The national election is in seven days, but honestly I feel no excitement about it. I am registered as a Republican, but I don't feel like I am a part of the party. I don't have the money to buy influence and our local Republican Party is very weak, listless, and has no ideas about what it will take to turn our area around.
The Catawba County Republican Party seems to think that we should all march in lockstep. Well, I don't do dog and pony shows and I think a party is stronger when it has diverse opinions. That isn't to say that there should not be common ground, but I support more than Low Taxes, Gun Rights, and the Right to Life.
I believe that real politics starts close to home and home governance has more of an impact on our daily lives than what is happening in Washington. If we take care of business here, then Washington will have less of an impact on our daily lives. I do not want to be subservient to the whims and fancies of Washington (and Raleigh). Utah and Texas are both States that are as conservative as we are in this area and they are thriving. Look at the Milken numbers or the Forbes numbers. Forbes ranks the area as the 179th Best Place for Business and Careers and the Milken Institute ranks us as the 197th Best Performing City. Both of these studies include the 200 largest metros in the United States. You can believe these studies are biased if you want, but study after study represents us as the bottom of the barrel.
Folks, we have been at the bottom for years. At what point do we start looking at the people who we elect and ask them to step aside and let some people with some fresh ideas come to the fore. This area is a strong Republican area that tends to put the same people back in office based only upon party affiliation. The incumbents all say that they want to bring jobs to the area, but have they been successful? Have they really taken any steps besides showing up for ribbon cuttings?
I'm frustrated to sit back and watch the same people use a Checkers strategy in a world of 3D Chess. I want to know where our State representatives stand on the Real Estate Depression and the Wall Street banking cartel and do they have a grasp of the facts as to how all of this is negatively effecting our State. Have they seen the effect that this is having on Charlotte and how that effects our own area?
I look at the county commission race. The only thing I have heard is about the issue of keeping property taxes low and education -- yeah, I'm against education (haha!). Fact is that keeping property taxes low isn't going to make or break those of us at the bottom of the economic ladder. A 10-cent/ $1,000 rate increase would cost most of us $100 per year, but the people who own most everything around here would be paying tens of thousands more in taxes every year to the county. Do we really want to subsidize the rich folks who aren't putting money back into the community? Maybe this would force them to put some money back into the community, especially when we look at the absentee property owners who allow properties to turn to rubble and refuse to deal with the problem, because they don't see it every day.
I am all for keeping taxes low, but I believe that is just one factor in the equation. It must be balanced with making sure that infrastructure is properly maintained and kept modern. Harry Hipps gets to the heart of the matter when he starts talking about myopic views. I've read some of the political junk mail this political season and most of it says that the candidate wants to help create jobs. Candidates cannot create jobs unless they personally own a business, but they can help to create an environment that will enhance the ability of entrepreneurs to start-up and sustain businesses in our area. I have not heard any fresh ideas about how candidates would foster such an initiative.
So if the candidates want to help create a job friendly environment what do they need to do? They need to look at themselves and ask "What would spur me to start a business in this area?"
Number one, Start-Up Entrepreneurs need capital. No one is realistically talking about millions of dollar; sure it would be nice, but they need the money and facilities to get the ball rolling. Second, they need research facilities, infrastructure, and Human Resources and Capital to support their efforts and help push ideas forward to get ideas off of paper and into the factory or into the public. I think we have taken this mindset forward with the creation of the Manufacturing Solutions Center, but we need capital. Third, we need a community that does not accept the race to the bottom. We need people to demand excellence and fairness and have a willingness to put efforts forward that are not based upon personal preferences, goals, and wealth. This is the reason why we aren't gaining traction, because the vast majority of the people in this area are unwilling to do anything that does not personally benefit them in the short run.
We need politicians with energy, not hum drum boredom. If they are out of ideas, then it is time to bring forth new candidates and it is time that these incumbents do the right thing and let the new blood with fresh ideas take the stage. The parties around here are a joke, because they tell people that they need to wait their turn. That is what has created this Status Quo malignancy that is destroying a once thriving area.
Let's be honest we have one party in control in this area and that party does not really have anything to do with the original nature and intent of the Republican Party. When one looks back to Lincoln does one see a man (and a party) rooted in the Status Quo? When one looks to William McKinley, one sees a GOP party leader (and party) who wanted to protect American Economic Interests via tariffs and restricting "Free Trade." Look at the loss of manufacturing that has decimated this area. What are we supposed to do with this displaced workforce -- Euthanize them?
