NOTE: THIS WRITING HAS BEEN EDITED FROM IT’S ORIGINAL POSTING AND HAS BEEN SUBMITTED AS A “LETTER TO THE EDITOR” TO NEWSPAPERS THROUGHOUT THE STATE.
Where Does It Go From Here? Fraudulent Foreclosure Actions in Wisconsin
The exposure of the brazen, massive frauds being committed by Wells Fargo Bank on their customers reminds us that the banking and justice system appear hopelessly intertwined resulting in impunity for national banks operating criminal racketeering enterprises. No one will be charged criminally.
We have been watching the wheels of justice turn ever-so-slowly here in Wisconsin as the foreclosure crisis continues to displace families. What is so disheartening is that the judges, accepting spoken-word bank attorney theories of note transfers and worthless “assignments mortgage” as evidence of those transfers (ignoring Dow Family Trust, LLC v. PHH Mortgage Corporation, 350 Wis. 2d 411, 838 N.W.2d 119) continue with their “see-no-evil, hear-no-evil, speak-no-evil” act. When presented with evidence of bank wrongdoing (including forgery, perjury, wire fraud, and fraud on the Court) they continue to rule on behalf of the foreclosing banks and their law firms without regard for the laws of the State.
“Substitution of plaintiff” would normally require “leave of the Court”, but here in Cheeseland, lawyers switch the names of complainants “willy-nilly” without even a question by the Judge.
Presenting an affidavit from mortgage servicers or their counsel stating “We have the note in our possession” is no substitute for presenting the note in Court for opposing counsel or the signor (maker) to inspect. Multiple varying copies of the note, all affirmed as “true and correct copies” even though they lack intervening indorsements or even an “indorsement in blank” are overlooked by the judges as though it doesn’t matter. The rules of equity (and evidence) have been cast to the curb in favor of dispossessing the citizens and handing the proverbial “free house” to the bank servicer or even their law firms. “What does it matter? The guy didn’t pay his mortgage!” This has been their mantra for many years. It doesn’t matter that copies of copies of illegal, paid and extinguished, lost, or unenforceable notes and void mortgages are used to steal the homes of the families inside them.
Requests for discovery relating to transfer of possession becomes “work product” protected by “attorney client privilege”, and when the “mortgage purchase agreement” as set forth by the PSA is brought to the attention of the Court, suddenly the homeowner has no standing to contest the lack of transfer to the named plaintiff or to even cite to the failure of the banks to follow the Uniform Commercial Code as specified by the trust indenture, even though it was bank plaintiff attorneys who entered the PSA into the record as their own “proof of standing to foreclose”.
The lawlessness that has taken hold here is a by-product of the Walker administration (and the failure of the State Attorney General, local district attorneys, and the Office of Lawyer Regulation) to stand up to the banking oligarchy and lawyers that line their pockets. As a matter of fact, it amounts to misprision of a felony in my humble opinion.
Particularly saddening is that the Walker administration saw fit to take the National Foreclosure Settlement Agreement monies and use it to plug the budget deficit. The fact that Attorney General VanHollen signed the agreement and then gave the money to his friend The Governor speaks volumes about the sorry state of our political system and its total disregard for the citizenry.
A little further on down the map, in Indiana, homeowners who had their homes foreclosed using forged documents and other illegal acts committed by banks and their law firms are being paid $2,000,000 in restitution EACH. That is what the foreclosure settlement monies were intended to provide: relief and restitution. To some, that may sound extreme. To those on the receiving end of abuse of legal process, fraudulent foreclosure, bank servicing fraud, and the other crimes committed by the national and foreign national banks, it may be “just enough” to help these people restore their lives and bring peace to their world that seven years ago seemed “upside down”.
As those wheels turn ever so slowly, some Wisconsin attorneys are having success. The Appellate Court tries to issue unpublished rulings wherever possible to protect the status-quo. However, only after the corrupt county judges are repeatedly reversed on appeal and made to look extremely foolish for their faux ignorance of the law will the correct rulings start to appear and be published. But because so many homeowners blamed themselves first and failed to contest these fraudulent foreclosures, the banks have had carte-blanche feeding on fraud at the trough of justice in “courts of equity” for a long, long time. When will Mr. Schimmel, as the Attorney General and chief law enforcement officer of the State of Wisconsin, stop the crimes being committed here?
In patriotism and with justice for all!
/s/ Roger P. Rinaldi