Michael Maiello's picture

    Yes, He Can Veto!

    Welcome news from the Obama Administration today.  The President will veto (either outright or as a pocket veto) the Interstate Recognition of Notarizations Act of 2010.  The bill orders federal and state courts to recognize the the marks of out of state notaries.  It's actually been floating around Washington for a long time, getting nowhere but then it was suddenly and unanimously (and quietly) passed by the Senate on its last day in official session, right when homeowners, plaintiffs attorneys and state attorneys general have been accusing national mortgage lenders of forging foreclosure documents, partly by improperly using out of state notaries.

    See, in many cases, mortgages and titles weren't properly handled by the mortgage companies.  This is shocking, I know.  The loans were all packaged and sold but not everything was delivered to the new owners.  This has led to all sorts of funny business including multiple banks foreclosing on a single home and even one instance of Bank of America foreclosing on a home that had no mortgage balance whatsoever.

    In Florida and other real estate bubble hot spots, mortgage servicers are turning into or turning to the services of foreclosure mills where tens of thousands of foreclosures are processed and plowed through special courts manned by inexpert retired judges.  Many times documents are lacking.  When they can't be found, they're created.  The Notarizations Act allows not just for out of state notaries to function but for them to notarize documents electronically.  Hey, it's 2010, makes sense, right?  More documents can be notarized faster in the digital age!  But it's also mighty convenient for a mortgage company in desperate need of a signed and notarized document that it either lost or never had, to create that document and use it to steal some one's property.  Is that what's going on?  We don't know, but it's not worth the risk.  We do know that desperate companies are doing some pretty evil things all throughout the heartland.

    It's rather suspicious that our dysfunctional Senate got it together so quickly to pass a bill like this.  I'm sure Senate detractor DH is really impressed.  I wish I could find the link but the first thing I read about this in the morning quoted an unnamed Senate staffer as saying that "constituent calls" prodded the Senate into action on this.  Can you imagine?  Law pertaining to notaries have always been a passionate topic among my friends and family.  Thanksgiving 2004 can never again be spoken of thanks to Jack Daniels, Dad, a wooden chair and an argument about whether you can notarize a signature or only a document with a signature on it.  Admit it.  You all called the Senate about this.

    Anyway, I was going to blog here that Obama should veto the bill, but I guess he didn't need to hear from me.  He's made the right move.  More like this, please, Mr. President.  This gives me some reason to believe that your head's in the right place.

    Another piece of good news: apparently the media is taking to calling it the "foreclosure docs bill," which should be a very nice way of patting on the grave once it's killed.  Propaganda actually working for us.  What is this, opposite day?

    Comments

    Sincerely good news.  More calls from Senators and Governors to halt foreclosures, too.  It's a shame it took so long to get here, but still, as Bilbo Baggins always says: (hat tip: Obey)

    Need brooks no delay

    Yet better late than never.

    (Our family was also bullish on Notary Discussions.)


    YES THE BILL SHOULD BE VETOED!!!


    Stuff rushed through on the last day of a session is normally non-controversial stuff backed by the leadership of both parties. If I understand correctly, the "unanimous consent" this bill got simply means no one forced an actual vote by raising any objection.

    The Democrats who pushed this bill were Bob Casey and Patrick Leahy. Leahy is a bit of a surprise. Unless the idea was to stealthily give the president something unpopular to use his first veto on! Nah, the Dems aren't that clever.


    Not to belabor a subject--as if I do not belabor all the time...

    In poker you can get caught in this cycle...i have trips but he thinks I have trips but he really thinks I have trips and he will bluff me into thinking that he has a straight but he knows I will think that he is bluffing me into thinking he has a straight because he really has a straight....

    I f Leahy really thought thus, screw Leahy...he is attempting to look good no matter what he does. And I like Leahy.

     


    Well done using poker to blow 20 dimensional chess out of the water.

    Oh, you sunk my battleship.


