Wednesday, October 3, 2012

MERS a FRAUD - WA Supreme Court

MERS Is Dead: Can Be Sued For Fraud: WA Supreme Court

Sep 26, 2012

State Court Ruling Deals Body Blow to MERS
Reprinted with permission

(Reuters) - The highest court in the state of Washington recently ruled that a company that has foreclosed on millions of mortgages nationwide can be sued for fraud, a decision that could cause a new round of trouble for the nation's banks.

The ruling is one of the first to allow consumers to seek damages from Mortgage Electronic Registration Systems, a company set up by the nation's major banks, if they can prove they were harmed.

Legal experts said last month's decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.

"This is a body blow," said consumer law attorney Ira Rheingold. "Ultimately the MERS business model cannot work and should not work and needs to be changed."

Banks set up MERS in the 1990s to help speed the process of packaging loans into mortgage-backed bonds by easing the process of transferring mortgages from one party to another. But ever since the housing crash, MERS has been besieged by litigation from state attorneys general, local government officials and homeowners who have challenged the company's authority to pursue foreclosure actions.

A spokeswoman for MERS said the company is confident its role in the financial system will withstand legal challenges.

The Washington Supreme Court held that MERS' business practices had the "capacity to deceive" a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not.

This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS' involvement would make repossession more complicated.

On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.

"This may be the beginning of a trend," says Elizabeth Renuart, a professor at Albany Law School focusing on consumer credit law.

The company's history dates back to the 1990s, when banks began aggressively bundling home loans into mortgage-backed securities. The banks formed MERS to speed up the handling of all the paperwork associated with recording the filing of a deed and the subsequent inclusion of a mortgage in an entity that issues a mortgage-backed security.

MERS allowed the banks to save time and money because it permitted lenders to bypass the process of filing paperwork with the local recorder of deeds every time a mortgage was sold.

Instead, banks put MERS' name on the deed. And when they bought and sold mortgages, they just recorded the transfer of ownership of the note in the MERS system.

The MERS' database was supposed to keep track of where those loans went. The company's motto: "Process loans, not paperwork."

But the foreclosure crisis revealed major flaws with the MERS database.

The plaintiffs in the Washington case, homeowners Kristin Bain and Kevin Selkowitz, argued that the problems with the MERS database made it difficult, if not impossible, to determine who really owned their loan. It's an argument that has been raised in numerous other lawsuits challenging the ability of MERS to foreclose on a home.

"It's going to be very easy for consumers to say they were harmed because it's inherently misleading," says Geoff Walsh, an attorney with the National Consumer Law Center. If consumers can't identify who owns their loan, then they don't know whom to negotiate with, and can't even be certain of the legitimacy of the foreclosure.

In a statement, MERS spokeswoman Janis Smith noted that banks stopped using MERS' name to foreclose last year. She added that the opinion will "create confusion" for homeowners in the state of Washington while the trial courts consider its effect on pending cases.

Meanwhile, MERS is attempting to remake itself. The company has a new chief executive and a new branding campaign. In Washington D.C. federal lawmakers have recognized the need to create a national mortgage-recording database that would track all U.S. mortgages. MERS is lobbying to build it.

The case is Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., Washington Supreme Court, No. 86206-1.

Source: Reuters - MERS

911 War Crimes Tribunal

9/11 War Crimes Tribunal expected to issue Indictments of Accused in 9/11 events on January 22, 2013

1-JUDGES.WEBRE.FOGAL


9/11 War Crimes Tribunal Judges Alfred Lambremont Webre & Constance Fogal,  June 17, 2012

9/11 War Crimes Tribunal expected to issue Indictments of Accused in 9/11 events on January 22, 2013

VANCOUVER, B.C. – At a meeting of the Judges of the 9/11 War Crimes Tribunal held Friday September, 28, 2012 in Vancouver, BC, Judge Constance Fogal, B.A., M.A, B.ED, LL.B and Alfred Lambremont Webre, JD, MEd reaffirmed the plan of the 9/11 Tribunal to issue Indictments of key Accused in the events of September 11, 2001 on January 22, 2013.

Judges Fogal and Webre met two days after formally separating from conference organizers and specific speakers at June 15-17, 2012 Vancouver, BC conference on a disagreement over the 9/11 Tribunal’s judicial independence and an attempt at suppression of 9/11 evidence.  The Tribunal’s separation was made formal in a Notice of Decision dated September 26, 2012, set out on the Tribunal’s website

www.911warcrimestribunal.org

9/11 War Crimes Tribunal

The 9/11 War Crimes Tribunal is a Tribunal of Conscience whose mission is the investigation, prosecution, trial, conviction and sentencing of key individuals participating in a common plan and conspiracy to execute a false flag operation on September 11, 2001, disguised as a “terrorist attack” on the U.S. mainland, with the real objectives of launching a war of aggression and domestic police state worldwide. Judge Webre is also a Judge on the Kuala Lumpur War Crimes Tribunal that on Nov. 22, 2011 found George W. Bush and Tony Blair guilty of crimes against peace for launching the illegal 2003 invasion of Iraq using false and deceptive “Weapons of Mass Destruction” grounds.

