Produce the Note!

[ColbertWatcher]

Run time: 03:32 https://www.youtube.com/watch?v=VF_vU7WZpUE   Posted on YouTube: January 30, 2009 By YouTube Member: Views on YouTube: 0   Posted on DU: January 31, 2009 By DU Member: ColbertWatcher Views on DU: 5542

 
Ohio Congresswoman Marcy Kaptur leads a movement called "Produce the Note," which encourages people not to leave their homes are foreclosed, unless the bank can produce paperwork clearly stating who the owner of the loan is.

(I believe she also recommends having a lawyer handy.)

[my2sense]

1. If everyone decides to stay in their homes

what can the banks do? I doubt they can find enough constables to execute evictions for all these people. I hope this movement gains some traction. It helps no one for these folks to thrown out there on the streets.

[MrMickeysMom]

3. Well, that is the point-

It's like opening a bigger gash in a sucking chest wound if you throw people out.

Exactly.

[ColbertWatcher]

4. The banks want the property, but they cannot prove who owns it.

They will try to use people as pawns in their property wars.

I fear there will be violence, but I hope people get justice in the end.

[Usrename]

34. Their own unique version of doublethink.

We know that whenever a house burns down they definitely can figure out who to send the insurance money to, but somehow, at the same time, they cannot figure out who takes the hit when the mortage goes into default. How can that possibly be?

[blue97keet]

41. If a bank cannot prove who owns the property

then how does anybody know that payments on a mortgage are going to the "right" place and not to hackers or scamsters?

[jwirr]

46. And if they cannot produce the note them they - the banks - have

no proof that they own the property. This woman has finally found a way to make the banks face the music.

[MrMickeysMom]

2. Could this get the attention of the rest of congress?

God, I hope so.

[ColbertWatcher]

5. She said it on the floor' it's in the record.

I just hope every American hears it.

[MrMickeysMom]

8. Me too n/t

[jwirr]

47. Email this around the country!

[tclambert]

16. My neighbor just told me about it. So somebody's talking about it.

Squatters in their own homes. That probably won't stand a court test. But if the bank can't prove they own the original mortgage contract, they have no right to foreclose. And that makes me wonder if banks have been foreclosing on houses they don't own the mortgage to. Who would know? Habeas Papyrus!

[ColbertWatcher]

19. "if the bank can't prove" And, that's the point.

It's kinda like a foreclosure paperwork habeas corpus.

[slipslidingaway]

6. Surprised this was covered by CNN, full text of her speech below

If you are curious as to who the prior member was, here is the archive for that date.

http://www.c-spanarchives.org/congress/?q=node/69850&date=2009-1-15



http://www.c-spanarchives.org/congress/?q=node/77531&id=8920164

"Ms. KAPTUR. Madam Speaker, I am glad I was here on the floor to respond to the prior Member who felt compelled to say that he thought the Wall Street bailout was working. I would like to know what evidence he has to prove that, since we have no forensic accounting of what the Wall Street banks that got all this money did with the money. Maybe he has some special access inside these institutions and can provide it to the Record, because I will tell you what happened yesterday.

I went before our Rules Committee and I proposed a very simple amendment. My amendment was that before we give one more dime of the people's money, we require the Treasury to do a forensic accounting of every bit of money that was sent up there to Wall Street. And I was denied my amendment.

There is no Member of this Congress that can say with accuracy, including the gentleman who just spoke, that he knows where the money is, because, you know what? They haven't told us. All you know is what you have read in the newspapers, and how can we extend more money from the American people when we don't even know what happened to the money that went out the door?

So you can say whatever you want and create a fiction, but the fact is that foreclosures are going up across this country. That bill that was passed last year was supposed to help people hang onto their homes. In Ohio, foreclosures have gotten worse every month.

What I am telling people right now is, stay in your homes. If the American people, anybody out there is being foreclosed, don't leave, because I will tell you what. If you had a smart lawyer like those banks up there on Wall Street can get, they would take you into court and they couldn't find the mortgage. They couldn't find the mortgage.

So why should any American citizen be kicked out of their homes in this cold weather? In Ohio it is going to be 10 or 20 below zero. Don't leave your home. Because you know what? When those companies say they have your mortgage, unless you have a lawyer that can put his or her finger on that mortgage, you don't have that mortgage, and you are going to find they can't find the paper up there on Wall Street.

So I say to the American people, you be squatters in your own homes. Don't you leave. In Ohio and Michigan and Indiana and Illinois and all these other places our people are being treated like chattel, and this Congress is stymied. We have the worst economic crisis since the Great Depression and our committees are muzzled. Power is given to one chairman or one person.

We are all equal here. We have a right to be heard. The concerns of our constituents have a right to be registered in the committees of this House, not choked down as what is happening here today. It is just a tragedy. And if we don't fix the economic cure, it is going to get worse, and the cure is to go after the home foreclosure crisis.