Yet, we have local leaders who have really made no attempt to fight this "Free for all trade" scheme. We need this to become a priority, because this gets at the crux of what has ruined our local economy. We need our local representatives to take this issue to Raleigh and Washington to create a mandate that Free Trade vs. Fair Trade must be addressed. What we have witnessed is no different than sitting back and watching your home be robbed, while complaining to the thieves. It is one thing to sit in the corner and bemoan the loss of our industry, it is another to take steps towards addressing the situation in a constructive manner that will defend our community's viability. We need to see some action!
This is only personal to the point that I see the lack of political leadership and the negative consequences that it has had on this area. We need some people that will demand facetime in the media to promote our plight. We can no longer afford to wait our turn. I believe that we are going to see a Republican surge next Tuesday, but I don't see anything positive coming from it, because the same ole establishment will remain in place. The (accountability) can will be kicked down the road to 2012, because we don't have the Presidency, we don't have the Governorship, we don't have control of yada, yada, yada...
It is time that the people reject politicians who constantly make excuses. You serve your time. You push your agenda. When you are out of energy and/or ideas, then it is time to do the right thing and step aside for those who can move us forward. Think about the great politicians of our time, did they look to constantly make excuses? It is alright (and necessary) to point where others are wrong, but only when you take action to invoke positive movement. The people can effect change when they choose to participate and hold people accountable for the policies they endorse, whether explicit or implied. The writing is on the wall, people need to realize that time is running out. We are coming to a Hold'em/Fold'em crossroads point in time in this community.
Tuesday, October 26, 2010
Monday, October 25, 2010
City Pools issue displays Local Officials' Myopic Views
Sprinkle or dunk? No. I’m not trying to start an argument between Catholics and Baptists on baptism, I’m referring to the discussion on the pools in Hickory. It is clear that the citizens want several pools in different parts of the City. I spoke many times about this in my run for City Council. The reasons should be obvious.
The Mayor and numerous City officials have referred to kids cooling off during the hot summer months. With their usual myopia, they ignore the elderly who want to exercise without jarring their skeletal systems or aggravating their arthritis, the disabled who would like activity that doesn’t hurt their backs, serious athletes who want to train for aquatic sports, and other interests besides the youths of our community. A splash pad may be an option for some, but as recent surveys and meetings show, pools are the choice of the community.
I believe the City government does not want to do this because of cost, liability, and the desire to not be responsible for managing the pools. I don’t buy the notion that people would not use the facilities if built. As several people have pointed out, when the pools were open maintenance was shoddy and the paperwork seems to be in shambles. There was no effort put into programs like swimming lessons, synchronized swimming, etc.
Numerous citizens have addressed Council on this issue and the recent Jackson Group survey confirms that this is what the people want. The question is: will City government ramrod their wishes and plans onto the public or are they really listening to the public? This will be a telling moment in the dialogue between the government and the governed.
The Mayor and numerous City officials have referred to kids cooling off during the hot summer months. With their usual myopia, they ignore the elderly who want to exercise without jarring their skeletal systems or aggravating their arthritis, the disabled who would like activity that doesn’t hurt their backs, serious athletes who want to train for aquatic sports, and other interests besides the youths of our community. A splash pad may be an option for some, but as recent surveys and meetings show, pools are the choice of the community.
I believe the City government does not want to do this because of cost, liability, and the desire to not be responsible for managing the pools. I don’t buy the notion that people would not use the facilities if built. As several people have pointed out, when the pools were open maintenance was shoddy and the paperwork seems to be in shambles. There was no effort put into programs like swimming lessons, synchronized swimming, etc.
Numerous citizens have addressed Council on this issue and the recent Jackson Group survey confirms that this is what the people want. The question is: will City government ramrod their wishes and plans onto the public or are they really listening to the public? This will be a telling moment in the dialogue between the government and the governed.
Friday, October 22, 2010
Hickory Metro: the 197th Best Performing City (out of 200)
The Milken Institute Statistics of the Best Performing Cities, for the past year, came out last week and I have looked over them. The numbers show that the Hickory metro has once again fallen to one of the 5 worst performing metropolitan areas in the United States. We are now ranked #197 out of the top 200 U.S. metros compared to #185 last year and #191 in 2008. The job growth trend increased some over the last year, but the 1 and 5 year wage trends are still abysmal, ranking at or near the bottom 5% in both categories. Sadly, High-Tech GDP output did not sustain the growth of the previous year, falling from #2 in the rankings to #196.
Here are the rankings and trends since 2003:
Below is a presentation of Hickory's 2010 Milken rankings versus the rest of North Carolina:
What one sees is that the rest of North Carolina's Metro areas are seeing a negative trend, except for areas such as Raleigh-Durham and Fayetteville heavily associated with government and public industry. But, only Greensboro has begun to rival the numbers and trends associated with Hickory. I believe much of that is due directly to the loss of manufacturing capacity related to furniture in association with the real estate bust. People tend to fill new houses with furniture. This has been exacerbated by the offshoring of these jobs to 3rd world markets. Asheville and Winston-Salem have fallen into the bottom half, but they are barely in the bottom half and both decreases in rankings correspond heavily with North Carolina's general slide.