Affidavits of 9/11 Tribunal witnesses Leuren Moret & Andrew D. Basiago

The organizers of the June 15-17, 2012 conference and 17 of its 19 speakers essentially staged a walk-out from the 9/11 War Crimes Tribunal because Judges Fogal and Webre exercised judicial independence and introduced the affidavits of 9/11 witnesses Leuren Moret, MA, PhD ABD & Andrew D. Basiago, JD, MPhil (Cantab) into Tribunal evidence.

The four 9/11 witnesses with the 9/11 Tribunal presently include: Andrew D. Basiago, JD, MPhil (Cantab), Dean T. Hartwell, JD, Susan Lindauer, MA, and Leuren Moret, MA, PhD ABD. 

Mr. Basiago, an attorney in Washington State, is a former U.S. chrononaut with DARPA's Project Pegasus 1968-72 and the CIA's Jump Room program 1980-83. Dean T. Hartwell has written three books about 9/11 including, Planes without Passengers: the Faked Hijackings of 9/11; Facts Talk but the Guilty Walk: the 9/11 No Hijacker Theory and its Indictment of our Leaders. Susan Lindauer is the author of Extreme Prejudice: The Terrifying Story of the Patriot Act and the Cover-Ups of 9/11 and Iraq. Ms. Lindauer, who has a Masters degree in public policy from the London School of Economics, has been a reporter with U.S. News & World Report, and has worked for Representative Peter DeFazio, D-Oregon; Representative Ron Wyden, D-Oregon and Senator Carol Moseley Braun, D-Illinois to whom she was press secretary and speech writer. Leuren Moret was an Expert Witness at the International Criminal Tribunal For Afghanistan At Tokyo, and a speaker at the 2007 Kuala Lumpur War Crimes Conference.  She is on the organizing committee of the World Committee on Radiation Risk; has been an environmental commissioner for the City of Berkeley; a speaker at the 2007 Vancouver 9/11 conference and has conducted numerous interviews on 9/11.

A momentary sadness

In a September 28, 2012 letter to the remaining 9/11 Tribunal witnesses, the Tribunal Judges wrote: “My fellow Judge Constance Fogal and I had a meeting today at my home to review the status of the 9/11 War Crimes Tribunal.  One the one hand, we felt a momentary sadness that the folks at 9/11 Vancouver Hearings had decided to go down the path of fear, control, suspicion, and self-destruction it seems in the face of the Tribunal's assertion of its clear rights and responsibilities under the law of Tribunal of Conscience. As I wrote to their group email on September 27, 2012, the 9/11 War Crimes Tribunal is closing the books on the 9/11 Vancouver Hearings, and moving on with the business of our Tribunal.

“On the other hand, Judge Fogal and I felt reassured and encouraged that 9/11 witnesses of your ethics and caliber are moving forward with the Tribunal to secure investigation, prosecution, trial, conviction and sentencing of the principal 9/11 Accused.”

The Moret Affidavit: The U.K., French, and Canadian 9/11 connections

The Judge’s letter continues, “Leuren Moret's submission and affidavit is vital because it identifies key 9/11 Accused who are U.K., French and Canadian nationals and who appear to be members of an executive within an international war crimes racketeering organization that gave orders for 9/11, the ‘top’ of a pyramidal network, as it were. As U.K., French and Canadian nationals, these 9/11 Accused in turn provide the Article 12 jurisdiction for 9/11 before the International Criminal Court.  Ms. Moret's affidavit is able to build on the singularly important affidavit of our distinguished attorney whistleblower witness, former DARPA participant Andrew D. Basiago.”

Article 12 of the Rome Statue of the International Criminal Court (ICC) provides that one of the grounds for ICC jurisdiction is that the person accused of war crimes be a national of a state that is a party to the Rome Statute establishing the ICC.  The speakers who walked out of the 9/11 War Crimes Tribunal had mainly named 9/11 Accused who were USA or Israeli citizens, neither of whom are subject to ICC jurisdiction.