Who does that? Treasury? No. That is absolutely the wrong place. We need the Federal Deposit Insurance Corporation and the Securities and Exchange Commission empowered to do the real estate workouts on books across this country. Those are the normal institutions that are used. And then you have got HUD there now with FHA that can take these mortgages once they are refinanced. But that is not what is happening across our country. There is no help for the homeowner. That whole section they talked
about today, Help for Homeowners over at HUD, nobody has even benefited. We said last year they wouldn't, and that is exactly what has happened.

So I say to the American people, stay in your homes. You have earned them. And don't you get out until you get a really good lawyer who can find your mortgage up there on Wall Street. Because, you know what? They won't be able to find it, and therefore they can't prove you should be evicted.
END'

[ColbertWatcher]

7. Thank you!

I was looking for a link to the CSPAN footage, but this was all I could find.

I hope there's more tomorrow.

[slipslidingaway]

9. I looked last night assuming it was something she said yesterday

once I saw the date on your video it was easy.

This may come in handy in the future, although the page has changed slightly. They have the videos up the same day, with only a slight delay. The text is usually the following day.


How to use the C-Span Video library

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=308&topic_id=690&mesg_id=690


You're welcome.

[Mithreal]

10. Let's kick this please. Rec for the Congresswoman! nt

[ColbertWatcher]

11. Thank you! For MARCY! n/t

[emilyg]

36. Marcy!!!!!

[Waiting For Everyman]

12. Some judges in Ohio and Florida have refused to foreclose because of this,

and instead, voided the mortgages. I'm wondering lately if this is why so many foreclosures are sort of "on hold" (pending modifications that don't happen), and so many of those already foreclosed are not listed on the Multiple Listing Service (which means they don't show up as real estate inventory, to be counted). My hunch is, that the banks fear the foreclosures may be reversed - especially if any bankruptcy judge gets hold of them.

I'm so glad to see Rep. Kaptur speak up about this.

[ColbertWatcher]

13. That's great news! Do you have links for the voided mortgages? n/t

[Waiting For Everyman]

33. FORECLOSURE DISMISSAL INFO:

Or google Judge Christopher Boyko (Ohio), or attorney April Charney (Florida).

http://iamfacingforeclosure.com/blog/2007/11/12/deutsche-bank-foreclosures-tossed-out-of-ohio-federal-court-they-own-nothing/

[blondeatlast]

39. Whoah! Interesting, very interesting. nt

[blondeatlast]

38. I'm in a neighborhood where there are many walk-aways and likely

foreclosures--what you say makes sense regarding the MLS; precious few of these homes are on there yet.

[IGotAName]

14. This is actually brilliant. nt

[ColbertWatcher]

15. It is beautiful in its simplicity. n/t

[valerief]

17. Way cool! nt

[ColbertWatcher]

20. I'm hoping enough people hear about this! n/t

[BlueJac]

18. Good for her........

The fucking crooks deserve to get screwed!!

[ColbertWatcher]

21. The best part is ...

... all their loan shenanigans is what they thought would get them rich and will prevent them from claiming rights to the property!

LOL!

I'm not sure if this is irony, but it's damn sweet!

[snot]

22. Lenders claim they can't negotiate loan modifications because the loan papers

have been re-packaged and sold so many times. Well, that's plausible; but if true, it makes sense that it should be just as difficult for them to prove their right to foreclose.

[ColbertWatcher]

44. Exactly.

It seems they want the luxury of selling the loans for profit, but still be able to foreclose even though they can't keep track of them.

[Iwillnevergiveup]

23. I only have one request, Marcy

Could you please come out to California and be our Governor??

:hi:

God, this needs air time.

[ejbr]

24. $40K down on a $147K house and they want to foreclose?

Fuck that! Stay put girlfriend. That's bullshit/

[grasswire]

25. power to the people

rock it, Marcy

[balantz]

26. Love Her! n/t

[Torn_Scorned_Ignored]

27. Here's a note

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=203&topic_id=484964


This was also the time when my Constitutional Rights began to be violated. In particular, the 4th Amendment.

US Constitution Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
http://www.findlaw.com/casecode/constitution /

The method of this violation and the consequences to me have been devastating. In the last 9 yrs I have lost all meaningful relationships.
I am totally isolated.
My health has declined,
I'm living way below the poverty level and
I haven't been OUT of this tiny apartment for more than necessities (grocery store, carry out) since the year 2000,
mostly, if not all due to loss of future income,
loss of meaningful relationships
and all friendships,
and loss of family ties.
ALL the result of the devastating effects of having my Constitutional Rights removed.

On 9/11, In my life far away from New York City or Washington, DC everything changed.

I lost All Liberty.

The insidiousness of the government Not Honoring your birthright and looking the other way when citizens are violated in the most unlawful, personal ways makes me question the Flag.

