no influence and will be judged for the content of your character or lack there of.
Sincerely disgusted, and former Wells Fargo customer,
I have a very similar story with One West Bank. If you woud like the details:
My story is there. My case has been upheld by a judge in Honoulu. The judges in Maui sadly don’t care about the 5th Amendment, due process or the people that have been paying there salary for so many years. When Maui judges have made rulings on my case they just stamp denied with no legal foundation. These judges shoud be required to disclose their financials. Maybe this anonymous judge owns some Wells Fargo Stock? If you or I tried a scheme like this we would be put in jail until the rapture.
Mr Lindburg was right on the money. We need him now!
Quoting someone is remembering his words. I quote Thomas Jefferson, very often.
“If private banks are allowed to control the issuance of currency, they and the corporations that shall spring up around them, shall deprive the people of all liberty and property. The people shall find themselves homeless on the land that their fathers settled.”
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This happened to me in CA Santa Ana CA Federal Bankruptcy Court. I had an affidavit from Lynn Szymoniak stating the Corporate Assignment was fraud which was created by PITE DUNCAN and signed by robo signer 11-1-2010 of Wells Fargo China Brown. PITE DUNCAN went as far as smoke and mirroring supporting documents i.e. MERS Corp Resolution allowing China to sign for Wells Fargo N.A. submission whereby the MERS Corp Resolution should have been for GN Mortgage ( which closed its doors in 2009) and showing China was an employee as well. I also provided court 2 letters from Wells Fargo back office confirming Wells was the Servicer and NOT the real party of interest as stated in Proof of Claim and Briefs and Affidavits. Instead od sanctioning attorneys for Fraud on court, Judge offered PITE DUNAN two cases to assist a revised brief RE: Veal Arizona State Case Law and Gomes vs. Countrywide and instructed PITE DUNCAN to rewrite their brief and to Pacifcy me asked that I also write on these two cases which would only assist the opposing counsel. The judge had ordered China to appear in court for questioning and never pressed the issue that PITE DUNCAN never followed the order. I felt like a horse with a bridle or a dog with a muzzle. The judge lifted the stay based on these crooks bringing in contraband “orihginal note”- the note was never transferred to trust – I reminded judge just because I steal his pink slip to car does not allow me to reposses his car—judge lifted stay based on the case law he coached PITE DUNCAN to use to revise their brief and also CA UCC 3301–holder of a note—this code does not apply to contraband. I did file a NOTICE of Appeal and I need to find an attorney who will not be forced to be a dog with a muzzle and protect me from these crooks.
The issues that are quickly surfacing as Judges try to boink the homeowners “by sharing ideas on how to defeat borrowers’ claims”. The law is increasingly misinterpreted to force appeals. Watch out for the “homeowner has no rights to question the assignments.” The judicial arguments are quite shallow citing Livonia Prop. Holdings. LLC v 12840-12976 Framington Rd. Holdings, LLC, 717 F.Supp, 2d 724 as controlling (holding that a plaintiff who was not a party to the PSA at issue lacked standing to challenge the parties compliance with the contract). Reading Livonia it appears that there are exceptions such as “Nicolls Pointing Coulson, Ltd. v. Transp. Underwriters of La., Inc., 777 F.Supp. 493 (E.D.La.1991) (“a debtor cannot challenge an assignment of a debt by a creditor unless he can show he is prejudiced by the assignment”)”;
Nicolls states that initially “the Court rejects defendant’s contention that under Louisiana law plaintiff cannot challenge the validity of the purported assignment. It is true that a debtor cannot challenge an assignment of a debt by a creditor unless he can show he is prejudiced by the assignment. See Keith v. Comco Insurance Co., 574 So.2d 1270, 1276 (La.App. 2 Cir.) cert. denied, 577 So.2d 16 (1991); Zurich Insurance Co. v. Grain Dealers Mutual Insurance Co., 169 So.2d 6, 9 (La.App. 2 Cir.1964). These potentially prejudicial circumstances lead the Court to reject defendant’s claim that the validity of the assignment is not in issue, and proceed to discuss the merits of plaintiff’s arguments. Cf. Farrell Construction Co. v. Jefferson Parish, 693 F.Supp. 490, 496 (E.D.La.1988) (reaching the merits of a challenge to an assignment’s validity without discussing prejudice to the challenging party).
In Louisiana, the validity of an assignment of a litigious right is governed by Louisiana Civil Code Article 2642, et seq. See Farrell, supra at 496. Particularly important here is Article 2642, which provides that “[i]n the transfer of credits, rights or claims to a third person, the delivery takes place between the transferrer and the transferee by the giving of the title.” (emphasis supplied).
“Title” to a right is the equivalent of complete ownership of the right, and under Louisiana law a party with perfect ownership of a thing is one with the right to use, enjoy and dispose of the thing as he sees fit. See La.Civ.Code art. 477; Bagur v. Commissioner of Internal Revenue, 603 F.2d 491, 499 (5 Cir.1979). In other words, the owner of property has “direct, immediate, *497 and exclusive authority over [it].” La.Civ.Code art. 477.
Get these goofy Judges back to title issues. Late assignments are void pursuant to NY common trust law and the IRC. How do they (Judges) figure you can give “thin air” to a bank and that give it standing as a holder? They violate their own cannons by not going deep enough and arguendo.
