Category Archives: Uncategorized

SUPREME COURT OF MAINE SHOVES RES JUDICATA UP FANNIE MAE’S SKIRT

ONE-AND-DONE IN MAINE: In a rare sequence of judicial integrity regarding a foreclosure, starting at the trial court level and all the way through the Supreme Court Of Maine, that Supreme Court confirmed and enforced the law against a big quasi-governmental organization, Federal National Mortgage Association (aka Fannie Mae) and shoved the principal of res judicata up Fannie Mae’s “skirt”, declaring they blew their one-bite-at-the-apple and granted homeowners clean title to their house without any further obligation!

Opinion/Orders: http://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2017/17me190.pdf
Amicus Invitation: http://www.courts.maine.gov/maine_courts/supreme/amicus_invites/deschaine_notice.pdf
Fannie Mae Brief: http://www.courts.maine.gov/maine_courts/supreme/amicus_invites/deschaine_appellant_brief.pdf

MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2017 ME 190
Docket: Pen-16-316
Argued: May 12, 2017
Decided: September 7, 2017
Panel: ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

FEDERAL NATIONAL MORTGAGE ASSOCIATION
v.
PATRICIA W. DESCHAINE et al.

III. CONCLUSION
[¶37] In sum, based on the application of the principles articulated in
Johnson to the undisputed facts of this case, Fannie Mae’s 2013 foreclosure
complaint is barred by the judgment dismissing with prejudice its
2011 complaint. The court therefore did not err by granting the Deschaines’
motion for summary judgment on Fannie Mae’s foreclosure complaint.
Additionally, because Fannie Mae is precluded from seeking to recover the
underlying debt on the note, the court did not err by concluding, based on
14 M.R.S. § 6206, that the Deschaines were, as a matter of law, entitled to a
judgment declaring that they hold title to the Lincoln property unencumbered
by the mortgage in favor of Fannie Mae.

The entry is: Judgment affirmed.


A review and retrospect by Retired Anonymous Real Estate Lawyer:

“The facts of this case are unique.

When Fannie’s original suit was dismissed, the suit was dismissed with prejudice. Whether the decision was correct or not then became irrelevant when Fannie did not appeal the decision thus leaving every issue in the case determined against them. The key words were dismissal with prejudice. Dismissals with prejudice are RARE – ESPECIALLY against semi government agencies.

However, as Fannie, choose to not appeal the dismissal with prejudice all its rights were terminated including the rights under the underlying mortgage – this effectively the entire loan transaction from the chain of title etc.

In the situation wherein the mortgage for some reason is invalid, the underlying mortgage note is still valid and can still be enforced. It is good to see a Court actually enforcing the law against a quasi government agency. Do not expect this to happen too often.

The Florida land cases of the year 2005 et al, are cases that should be examined by law enforcement. (In fact many were, but it was not politically correct to address them honestly and candidly – it exposed not only rampant fraud by lending institutions but by government regulators)

To understand the law, one must read 15 USCA 1701 et seq. and realize that Florida has a long history of INTERSTATE LAND FRAUD. Indeed, it is legend *****.

Starting with the Nixon Administration the government became enamored of mass home ownership. During the Clinton Administration an effort was made by government regulators to obviate any financial criteria for obtaining a loan. Banks were encouraged to make loans to totally unqualified applicants and of course foreclosures were anticipated. Quasi government agencies recognizing that there was going to be a piper to be paid, cut back on sale of bundled mortgages as the investment community was more astute than the general public and actually read the prospective that was submitted with every investment.

The government regulators put more and more pressure on the Banks to make improper loans reasonably calculated to fail, and offered cash incentives. In addition clout heavy developers found that with the use of appraisals that were as accurate as three dollar bills they could not only get government funds, but, they could sell condominiums a 300=400% of value. Banks used various devices to address the worthless loans, but the most common was to bundle the mortgages and sell the bundle to the public. The Clinton SEC actually wrote me a letter telling me that they had no jurisdiction over these securities.

The hype in the condominium sales, especially in Florida, was incredible and people who should have known better were sucked into the fray with promises of unlimited profits. It is an embarrassment to indicate or even suggest the names of some of the victims. Almost zero percent employed attorneys in regard to their condominium investments.

Naturally the market collapsed – in Florida and California long before the rest of the US. The collapse of the market was not subtle, however, I received a flood of cases. As every purchase was less than a year old, we sent out mass rescissions as provided for in the act. The Banks became hysterical as did the developer. The FBI, the IRS, and FDIC joined in the fray; however, the Political elite became hysterical. Florida judges were ordered to ignore 15 USCA 1701 and its provisions and foreclosures commenced. The legal community was very unhappy but the honesty of the FBI, IRS, and FDIC agents made political correctness very difficult and 99% of my clients escaped the high handed collection methods employed by the criminals who populate the lending community, but, stories abound.