I've lost my Country. The Constitution doesn't work in my life, it doesn't apply. My fathers Great-Grandparents came to the shores of America. My mothers family came from Canada many moons ago. I am thoroughly an American citizen 284 ** ****.
I live in fear. I am in a situation that I cannot explain. Not to you, not to a lawyer, not to another person. Because OF the perfect execution and horrific effects of the peeling away of one freedom, one liberty at a time. You cannot explain, the cumulative effect becomes overwhelming. I've tried.
You have questions. I can't answer them. What has been done to me, and the terror over the past several years I've felt as a result is mind boggling.

I had friends, family relationships, dreams, hopes, a future.
I'm a real person whose Constitutional Rights have been violated. I've lost my rights. I'm not some illusionary citizen who got disappeared or placed in some Halliburton built prison camp. I am not psychotic or in need of some pharmaceutical to control synapses.

I have experienced an intrusive assault on my life,
US Constitution Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

Not having this is a fear you can taste. Having your very person violated. Listening devices, mail stolen, personal property disappearing from your home - some shadowy figure with a key, your computer hijacked and monitored and messed with.

Why should you care? This is your country. It's our Constitution.

The Constitution (Article 2, Section 1) provides that before assuming office the President must take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States.”

I, (Senator - Congressman/woman), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

AND

I've requested help from members of both Houses. 9 years and Nothing more than a "get a lawyer" from my Congresswoman, Marcy Kaptur 9th District Ohio.

[Torn_Scorned_Ignored]

28. Here's another note

Political Action Committee Contributions: 2005-2006 Campaign Cycle

EMPLOYEES OF NORTHROP GRUMMAN CORPORATION PAC
$1000
Northrop Grumman Corporation is a $30 billion global defense and technology company whose 120,000 employees provide innovative systems, products, and solutions in information and services, electronics, aerospace and shipbuilding to government and commercial customers worldwide.

PARAMETRIC TECHNOLOGY CORPORATION (PTC) PAC
$1000
PTC provides product lifecycle management solutions designed to meet the requirements of the global aerospace and defense industry.

PPG BETTER GOVERNMENT TEAM; PPG INDUSTRIES INC.
$2000
PPG has a long standing history of serving the US government as well as all branches of the military.
PPG Sierracin is the world leader in the manufacture of military aircraft and helicopter transparencies, and has more military transparency products in service than any other company.
PPG offers a “menu” of existing designs and cross-sections that have been tested and certified against known threats and is working closely with U.S. military agencies and vehicle OEM’s and integrators to develop new cross-sections and configurations to provide protection against evolving threats.

UNITED TECHNOLOGIES CORPORATION POLITICAL ACTION COMMITTE $2000
UTC is also a large military contractor, producing missile systems and military helicopters, most notably the Black Hawk Helicopter. In 2005, it received over 5 billion dollars in military contracts.

BRUSH WELLMAN GOOD GOVERNMENT FUND
$2000
Brush Wellman’s new aerospace alloy, was recently certified for use by the SAE/AMS materials committee as well as the leading builders of commercial and military aircraft.

PMA GROUP POLITICAL ACTION COMMITTEE
$2000
Defense Aviation - Base Realignment and Closure - Command, Control and Communications - Force Protection - Health Program Policy and Operations - Land Warfare and Ammunition - Logistics Medical Research - Modeling and Simulation - Operations and Maintenance - Shipbuilding - Space and Intelligence - Weapons and Electronics

RAYTHEON COMPANY POLITICAL ACTION COMMITTEE
$3000
Raytheon is a technology leader specializing in defense, homeland security, and other government markets throughout the world. With a history of innovation spanning more than 80 years, Raytheon provides state-of-the-art electronics, mission systems integration, and other capabilities in the areas of sensing; effects; command, control, communications and intelligence systems, as well as a broad range of mission support services.

LOCKHEED MARTIN EMPLOYEES' POLITICAL ACTION COMMITTEE
$4000
Lockheed Martin Aeronautics Company is recognized as the leader in the design, development and production of jet fighters.

GENERAL DYNAMICS VOLUNTARY POLITICAL CONTRIBUTION PLAN
$7500
General Dynamics Information Technology’s primary customer is the federal government. Within the government, we support all military services, the Department of Defense, the Department of Homeland Security, and nearly all cabinet-level agencies, as well as numerous other civilian and defense agencies.

AMERICAN SYSTEMS CORPORATION POLITICAL ACTION COMMITTEE
$10000
Within the government sector, our focus is on Command, Control, Communications, Computer, Intelligence, Surveillance, and Reconnaissance (C4ISR); Acquisition and Logistics; Readiness; National Security; and Citizen Safety.