Judge Webre is in active coordination of prosecution of 9/11 Accused with Judge Fernando Imposimato, honorary President of the Supreme Court of Italy and former Chief Investigative Judge of Italy. Judge Imposimato recently announced he was launching a drive to prosecute key 9/11 Accused at the ICC.

The Basiago Affidavit: Circumventing an attempted suppression of 9/11 evidence

On February 23, 2012, Judge Webre approached the organizers of the planned June 15-17, 2012 conference with a proposal that former U.S. chrononaut Andrew D. Basiago be a speaker at the upcoming conference. Judge Webre stated, “In a word, we have a whistleblower from DARPA quantum access projects who is an eyewitness to DARPA/CIA possession of images of the controlled demolition of the twin towers on September 11, 2011 in 1971.  We have an eyewitness to Donald H. Rumsfeld's personal knowledge of these images in 1971, as defence liaison for this DARPA project to the 1971 Nixon Cabinet, of which he was a member. Need I remind you that Donald H. Rumsfeld is, by prima facie evidence, a prime suspect in the 9/11 false flag operation? (Please see [my] articles below).

“That eyewitness [Andrew D. Basiago] is a member of the bar of the state of Washington and a 10-year colleague of mine and of impeccable credentials, Andrew D. Basiago.  We both spoke at the 2009 Conspiracy Con, and have spoken at numerous US and international conferences and media on these issues.

“As long as you continue to gate-keep this evidence and information about 9/11 by keeping at least a presentation of this evidence from a public forum like The Vancouver Hearings, you are doing the public a great disservice, IMHO.”

Although Mr. Basiago was not invited to be a speaker at the June 15-17, 2012 conference, Judge Webre was invited to be a Judge on the 9/11 Tribunal and in his position as War Crimes Judge was asked to invite other distinguished jurists and public figures to join him on the 9/11 Tribunal.

June 22, 2012 Invitation for submissions

One of Judge Webre’s first acts on the 9/11 Tribunal following the June 15-17, 2012 conference was to send a June 22, 2012 invitation to all speakers and to additional 9/11 witnesses (as was the Tribunal's right) to submit written Evidentiary Submissions and sworn Affidavits that would form the basis of the Tribunal’s Indictment of 9/11 Accused.  The conference organizers, all 19 speakers, in addition to Leuren Moret and Andrew D. Basiago, received this invitation along with a Witness Docket listing everyone's names, email addresses and the September 22, 2012 date the invitation was sent.  In addition, Judge Webre notified the organizers at and after the conference that he would be so doing.

In early September 2012, when the 9/11 Vancouver Hearings organizers notified Judge Webre they intended to review the affidavit of Andrew D. Basiago before it could be admitted into evidence before the Tribunal, Judge Webre understood immediately that this was an effort by the conference organizers to usurp 9/11 Tribunal independence, and gate-keep vital forensic evidence about 9/11 from the Tribunal.

Therefore, as was is the prerogative of the 9/11 Tribunal, Judge Webre filed the Affidavit of Andrew D. Basiago into the Witness Docket and sent a courtesy copy to the conference organizer, thereby entering the Basiago Affidavit into evidence and circumventing an attempted suppression of 9/11 evidence by the conference organizers.

Legal implications of the 9/11 War Crimes Tribunal

Following the issuance of an 9/11 Tribunal Indictment against specific named individuals who allegedly participated in a common plan and conspiracy in the events of 9/11, there are multiple legal venues in which the criminal charges in the Indictment can be prosecuted and tried, and verdicts and judgments reached and enforced against the 9/11 Accused.

A. International law - The alleged crimes of the Accused in the Information and Indictment may be found to violate the Geneva Conventions of 1949 and constitute war crimes, genocide and crimes against humanity. At the June 15-17, 2012 9/11 Vancouver Hearings Judge Alfred Lambremont Webre stated, "The 9/11 false flag operations may qualify as a crime against peace, war crime, genocide, and crime against humanity, inter alia, if it can be demonstrated that the true intent of the 9/11 perpetrators was to carry out 9/11 as a pretext for invading Afghanistan, which invasion and war has been found to be genocidal because of the use of depleted uranium weapons and other reasons.  So the legal chain of culpability is there, under the Nuremberg precedents of a crime against peace and starting an unjust war.  The Tokyo Tribunal for War Crimes in Afghanistan, in an opinion by Judge Niloufer Bhagwat, found that U.S. President George W. Bush and his administration had committed war crimes, genocide, and crimes against humanity through the horrific birth defects and other widespread genetic and health damage cause to Afghan civilians through the U.S. use of depleted uranium weapons."