One could also assume that Wilmington and Asheville have seen negative trends in overall statistics, because the deep recession is having a negative impact on tourism, which is a major component of those area's economy.
The national trends show that 9 of the top 20 metros in the nation are in Texas. International trade with Mexico has had a major impact on the Texas economy, due to strategic location and the weakening dollar. On the negative side, out of the bottom 20 metro areas, 11 are in the Michigan-Indiana-Ohio corridor. That is a continuing trend that I have previously addressed, because Hickory is amongst these city's that are at the bottom of the statistics. In every year since 2003, Hickory has ranked in the bottom 15 of these rankings and in all but two of those years Hickory ranked in the bottom ten.
To get a good grasp on these statistics, please take a look at the article Hickory - Time to put the Puzzle together that I put together from statistics from the year before last. We can pretty much see that we are in the same position as we were last year and the year before and the year before and the year before. There have been some steps taken to sow seeds for the future and I have personally seen some attitudes change about the direction of the area, but it is more than obvious that it has not been enough. The Powers that Be are scared to do anything that might be considered too risky and therein lies a BIG problem. That risk aversion is the 800 pound gorilla in the room.
I constantly hear the same old mantra about Conservative Ideas and Values espoused, but that is not enough. Of course, the people at the the top of the food chain want to keep property taxes low, because they own all of the property. What about investing in your community? And why push a yahoo simpleton agenda?
First of all, they are going to have to raise the property tax rate. They can say that it is revenue neutral and that is fine, but there are going to be challenges to assessed property values and if necessary there are going to be lawsuits, because I don't care what the appraisers say, the properties are not realistically worth what they are being appraised at. The population of this area is set to implode, because of the trends we see above.
No jobs + No living wage = Moving somewhere else to survive. That means reduced demand for housing. That means an increase in the amount of available housing on the market. That means a further implosion in Home values, unless the banks want to continue to prop up market prices by holding on to abandoned houses after the people walk away from the outstanding mortgages. And will city officials tolerate the blight associated with these properties not being properly maintained? Believe me, all of this can happen and will happen if we don't do something soon.
Here are the rankings and trends since 2003:
Below is a presentation of Hickory's 2010 Milken rankings versus the rest of North Carolina:
What one sees is that the rest of North Carolina's Metro areas are seeing a negative trend, except for areas such as Raleigh-Durham and Fayetteville heavily associated with government and public industry. But, only Greensboro has begun to rival the numbers and trends associated with Hickory. I believe much of that is due directly to the loss of manufacturing capacity related to furniture in association with the real estate bust. People tend to fill new houses with furniture. This has been exacerbated by the offshoring of these jobs to 3rd world markets. Asheville and Winston-Salem have fallen into the bottom half, but they are barely in the bottom half and both decreases in rankings correspond heavily with North Carolina's general slide.
One could also assume that Wilmington and Asheville have seen negative trends in overall statistics, because the deep recession is having a negative impact on tourism, which is a major component of those area's economy.
The national trends show that 9 of the top 20 metros in the nation are in Texas. International trade with Mexico has had a major impact on the Texas economy, due to strategic location and the weakening dollar. On the negative side, out of the bottom 20 metro areas, 11 are in the Michigan-Indiana-Ohio corridor. That is a continuing trend that I have previously addressed, because Hickory is amongst these city's that are at the bottom of the statistics. In every year since 2003, Hickory has ranked in the bottom 15 of these rankings and in all but two of those years Hickory ranked in the bottom ten.
To get a good grasp on these statistics, please take a look at the article Hickory - Time to put the Puzzle together that I put together from statistics from the year before last. We can pretty much see that we are in the same position as we were last year and the year before and the year before and the year before. There have been some steps taken to sow seeds for the future and I have personally seen some attitudes change about the direction of the area, but it is more than obvious that it has not been enough. The Powers that Be are scared to do anything that might be considered too risky and therein lies a BIG problem. That risk aversion is the 800 pound gorilla in the room.
I constantly hear the same old mantra about Conservative Ideas and Values espoused, but that is not enough. Of course, the people at the the top of the food chain want to keep property taxes low, because they own all of the property. What about investing in your community? And why push a yahoo simpleton agenda?
First of all, they are going to have to raise the property tax rate. They can say that it is revenue neutral and that is fine, but there are going to be challenges to assessed property values and if necessary there are going to be lawsuits, because I don't care what the appraisers say, the properties are not realistically worth what they are being appraised at. The population of this area is set to implode, because of the trends we see above.
