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Why isn’t this a front page story nationwide?

5:22 am in Executive Branch, Judiciary, Mortgage crisis by Cynthia Kouril

On November 20th 2012 I told you about a guilty plea  taken by Lorraine Brown, the founder of DOCX (later known at LPS), in federal court in Florida. The press release for that plea did not come out until after 5 PM on the Tuesday before Thanksgiving. On the Wednesday before Thanksgiving most of the reporters who usually occupy the front pages of our newspapers and network news were presumably traveling or preparing for their holiday. The story was barely reported.

Lorraine Brown also pled guilty earlier that same day in state court in Missouri. She is rumored to be in plea negotiations in other states.

Even though this is no longer breaking news, it still belongs on the front page of every paper in the country and should be the lead story on every newscast. I’ll tell you why:

Whatever the banks thought about the robo-signing being “sloppy” before, once Lorraine Brown admitted that virtually every document coming out of DOCX/LPS was a forgery and that ALL documents coming out of DOCX/LPS were suspect, the banks that had court cases pending using DOCX/LPS documents had an obligation to either withdraw the documents and/or withdraw the lawsuits and other foreclosure proceedings.

It is a crime (common law fraud) to knowingly use a false, perjured, forged, fraudulent document as “evidence” in court. The specific statute violated will vary from state to state, but it is impossible to conceive that there is a single state where this is legal. If I’m wrong about that, I’m sure someone from the fraud-allowing state will set me straight in the comments. This is certainly a violation of federal criminal law, for example 18 USC §§ 371, 1341, 1342, and 1343 and 39 USC§§ 1341 and 1342.

I have seen no evidence that there has been a wholesale withdrawal of DOCX/LPS documents from evidence or a large scale voluntary dismissal of cases or even letters sent to chief judges saying that the cases should be stayed until they can perform the mechanics of withdrawing the fraudulent “evidence.” Nope, the cases I have been following are still going strong and being prosecuted vigorously.

This also means that the 50 state settlement notwithstanding, the Department of Justice and every attorney general in the country have a brand new, slam dunk, open and shut case against every single bank that is still allowing a foreclosure case to go forward based on DOCX/LPS false evidence.

THAT, my friends, is front page news. And getting it to the front page is essential so that judges know they are being hoodwinked, and homeowners know they should be making motions to dismiss. DOJ clearly knows about the Lorraine Brown guilty plea since the 13th  hour press release came out of Main Justice instead of from the Middle District of Florida press office.

So, I’m asking for your help. Tweet this. Send a copy as a Letter to the Editor (or re-write your own using this information). Send it to the network and cable news shows you watch. Put up your own blog post about it. Email it to your favorite reporters. I don’t care if my little blogpost is the form you promote, just promote the story of the brand new massive fraud on the court that is occurring right now. The banks, and their lawyers, have no excuse. They can no longer harbor any belief, good faith or not, that those documents are not false and fraudulent.

Photo by steakpinball under Creative Commons license.

Pity the Poor Judges

8:22 am in Judiciary, Mortgage crisis by Cynthia Kouril

(image: safari_vacation/flickr)

(photo: safari_vacation/flickr)

Now that the 49 State AG settlement has immunized manufacturing evidence, forgery and perjury, it’s going to be a lot tougher to be a judge. After all, how can you ever rule on a motion based upon affidavits and documentary evidence if it’s now OK to lie and to manufacture phony documents?

Will judges need to take courses in document forensics in order to rule on simple motions? Or will courts become even more clogged, because each affiant must be made to appear and confirm their own knowledge of the evidence in their affidavits or even that their own signature appears on the document? Will every motion now necessitate a mini trial?

This settlement corrupts the court system completely. That or it bogs it down to a point where the cost of litigation, no bargain to begin with, will become out of reach of all but the billionaires.

Think about it, if every bit of testimony on every matter, including pre-trial motions, must be had live and in court to avoid perjured and forged documents; the costs of litigation increases by orders of magnitude.

In that case, this settlement screws the banks themselves. Honest judges will no longer be able to accept their motions for Summary Judgment in foreclosure cases and will be forced to make the banks produce the affiants in court to testify from their own knowledge. Since these affiants are usually nowhere near the states where their affidavits are used, the travel costs alone will make the cost of foreclosing on an average house prohibitive.

No, I don’t think the formerly hold out AGs are playing eleventy dimensional chess. They sold out, got played, whatever. Yet most judges didn’t become judges because they wanted to deliberately mete out injustice. Most judges don’t want to give a verdict to a party that lacks standing. Most judges don’t want to see the judicial branch held in the same dismal light as Congress and many of the state legislatures. Read the rest of this entry →