The 9/11 War Crimes Indictment can be taken by the 9/11 Tribunal to the national courts of any of the more than 100 nations, such as Germany and Spain, that are signatories to the Rome statue of the International Criminal Court (ICC) for prosecution and enforcement, as well as to the ICC itself. The chief prosecutor of the ICC, to the criticism of many throughout the world, has failed to act on over 400 complaints on war crimes in Iraq and in Afghanistan by US and UK forces, and has privately stated he will not take jurisdiction of 9/11.

Organization of American States - According to one source, "The Vancouver 9/11 Indictment can also be submitted to the Organization of American States (OAS) which might be an even better choice since it has the only international criminal court the U.S. has signed onto and the other OAS member countries may not be so biased in favor the U.S.  One attorney took the U.S. government as a defendant there to get an opinion on the fact that the US used Depleted Uranium weapons on hospitals in Granada during the U.S. attack on Granada.  She won and the U.S. had to rebuild all the hospitals they destroyed in Granada.  She never would have achieved that victory in any other international courts."

B. U.S. Congress - The 9/11 War Crimes Indictment can be taken by the 9/11 War Crimes Tribunal to the U.S. Senate and to the U.S. House of Representatives Judiciary Committee for the appointment of a Special Prosecutor to prosecute the Accused Treason under Article III of the U.S. Constitution, which provides, "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted." 

There is legal precedent for such an action.  In November 2007, a Memorandum was presented to senior Congressional staff and personally to Rep John Conyers, Chairman of the House Judiciary Committee setting out sufficient prima facie evidence of Article III (3) treason in connection with the events of 9/11 by George W. Bush, Richard B. Cheney, Donald H. Rumsfeld, and other Jane and John Does. Senior Congressional staff acknowledged the seriousness of the allegations in the Memorandum.  Rep. Conyers took the Memorandum home to Detroit, MI over the Thanksgiving 2007 holidays promising an answer as to whether he would move on the file after the Holidays.  To this date, no answer has been forthcoming from Rep. Conyers.

C. Canadian Parliament - There are various concurrent efforts to have the Parliament of Canada investigate the 9/11 events, as NORAD is a joint Canada/USA function and 26 Canadians were killed at the World Trade Center on 9/11. The 9/11 Vancouver Indictment can be taken by the 9/11 Vancouver Tribunal to members of Parliament and the Senate, including the Prime Minister and the Opposition Leaders in the Parliament of Canada to appoint a Public Inquiry to investigate and report on possible criminal violations by Canadian persons or U.S. persons, including U.S. government employees or contractors/agents, and other individuals flowing out of the 9/11 events.

D. Prosecution for murder - The 9/11 War Crimes Indictment can be taken by the 9/11 War Crimes Tribunal to any District attorney and/or U.S. Attorneys in the United States of America, and to any Public Prosecutors in other nations whose citizens were killed in the World Trade Center or the events of 9/11. The alleged Accused, Co-conspirators and persons acting in a common plan to cause, facilitate or support the events of September 11, 2001 can each be prosecuted for murder by a U.S. attorney, by a district attorney or by public prosecutors of a nation whose citizens were killed at the World Trade Center or in any aspect of the false flag operation on September 11, 2001.

E. 9/11 War Crimes Tribunal - The 9/11 War Crimes Tribunal can establish a formal Tribunal for a trial of the Accused under the 9/11 War Crimes Indictment. This trial would be heard by the 9/11 War Crimes Tribunal Judges, with appointed prosecutors, counsel for the Accused and due process for the Accused.  A sister tribunal of conscience, the Kuala Lumpur War Crimes Tribunal, has successfully tried George W. Bush, Tony Blair, Richard B. Cheney, Donald H. Rumsfeld, et al. for war crimes in Iraq.

9/11 War Crimes Tribunal

Judges on the 9/11 War Crimes Tribunal include Constance (Connie) Fogal, B.A, B.Ed, M.A., LL.B, and Alfred Lambremont Webre, JD, MEd.  Connie Fogal is former leader of the Canadian Action Party, former Vancouver Parks Board Commissioner, former Director, Kitsilano and Vancouver Community Resource boards; lawyer with the Defence of Canadian Liberty Committee to oppose what Fogal sees as threats to Canadian constitutional sovereignty. Alfred Lambremont Webre is a Judge on the Kuala Lumpur War Crimes Tribunal, submitted a Memorandum to the Chairman of the U.S. House of Representatives Judiciary Committee calling for the appointment of a special prosecutor to investigate 9/11 and was a co-architect of the Space Preservation Treaty.

Information:

9/11 War Crimes Tribunal
www.911warcrimestribunal.org

Contact the 9/11 War Crimes Tribunal
Email: tribunal@911warcrimestribunal.org

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Source: 911 War Crimes Tribunal