No jobs + No living wage = Moving somewhere else to survive. That means reduced demand for housing. That means an increase in the amount of available housing on the market. That means a further implosion in Home values, unless the banks want to continue to prop up market prices by holding on to abandoned houses after the people walk away from the outstanding mortgages. And will city officials tolerate the blight associated with these properties not being properly maintained? Believe me, all of this can happen and will happen if we don't do something soon.
Thursday, October 21, 2010
Fraudclosure 101: Bursting the Piñata
What have we been hearing since this economic debacle began in September 2008? We have a capital crunch is the story line of Banking and Government interests. At that end of 2008 the recognized deficit of the United States was a little less than $10 trillion, which is bad enough, and now it currently stands at over $13.4 trillion.
OK, so the government was supposedly spending $3.4+ trillion on the Federal level in order to prime the pump and the TARP bailout money was supposed to be a revolving credit line meant to recreate liquidity in the credit markets related to the residential housing crisis and the loans related to the real estate bubble. The government will tell you that TARP has only cost about $30 billion, but the way the books have been cooked, and with the lack of transparency, there is really no way to know what the real cost of that program has been.
Have we seen any real improvement in the real estate market and have these governmental investments improved the economic outlook of our nation? I don't really think that anyone can say that they have. Housing prices are still artificially inflated beyond reality. Most of the people that I know that I've tried to sell property cannot and the only way that they will be able to sell their property is to decrease the asking price of that property. In reality most housing investments are far below the price (value-principal) that they took the loans out at.
The financial lending institutions have been in a win-win, can't lose situation. They're making money off of fees related to the introductory loan, derivative investments related to the loan, any fees related to late payments on the loan, fees from for foreclosure proceedings, and money related to the resale of the foreclosed properties. The lending institution was supposed to have a fiduciary responsibility to ensure that the person taking out the loan could afford the loan. What has been revealed over the last few weeks related to this issue of fraudulent foreclosures is that the banks not only have not acted in the best interest of their clients (the person who took out the loan), but they have played their client as a dupe and in doing so they have broken the law.
Think back to a few years ago and all of the mortgage companies that came out of the woodwork and aggressively pressed consumers to take out first, second, and third mortgages also known as equity loans. They had people believing that the value of their homes would increase forever. When the bubble burst it led to where we are today. It began the downward spiral that is continuously feeding off of itself. There's a lot of productivity that is no longer a part of our economic engine. With the glut of houses on the market, there is no need for the labor to create the products needed to build houses in the construction industry is at a standstill. And all of the ancillary jobs related to the construction of homes are gone.
The only people who benefited from this bubble or the people at the top of the food chain of the financial institutions. Fraud has been perpetrated on multiple levels. They make their money off of the fees associated with the instruments that are a part of the financial system. The troubled derivative investments associated with housing have been Collateralized Debt Obligations (CDOs) and Credit Default Swaps. What appears to have been the case is that the financial institutions packaged individual loans and sold them as financial instruments on Wall Street. The main problem is that they sold these packaged instruments multiple times to multiple entities. It appears that there's been no accountability, because an individual loan could have been placed into multiple packages. In essence your personal loan could belong to multiple parties. So it is virtually impossible to know who has the title to your loan or who you owe the money to. Therein lies the problem.
If one looks at Credit Default Swaps, they will see that the financial institutions involved in these investments have a vested interest to see that these loans would become nonperforming assets. That means it was in their interests that the client not pay off the loan and subsequently go into default. Once the client went into default, then the financial institution could collect on the credit default swap, which in essence is a form of insurance. Not only that, but then the financial institution has made money off of the initial loan, off of late fees, then off of the credit default swap, and finally off of the resale of the home.
That is what has brought me to this crossroad. I see the hoodoo that has taken place. This scam has been perpetrated at the expense of the American people and for the pleasure of the executives on Wall Street who are continuously being paid billions of dollars in bonuses and in turn buying off our political system and our court system to represent the interests of very few people. As I have further delved into this issue, I realize how rigged and perverted the system is. It is not only the housing industry, but it is every facet of the financial industry and thus the economic system in our country.
If you want to free up capital and bring liquidity back to our financial structure, then you're going to have to rein in the corruption. The wealth has been concentrated at the top of our socioeconomic food chain. The megarich continue to get richer and the disparity in income continues to grow. This was not the intention of our forefathers in this country is not what it once was. We need to bust open the piñata, if you want small businesses to form and be able to have lines of credit and if you want average people to be able to own homes, then you are going to have to bust open this concentration of wealth. It can no longer be ignored.
