Thursday, October 07, 2010

AG's Leap Into Action! LOL!

If you ever want to see politics at work, just monitor what the various AG's around the country leap into when there's an opportunity to make it look like they're standing watch to protect the citizens of their state.

For over a decade now, the mortgage industry has taken advantage of their relentlessly effective garbage disposal (foreclosure mills) to hide their culpability in shedding themselves of those nasty sub-prime mortgages that they were more than happy to originate but don't want to have to answer for.

Even with tens and even hundreds of millions of dollars worth of judgments and settlements, the Squaliformes were still making so much money that they just couldn't help themselves and had to keep on feeding the foreclosure machine rather than modify loans and keep people in homes.

The dirty "secrets" (which were never really a secret among victims or a handful of determined counsel who would challenge the system) are the convenient "affidavit of lost note" documents that courts were more than happy to accept because the law firms tossing them into the garbage disposal supposedly had a signature and a notary's seal on them.

Now, of course in hindsight, a bunch of people who have been asleep at the switch for so long are supposedly aghast that such things have been going on for years.

Hmmm . . . could it be there's an election just 'round the corner?

If you want to see a political animal at work just look at the Attorney General in any given state.

Imagine having a job that only requires you to do something if some awful thing finally reaches a catastrophic level; one that gives you the opportunity to step in and take advantage of so that you can appear effective and advance your opportunity to higher office.

What a great job! How can you lose?

And the media is thrilled to see them in action! AG does this, AG does that. AG takes perpetrator to task, gets a few million here and there . . . oh, but wait - perpetrator admits no wrongdoing and is still in business.

In other words, the perpetrators of crimes against the citizens of states do little more than pay a pittance for what they did and the AG gets the publicity for the upcoming campaign.

Ain't it just grand?

The Honorable Judge Roy Bean

1 comment:

Cincinnaticus said...

Judge: The only way an "affidavit of lost note" could pass muster as admissible evidence in one of these so-called court proceedings is if no opposing council was present to object to it in court. After all, an affidavit by its very nature is an out of court statement offered to prove the truth of the matter asserted. In other words, it's HEARSAY! One cannot cross-examine a piece of paper and all that was necessary was to demand, via the rules of procedure, that the affiant appear to testify in person under oath, thus exposing the liar to cross-examination.

That's when the fun begins.

Of course, that eventually did happen resulting in the affiant being shredded on the witness stand and the entire scam being exposed to the light of day.

It should be noted that this same kind of criminal fraud happens all the time in credit card lawsuits. Without exception, an affidavit appears along side the complaint and is rarely struck down by the judge due to the pathetic fact that the vast majority of the lawsuits are never properly challenged by the defendants. Indeed, over 90% don't even show up in court, thus resulting in a default judgement being awarded to the loansharking institution or its bottom-feeding minions (junk debt buyers).

Take a guess what happens when a defendant properly challanges one of these affidavits? That's right, the opposition will usually come back with "the affiant is not available" thus putting to rest the entire affidavit-as-evidence scam.

The moral of the story is that this crap takes place all the time simply because the American boob-public can neither afford an attorney to fight or simply lacks the legal knowledge required to represent himself pro se.