Generally, questions of the validity, enforceability or effect of an assignment are governed by the law of the place where the assignment was made. Smith v. Grimm, 534 F.2d 1346, 1351 (9th Cir.1976). The law of the assignor’s domicile may also determine the validity of the assignment. Black v. J.W. Zacharie & Co., 44 U.S. 483, 3 How. 483, 11 L.Ed. 690 (1845). Citing Arsape v. JDS Uniphase Corp., Not Reported in F.Supp.2d (2004). There’s a lot more – just fight the right battle and win the title.
Oh yeah – maybe its time to write some time consuming RICO complaints and maybe the Judges won’t be so tickled to jump in to maintain the fraudulent assignments, because that might appear to be aiding and abetting the crimes.
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This is not legal advice , but a report of an observation, Much has been said about the fraud found written into the above so-called “Assignment of Mortgage” documents; over 140 years the United States Supreme Court set out the controlling Federal law, Supremacy Clause, on the matter, See Carpenter v. Longan, 83 U. S. 271 (1872)
Read the case Opinion here: <http://supreme.justia.com/cases/federal/us/83/271/case.html
"The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity. "
An effort to identify the fraud in the "Assignment of Mortgage" documents, which are for the purpose of an assignment of the mortgage alone, is not very astute in light of the Carpenter, determination, he case is still valid, never over turned or modified, referenced many times as definitive controlling Federal law on the matter, I perceive in review of many articles discussing foreclosure defenses, that virtually no one is bringing up this issue, that if the Mortgage is transferred by assignment -alone- such event is a nullity, of no legal effect , whatsoever, the assignee of such an assignment acquires no legal rights, whatever — deal with it.
The Carpenter decision, mandates several vital issues with respect to Promise to Pay Agreements (PTPAs) (1)”The note and mortgage are inseparable; (2) the former as essential, the latter as an incident. (3) An assignment of the note carries the mortgage with it, (3) while an assignment of the latter alone is a nullity. ” Carpenter v. Longan, 83 U. S. 271 (1872)
35 words that have potent meaning;
(1) “the note and mortgage are inseparable” if a human heart is separated from a human body, in a matter of moments both the heart and the body are DEAD. Analogized to the note-mortgage relationship (inseparable) you can discern the importance of the rule. “inseparable” means two things that are permanently, securely, mechanically, connected together, attached, usually mechanically, together. For writings to be “inseparable,” they, of necessity, must be securely, physically, mechanically, bound together in a manner that discourages separation or tampering with the binding, and if at any time a separation of the inseparable writings occurs, such separation is easily detected.
The National Archives in College Park, MD, makes certified copies of different writings retrieved from the archives inseparable in a stack of papers with a crimped brass grommet affixed to the stack of papers in the upper left-hand corner of the stack, if a writing or any part thereof, in the stack, is separated from the single -point binding, the separated paper(s), and the remaining stack of certified copies of writings lose their certification as true copies of an original, and are no longer useful as such. The certification dies, it is DEAD. The same result could be effectively argued when a mortgage/security Deed is physically separated from the PTPA, both writings are, then, DEAD. No longer having any force or effect. Just bury them.
(2) “the former as essential, the latter as an incident.’ “the former” could only be in reference to the note/PTPA, which is essential, without the promise to pay there is nothing to enforce, “the latter” could only be in reference to the mortgage (Security Deed) which is incidental
“Incidental” means — “Something dependent upon, appertaining or subordinate to, or accompanying something else of greater or principal importance, something arising or resulting from something else of greater or principal importance. Mola v. Reiley, 100 N.J. Super. 343, 241 A.2d 861, 864. Used both substantively and adjectively of a thing which, either usually or naturally and inseparably, depends upon, appertains to, or follows another that is more worthy.” Black’s Law Dictionary, 6th Edition, 762, Black’s Law Dictionary, 6th Ed., 762, (BLD6-762)..
(3) “An assignment of the note carries the mortgage with it,” meaning that the Mortgage/Security Deed follows the note, not the other way round.
(4) immediately the Court finished and completed the thought by writing, “while an assignment of the latter alone is a nullity.” Professional help would be required to misunderstand this last phrase to mean anything other than what it says; an assignment of the mortgage/Security Deed, ALONE, is a NULLITY. It only makes sense, if the note and mortgage are inseparable. When the loan/debt/note is transferred by some valid means, the new owner/holder of the note is also the new owner/holder of the mortgage/security Deed, which is physically, mechanically, permanently, attached to the purchased note, the two writings being inseparable.
The mortgage/Security Deed enforces the promise memorialized in the PTPA,
if separated therefrom, the promise is meaningless LIFELESS, DEAD, just like the human body is lifeless, DEAD, if the heart is physically, mechanically, irreparably, separated therefrom.
Think about it, the Carpenter determination supplies definitive, dispositive, answers to virtually all the questions and issues, if applied to the present abuses of the banking cartel with respect to virtually every foreclosure case.
Routinely, the mortgage/Security Deed is separated from the note moments after closing to be mailed to a county land records repository, for copying, certification and recordation, both writings, the note and the mortgage/Security Deed are DEAD at that time.
The foregoing is my valid argument founded upon federal law, stare decisis, controlling federal law, throughout America pursuant to the Supremacy Clause at : U.S. Const., Art. VI, Cl 2., as stated by the United States Supreme Court in Carpenter v. Longan, 83 U. S. 271 (1872).
Bruce you are a genius.