The best way to do this is to hold the parties who are responsible for these fraudulent loans, fraudulent financial instruments, and the resulting fraudulent foreclosures responsible for their actions. People have been displaced because of this fraud. This has not been a victimless crime. Sure, some people faulted on their loans because of their ineptitude, but the lending institution had a fiduciary responsibility to act in the interests of the person who took out the line. If the lending institution gave a loan to an individual who they knew most likely could never pay back the loan, then they had no business giving the loan to the person in the first place.
Look at all the predatory lending that took place a few years ago. In my opinion, adjustable rate mortgages should be illegal. Mortgage companies aggressively pushed these types of loans. There were many fly-by-night mortgage companies that aggressively marketed second mortgages as a way to tap into the over appraised equity of primary residences. That equity was created by the housing bubble. It was not real equity. People got caught up in the irrational exuberance. Most people don't understand the laws of economics and finance. They get caught up in the hysteria of the upswing created by a bubble market.
Most of the people that were hired as loan officers at these financial institutions did not understand their position of responsibility as a representative in the financial marketplace. They look to themselves as salespeople. They wanted to flip commissions. Anyone who studies finance understands that there are rules and laws that must be adhered to in these circumstances. Everyone from the top to the bottom of these financial institutions abrogated their duties as representatives of the public good. And as a result we are now going to pay the price of these grievances. I think everyone realizes that the "Too Big to Fails" have already failed. It is only a matter of how long we are going to carry out the charade of propping them up and continuing to pay the Executive Bonuses with Governmental dollars.
I really don't care whether you are in default on your mortgage or not. The only way that we can bring the housing market (and frankly our entire economic system) back into balance is to challenge this fraudulent system that overinflated housing values and thus the amount of money we pay for shelter. The excessive amount of money that we are paying for shelter, because of this bubble, is taken away from monies that could be spent elsewhere in this economy. We need to bring balance back to the marketplace and if we stand back and let this corruption go on then this depression will continue to dig deeper until it ravages our country to its core.
Personally, after reading the information that I have, I don't believe that it does any good to renegotiate with the bank under the current environment. The best thing to do is to find all the free resources and reference material that you can and sue the lending institution yorself without hiring a lawyer -- Pro se legal representation in the United States. I know that I'm going to look into this myself and I have already networked with a few people who are interested in pursuing this venture. When you decide that this is worth your time, then you can contact me at hickoryhound@gmail.com.
A letter to the NC Attorney General involving Fraudclosure
You can help people save their homes!
Real Terrorism: Financial Terrorism - Time to break the Banksters
2nd wave of the Banking Meltdown is here
How can the United States avoid Bankruptcy?
The Plunge Protection Team and the Ponzi Economy
OK, so the government was supposedly spending $3.4+ trillion on the Federal level in order to prime the pump and the TARP bailout money was supposed to be a revolving credit line meant to recreate liquidity in the credit markets related to the residential housing crisis and the loans related to the real estate bubble. The government will tell you that TARP has only cost about $30 billion, but the way the books have been cooked, and with the lack of transparency, there is really no way to know what the real cost of that program has been.
Have we seen any real improvement in the real estate market and have these governmental investments improved the economic outlook of our nation? I don't really think that anyone can say that they have. Housing prices are still artificially inflated beyond reality. Most of the people that I know that I've tried to sell property cannot and the only way that they will be able to sell their property is to decrease the asking price of that property. In reality most housing investments are far below the price (value-principal) that they took the loans out at.
The financial lending institutions have been in a win-win, can't lose situation. They're making money off of fees related to the introductory loan, derivative investments related to the loan, any fees related to late payments on the loan, fees from for foreclosure proceedings, and money related to the resale of the foreclosed properties. The lending institution was supposed to have a fiduciary responsibility to ensure that the person taking out the loan could afford the loan. What has been revealed over the last few weeks related to this issue of fraudulent foreclosures is that the banks not only have not acted in the best interest of their clients (the person who took out the loan), but they have played their client as a dupe and in doing so they have broken the law.
Think back to a few years ago and all of the mortgage companies that came out of the woodwork and aggressively pressed consumers to take out first, second, and third mortgages also known as equity loans. They had people believing that the value of their homes would increase forever. When the bubble burst it led to where we are today. It began the downward spiral that is continuously feeding off of itself. There's a lot of productivity that is no longer a part of our economic engine. With the glut of houses on the market, there is no need for the labor to create the products needed to build houses in the construction industry is at a standstill. And all of the ancillary jobs related to the construction of homes are gone.
The only people who benefited from this bubble or the people at the top of the food chain of the financial institutions. Fraud has been perpetrated on multiple levels. They make their money off of the fees associated with the instruments that are a part of the financial system. The troubled derivative investments associated with housing have been Collateralized Debt Obligations (CDOs) and Credit Default Swaps. What appears to have been the case is that the financial institutions packaged individual loans and sold them as financial instruments on Wall Street. The main problem is that they sold these packaged instruments multiple times to multiple entities. It appears that there's been no accountability, because an individual loan could have been placed into multiple packages. In essence your personal loan could belong to multiple parties. So it is virtually impossible to know who has the title to your loan or who you owe the money to. Therein lies the problem.