    Nice to know the Senate and House can act fast, and in unity when the needs and well being of Americans are at stake, or at least big banks trying to kick people out of their homes.

    Unanimous consent means NOT ONE member objected to the Bill HR 3808. Leahy put it through the Senate but is now claiming Obama did the 'right thing'.

    Good article at link

    ...Max Gardner, a foreclosure defense attorney, said the timing of the bill was suspicious, considering fraudulent notarization of bogus foreclosure affidavits is at the heart of a scandal that has prompted the nation's largest banks to pause foreclosures in 23 states....


    I'd like to know more about the Jack Daniels incident.  Wink  Also, it's DF, not DH.  And yes, excellent post, as I would never have known about it other than by reading Dag.  Thanks, Destor.

    Oh, and also...it's the signature, not the document.  So do I get a shot of Jack?

     


    So embarassed about typo-ing DF!

    You get a shot of WIllet's Family Reserve (to sip, as a fine bourbon should be).


    Well, thank you!  Clink!

     


    Seconded!  Thank you so much, Destor.  It is good news, and you're on top of it. 


    Foreclosure fraud, among other things causes people to become harmed for not cooperating with unlawful property confiscation.  Foreclosure fraud enables things like repetitive, illegal property flipping; illegitimate homelessness, underhanded evictions;  it enables unscrupulous foreclosure mill lawyers (especially when judges abet deceit) to deceptively hold auctions and make insider bids to acquire properties, and causes blighted neighborhoods. 

    I paid my NON-SUBPRIME mortgage for 7 years prior to abusive marriage. When a foreclosure mill lawyer fraudulently foreclosed via a defunct lender’s identity, the courts castigated me for opposing the foreclosure mill lawyer’s red flag use of the defunct lender’s identity, and Bankruptcy “lift stay” motions and “proof of claim” documents under Wells Fargo’s name.

    Years later, the foreclosure lawyer used the non-existent lender’s identity, to carry out a ‘simulated’ auction (in my absence), and an inside bid was made on my home.  The foreclosure lawyer had the property deed recorded into the name of the non-existent lender, and 3 months later, the local newspaper showed Freddie Mac as paying the non-existent lender over $86,000.  At the end of the year, I discovered that Wells Fargo had gotten in on the foreclosure sham by filing a false IRS form 1099-A for my property when I received an IRS tax bill.

    It's not simply loss of my home that ‘eats my lunch’, it's such things as horrible, horrible YEARS of judicial abuses, privacy invasions, danger for my safety, blackballed from LAW employment, and other reprisals to which I am yet subjected, due to APPALLING LAND GRAB racketeering (AKA) foreclosure.   And, it is similar appalling injustices of which I know have happened to other people, merely because they also lawfully sought their rights to DUE PROCESS OF LAW.  I will not cease speaking out / I’m not an Internet troll. I am doing every lawful thing I know, because I simply want MY LIFE BACK.   *http://www.lawgrace.org/2010/09/30/important-facts-about-foreclosure-and...

    


      I couldn't let this pass . . .

    I know I'm late to the thread but great post here Destor. And the following caught the ol' Duck's eye...

    "...an unnamed Senate staffer as saying that 'constituent calls' prodded the Senate into action on this..."

    Yeah ... I bet they got calls along with bundles of unmarked bills showing up mysteriously in reelections coffers.

    Also of note: Speaking of using the veto pen in addition to other avenues of getting the people's agenda working... the following is from an article in Wednesday's LA Times:

    As President Obama remakes his senior staff, he is also shaping a new approach for the second half of his term: to advance his agenda through executive actions he can take on his own, rather than pushing plans through an increasingly hostile Congress.

    He knows there's a tsunami on the horizon and is getting ready to flip 'em the fickled f**kin' finger of fate at those who are the detractors on the hill.

    There's a whole passle of alligators in that swamp there in DC.

     

    Thanks again Destor.

    ~OGD~

    .


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