TELEDYNE TECHNOLOGIES INCORPORATED PAC
$10000
Teledyne Technologies Incorporated is a leading provider of sophisticated electronic components, instruments and communications products, including defense electronics, data acquisition and communications equipment for airlines and business aircraft, monitoring and control instruments for industrial and environmental applications and components, and subsystems for wireless and satellite communications. We also provide systems engineering solutions and information technology services for defense, space and environmental applications, and manufacture general aviation and missile engines and components, as well as on-site gas and power generation systems.

[RBInMaine]

29. GOOD !! GOD DAMN TIME FOR A NEW POPULIST REVOLUTION. AMERICANS HAVE BEEN ROYALLY FUCKED BY CORRUPT

COPORATIONS HELPED BY A CORRUPT GOVERNMENT !! GOD I HOPE OBAMA AND DEMS TRULY CHANGE THINGS !! IS THIS THE WAKE-UP CALL THAT AMERICANS FINALLY HAVE NEEDED? ARE MANY NOW FINALLY WISHING THEY HAD NEVER VOTED FOR THE FUCKING PRO-CORPORATE, ANTI-PEOPLE, ULTRA-CORRUPT, RE-PUKE-LICAN PARTY TIME AND TIME AND TIME AGAIN.??? WILL THEY EVER GET THE FUCKING MESSAGE, OR DO THEY HAVE TO BE ON THEIR KNEES, OUT ON THE STREET, LIVING IN BOXES, AND EATING DIRT OFF THE GROUND BEFORE THEY FINALLY GET IT!!??

[Sanity Claws]

30. Why it's hard to get a lawyer to fight these foreclosures

I am an attorney with over 20 years of litigation experience. In summer 2008, the New York Federal Reserve Bank sponsored a two day Continuing Legal Education program at the City Bar Association to train lawyers to do this work pro bono. I was one of over hundred attorneys who signed up to do for this program. Despite twenty years of experience, I felt like I was starting over -- I didn't know any of the bank regulations, laws, etc. that these loans violated. Writing an answer to a complaint to foreclose took over eight hours because of all of the arcane defenses that have to be examined.
While I would like to offer more help to those facing foreclosure, doing this just one is a major time suck. I just can't spend this much time on another matter and wonder about my ability to finish this one.
Also, since these people are already having money problems, they can't afford to pay anything, including costs associated with the litigation.
As an aside, one other thing I got out of this training was that the Federal Reserve was warned YEARS in advance of the problems posed by these mortgages. Yet nothing was done. Apparently the Federal Reserve Bank's paying for this CLE is its way to assuage its guily conscience. Fuck them.

[lib2DaBone]

31. I like this Marcy Kaptur! Both she and Pete Dafazio....

... were the ONLY ones in Congress to be dead-set against the $700 Billion giveaway to Wall Street. (of course she was flamed and pummeled by both sides for not being "patriotic")

I would like to see her and Pete in the Whitehouse. For once, someone who cares about the worker bees.

[ooglymoogly]

32. What is the logical next step? Folks might start making armed fortresses of their homes.

Wall st has gotten to greedy and gone too far. They steal our money from both ends and expect the justice department to force folks to hand everything they have worked for over to them. After all it is in the end Wall St that writes the laws and a bribed congress eagerly puts them into effect and says I want some more.
Good onya Marcy Kaptur, you got my vote.

[ooglymoogly]

35. KR went to Utube gave it 5 stars and a fav. nt

[aquamarina]

37. Good for Marcy Kaptur -

[blondeatlast]

40. Awe. Some. You go, girlfriend! nt

[blue97keet]

42. Replace Pelosi with Kaptur

[cynthia]

43. must see

everyone needs to see this

[blondeatlast]

45. This will reduce crime and perserve property values, too.

Right now, I live right next to a home where the owners walked away. The yard is decrepot, it's clearly abandoned from the HOA right-of-way behind the backyard, and I do what I can to keep it presentable from the front.

No telling when it may--if ever--be foreclosed upon; in the meantime, why wouldn't squatters move in? It wouldn't be hard to do, just jimmy a window and make one's self at home.

I'd much rather the retired couple that owned it would have stayed there--and would glady have helped them with legal issues if they were foreclosed upon.

The banks can't give the damn things away anyhow--save our neighborhoods and help families in a mortgage crisis.

Godd for you, Rep. Kaptur!

[penguin7]

48. I see nothing good here for people that do not own homes

and want to see rents and property values fall.

[Still Sensible]

49. It sounds like a viable strategy in the short term

perhaps. But at some point that paper is going to turn up in somebody's hands. I hope people don't start thinking this will be a permanent solution.

[ColbertWatcher]

50. I don't think anyone believes it's for the long term.

I think people are trying to slow the economic mess.

In a house, people can receive mail and vote.

[yurbud]

51. the relevant law enforcement agencies should refuse to evict foreclosed families

[cynthia]

52. kick