If one looks at Credit Default Swaps, they will see that the financial institutions involved in these investments have a vested interest to see that these loans would become nonperforming assets. That means it was in their interests that the client not pay off the loan and subsequently go into default. Once the client went into default, then the financial institution could collect on the credit default swap, which in essence is a form of insurance. Not only that, but then the financial institution has made money off of the initial loan, off of late fees, then off of the credit default swap, and finally off of the resale of the home.
That is what has brought me to this crossroad. I see the hoodoo that has taken place. This scam has been perpetrated at the expense of the American people and for the pleasure of the executives on Wall Street who are continuously being paid billions of dollars in bonuses and in turn buying off our political system and our court system to represent the interests of very few people. As I have further delved into this issue, I realize how rigged and perverted the system is. It is not only the housing industry, but it is every facet of the financial industry and thus the economic system in our country.
If you want to free up capital and bring liquidity back to our financial structure, then you're going to have to rein in the corruption. The wealth has been concentrated at the top of our socioeconomic food chain. The megarich continue to get richer and the disparity in income continues to grow. This was not the intention of our forefathers in this country is not what it once was. We need to bust open the piñata, if you want small businesses to form and be able to have lines of credit and if you want average people to be able to own homes, then you are going to have to bust open this concentration of wealth. It can no longer be ignored.
The best way to do this is to hold the parties who are responsible for these fraudulent loans, fraudulent financial instruments, and the resulting fraudulent foreclosures responsible for their actions. People have been displaced because of this fraud. This has not been a victimless crime. Sure, some people faulted on their loans because of their ineptitude, but the lending institution had a fiduciary responsibility to act in the interests of the person who took out the line. If the lending institution gave a loan to an individual who they knew most likely could never pay back the loan, then they had no business giving the loan to the person in the first place.
Look at all the predatory lending that took place a few years ago. In my opinion, adjustable rate mortgages should be illegal. Mortgage companies aggressively pushed these types of loans. There were many fly-by-night mortgage companies that aggressively marketed second mortgages as a way to tap into the over appraised equity of primary residences. That equity was created by the housing bubble. It was not real equity. People got caught up in the irrational exuberance. Most people don't understand the laws of economics and finance. They get caught up in the hysteria of the upswing created by a bubble market.
Most of the people that were hired as loan officers at these financial institutions did not understand their position of responsibility as a representative in the financial marketplace. They look to themselves as salespeople. They wanted to flip commissions. Anyone who studies finance understands that there are rules and laws that must be adhered to in these circumstances. Everyone from the top to the bottom of these financial institutions abrogated their duties as representatives of the public good. And as a result we are now going to pay the price of these grievances. I think everyone realizes that the "Too Big to Fails" have already failed. It is only a matter of how long we are going to carry out the charade of propping them up and continuing to pay the Executive Bonuses with Governmental dollars.
I really don't care whether you are in default on your mortgage or not. The only way that we can bring the housing market (and frankly our entire economic system) back into balance is to challenge this fraudulent system that overinflated housing values and thus the amount of money we pay for shelter. The excessive amount of money that we are paying for shelter, because of this bubble, is taken away from monies that could be spent elsewhere in this economy. We need to bring balance back to the marketplace and if we stand back and let this corruption go on then this depression will continue to dig deeper until it ravages our country to its core.
Personally, after reading the information that I have, I don't believe that it does any good to renegotiate with the bank under the current environment. The best thing to do is to find all the free resources and reference material that you can and sue the lending institution yorself without hiring a lawyer -- Pro se legal representation in the United States. I know that I'm going to look into this myself and I have already networked with a few people who are interested in pursuing this venture. When you decide that this is worth your time, then you can contact me at hickoryhound@gmail.com.
A letter to the NC Attorney General involving Fraudclosure
You can help people save their homes!
Real Terrorism: Financial Terrorism - Time to break the Banksters
2nd wave of the Banking Meltdown is here
How can the United States avoid Bankruptcy?
The Plunge Protection Team and the Ponzi Economy
A letter to the NC Attorney General involving Fraudclosure
The following letter was made available to me. It was sent to the North Carolina Attorney General by a couple from Hickory. This letter gets to the heart of the matter and goes a long way towards explaining the plight of North Carolina Citizens who have residences with outstanding mortgages. I think that we should all make our concerns known to Attorney General Cooper. In the end, will he represent the interests of the average primary residence mortgage note holder or the Banking Interests involved in the financial and debt lending industry in our State.
October 10, 2010
Roy Cooper
North Carolina Attorney General
9001 Mail Service Center
Raleigh, NC 27699-9001
Subject: Foreclosure Fraud within North Carolina
Dear Attorney Cooper,
First let us commend you on your current efforts to stop the fraudulent foreclosures by banks and mortgage companies occurring within our state. We encourage you to participate in the multi-state task force of attorney generals just beginning to organize to come up with common solutions to this mess recently exposed in various litigation occurring across our country. We do want to ensure you are aware of a broad fraud that is occurring that many of our state's homeowners are exposed to. We're talking about the scam organization that the banking industry put in place in order to rob our state of millions of dollars of recording fees. This organization called Mortgage Electronic Registration Services (MERS) may in fact be the root cause of this mess we are in.
Multitudes of North Carolina homeowners have MERS written into their Deeds of Trust (DOT) as “nominees” for their lenders and “beneficiaries” of the DOT. As numerous Judges have pointed out, MERS specifically disclaims any interest in the obligation, note or DOT. Even the language of the Deed of Trust says MERS is mentioned in name only and that the Lender is someone else. These Judges who have considered the issue have come up with one conclusion, an assignment from a party with no right, title or interest has nothing to assign. The assignment may look good on its face but there still is the problem that nothing was assigned. If MERS was there in name only to permit transfers and other transactions off-record (a detriment to our state) and if the original party named as a Lender is no longer around, then what you have is a gap in the chain of custody and chain of title with respect to the creditors side of the loan. It is all off record which means it is a question of fact as to who owns the loan. The vary presence of MERS makes it a judicial question which means that the non-judicial election should not be available.
So when you put this all together, you end up with the following inescapable conclusions:
1. The naming of MERS as beneficiary in a deed of trust is a nullity.
2. MERS has no right, title or interest in any loan and even if it did, it disclaims any such interest on its own website.
3. The lender might be the REAL beneficiary, but that is a question of fact so the non-judicial foreclosure option should not be available.
4. If the lender was not the creditor, it isn’t the lender because it had no right to title or interest either, legally or equitably.
5. Without a creditor named in the security instrument intended to secure the obligation, the security was never perfected.
6. Without a creditor named in the security instrument intended to secure the obligation, the obligation is unsecured as to legal title.
7. Since the only real creditor is the one who advanced the funds (the investor(s)), they can enforce the obligation by proxy or directly. Whether the note is actually evidence of the obligation and to what extent the terms of the note are enforceable is a question for our courts to determine.
8. The creditor only has a claim if they would suffer loss as a result of the indirect transaction with the borrower. If they or their agents have received payments from any source, those payments must be allocated to the loan account. The extent and measure of said allocation is a question of fact that should be determined by our courts.
9. Once established, the allocation will most likely be applied in the manner set forth in the note, to wit: (a) against payments due (b) against fees and (c) against principal, in that order.
10. Once applied against payments due, the default vanishes unless the allocation is less than the amount due in payments.
11. Once established, the allocation results in a fatal defect in the notice of hearing, the statements sent to the borrower, and the representations made to our Superior Clerk of Courts. Thus at the very least they must vacate all foreclosure proceedings and start over again.
12. If the allocation is less than the amount of payments due, then the investor(s) collectively have a claim for acceleration and to enforce the note, but they have no claim on the deed of trust. By intentionally NOT naming parties who were known at the time of the transaction the security was split from the obligation. The obligation became unsecured.
13. The investors MIGHT have a claim for equitable lien based upon the circumstances that BOTH the borrower and the investor were the victims of fraud. This mess is very convoluted and will have a severe impact to our state. I believe our Clerk of Courts are not equipped to handle these complex issues. Appellate Judge Carl R. Fox of the Wake County Superior Court in the decision of the foreclosure of a Deed of Trust executed by Hannia M. Adams and H. Clayton Adams reaffirmed that “while a power of sale provision is meant to function as a more expeditious and less expensive alternative to a foreclosure by action, In re Foreclosure of Brown, 156 N.C. App. 477, 486, 577 S.E.2d 398, 404 (2003), foreclosure under a power of sale is not favored in the law, and its exercise will be watched with jealousy. In reForeclosure of Goforth Props., Inc., 334 N.C. 369, 375, 432 S.E.2d 855, 859 (1993) (internal quotation marks
omitted)”.
Please make proper use of our North Carolina court system in resolving this mess a part of your proposed solution going forward.
You can help people save their homes!
Real Terrorism: Financial Terrorism - The BankstersTime to break the Banksters
2nd wave of the Banking Meltdown is here
How can the United States avoid Bankruptcy?
The Plunge Protection Team and the Ponzi Economy
October 10, 2010
Roy Cooper
North Carolina Attorney General
9001 Mail Service Center
Raleigh, NC 27699-9001
Subject: Foreclosure Fraud within North Carolina
Dear Attorney Cooper,
First let us commend you on your current efforts to stop the fraudulent foreclosures by banks and mortgage companies occurring within our state. We encourage you to participate in the multi-state task force of attorney generals just beginning to organize to come up with common solutions to this mess recently exposed in various litigation occurring across our country. We do want to ensure you are aware of a broad fraud that is occurring that many of our state's homeowners are exposed to. We're talking about the scam organization that the banking industry put in place in order to rob our state of millions of dollars of recording fees. This organization called Mortgage Electronic Registration Services (MERS) may in fact be the root cause of this mess we are in.
Multitudes of North Carolina homeowners have MERS written into their Deeds of Trust (DOT) as “nominees” for their lenders and “beneficiaries” of the DOT. As numerous Judges have pointed out, MERS specifically disclaims any interest in the obligation, note or DOT. Even the language of the Deed of Trust says MERS is mentioned in name only and that the Lender is someone else. These Judges who have considered the issue have come up with one conclusion, an assignment from a party with no right, title or interest has nothing to assign. The assignment may look good on its face but there still is the problem that nothing was assigned. If MERS was there in name only to permit transfers and other transactions off-record (a detriment to our state) and if the original party named as a Lender is no longer around, then what you have is a gap in the chain of custody and chain of title with respect to the creditors side of the loan. It is all off record which means it is a question of fact as to who owns the loan. The vary presence of MERS makes it a judicial question which means that the non-judicial election should not be available.
So when you put this all together, you end up with the following inescapable conclusions:
1. The naming of MERS as beneficiary in a deed of trust is a nullity.
2. MERS has no right, title or interest in any loan and even if it did, it disclaims any such interest on its own website.
3. The lender might be the REAL beneficiary, but that is a question of fact so the non-judicial foreclosure option should not be available.
4. If the lender was not the creditor, it isn’t the lender because it had no right to title or interest either, legally or equitably.
5. Without a creditor named in the security instrument intended to secure the obligation, the security was never perfected.
6. Without a creditor named in the security instrument intended to secure the obligation, the obligation is unsecured as to legal title.
7. Since the only real creditor is the one who advanced the funds (the investor(s)), they can enforce the obligation by proxy or directly. Whether the note is actually evidence of the obligation and to what extent the terms of the note are enforceable is a question for our courts to determine.
8. The creditor only has a claim if they would suffer loss as a result of the indirect transaction with the borrower. If they or their agents have received payments from any source, those payments must be allocated to the loan account. The extent and measure of said allocation is a question of fact that should be determined by our courts.
9. Once established, the allocation will most likely be applied in the manner set forth in the note, to wit: (a) against payments due (b) against fees and (c) against principal, in that order.
10. Once applied against payments due, the default vanishes unless the allocation is less than the amount due in payments.
11. Once established, the allocation results in a fatal defect in the notice of hearing, the statements sent to the borrower, and the representations made to our Superior Clerk of Courts. Thus at the very least they must vacate all foreclosure proceedings and start over again.
12. If the allocation is less than the amount of payments due, then the investor(s) collectively have a claim for acceleration and to enforce the note, but they have no claim on the deed of trust. By intentionally NOT naming parties who were known at the time of the transaction the security was split from the obligation. The obligation became unsecured.
13. The investors MIGHT have a claim for equitable lien based upon the circumstances that BOTH the borrower and the investor were the victims of fraud. This mess is very convoluted and will have a severe impact to our state. I believe our Clerk of Courts are not equipped to handle these complex issues. Appellate Judge Carl R. Fox of the Wake County Superior Court in the decision of the foreclosure of a Deed of Trust executed by Hannia M. Adams and H. Clayton Adams reaffirmed that “while a power of sale provision is meant to function as a more expeditious and less expensive alternative to a foreclosure by action, In re Foreclosure of Brown, 156 N.C. App. 477, 486, 577 S.E.2d 398, 404 (2003), foreclosure under a power of sale is not favored in the law, and its exercise will be watched with jealousy. In reForeclosure of Goforth Props., Inc., 334 N.C. 369, 375, 432 S.E.2d 855, 859 (1993) (internal quotation marks
omitted)”.
Please make proper use of our North Carolina court system in resolving this mess a part of your proposed solution going forward.
You can help people save their homes!
Real Terrorism: Financial Terrorism - The BankstersTime to break the Banksters
2nd wave of the Banking Meltdown is here
How can the United States avoid Bankruptcy?
The Plunge Protection Team and the Ponzi Economy
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