The politically correct political elite escaped and more frauds have occurred and are still occurring. It is nice to know that some judges (such as the judge who entered the dismissal with prejudice) have the integrity to remember the doctrine of UNCLEAN HANDS! (I spent years fighting these bastards)”
<END>

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–
The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Ocwen To Pay $1M For Force-Placed Insurance Problems

Ocwen’s problems with the 2014 settlement are not its only mortgage servicing issue. It also faces a separate suit from the Consumer Financial Protection Bureau and has agreed to other regulatory settlements in recent years.

Re-Blogged from www.law360.com

By Evan Weinberger Law360, New York (September 6, 2017, 5:53 PM EDT) — Ocwen Financial Corp. on Wednesday agreed to a $1 million penalty for failing to meet metrics related to the termination of force-placed insurance that was required under a 2014 national mortgage servicing settlement, according to court filings.

The West Palm Beach, Florida-based mortgage firm exceeded the maximum 5 percent error rate on a metric in the settlement that requires the firm to terminate certain force-placed insurance policies and refund prorated premiums within 15 days during the first quarter of 2017, according to a filing in the D.C. district court by state attorneys general charged with monitoring the settlement.

Ocwen reached a 6.54 percent error rate on so-called Metric 29 of the settlement in the first quarter of 2017, the court filing said.

Because the exceeded error rate came just after Ocwen wrapped up remediating similar problems with Metric 29 from 2015 when the problems arose in the first quarter of 2017, Ocwen is subject to the $1 million fine, the attorneys general said.

“Accordingly, because this fail occurred in the quarter immediately following implementation of the corrective action plan, this failure constitutes an uncured potential violation” and subjected Ocwen to a $1 million penalty, the filing said.

Ocwen, which first revealed the first-quarter problems in an Aug. 3 filing with the U.S. Securities and Exchange Commission, did not oppose the request for the $1 million sanction to be applied.

“As Ocwen disclosed in its most recent U.S. Securities and Exchange Commission Form 10-Q, Ocwen exceeded the applicable error threshold on one metric for the first quarter of 2017. As set forth in the monitoring committee’s motion and without agreeing with the monitoring committee’s allegations, Ocwen has agreed to pay $1 million to resolve this matter,” John Lovallo, a spokesman for the company, said.

While not originally a party to the $25 billion 2012 national mortgage settlement, Ocwen took over the servicing operations of Residential Capital LLC, Ally Financial Inc. and other former General Motors Co. lending units. In February 2014, Ocwen agreed to pay $2.1 billion in consumer relief and comply with the settlement’s servicing standards.

The firm has run into several problems with the settlement monitor, former North Carolina Banking Commissioner Joseph Smith, since agreeing to take part in the deal. Smith’s office filed a report on Aug. 25 outlining the problems at Ocwen.

Prior to exceeding the maximum error rate on Metric 29 in the first quarter of this year, Smith’s office cited Ocwen in September 2016 for failing two tests required under the settlement in the fourth quarter of 2015.

Testing was suspended at Ocwen for 2016 as it worked to fix those problems, and the company was subject to regular examinations beginning in the first quarter of this year.

The monitor’s office found problems with the force-placed insurance remediation test under that exam, according to the filing. The settlement mandates that any firm that has a problem in the first exam after being subject to an order to fix earlier problems be required to pay a $1 million penalty, according to the order.

The settlement monitor’s office could not be reached for comment Wednesday.

Ocwen’s problems with the 2014 settlement are not its only mortgage servicing issue. It also faces a separate suit from the Consumer Financial Protection Bureau and has agreed to other regulatory settlements in recent years.

The settlement monitoring committee is represented by Patrick Madigan of the Iowa Attorney General’s Office.

Ocwen is represented by J. Riley Key and Robert Richmond Maddox of Bradley Arant Boult Cummings LLP.

The case is Consumer Financial Protection Bureau et al v. Ocwen Financial Corporation et al, case number 1:13-cv-02025, in the U.S. District Court for the District of Columbia.

–Editing by Christine Chun.

Related Articles

Ocwen Not Fully Complying With Mortgage Settlement: Monitor

Ocwen Financial Corp. in the last half of 2014 failed part of its first full-portfolio compliance review following the $25 billion National Mortgage Settlement, the monitor overseeing the deal told a D.C. federal court Thursday.

Read Full Article

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–
The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

SCOTUS To Hear If Dodd-Frank Protections Require SEC Reporting

Certiorari granted by SCOTUS to resolve question of whether a “whistle-blower” must report wrongdoings both internally in his organization and externally to the SEC to have legal protections against retaliation.

Case: Digital Realty Trust Inc. v. Paul Somers, case number 16-1276, at SCOTUS

re-blogged from Law360.com

Law360, New York (September 1, 2017, 7:00 PM EDT) — Several business and trade groups have submitted friend-of-the-court briefs telling the U.S. Supreme Court that whistleblowers must report to the U.S. Securities and Exchange Commission to be protected from retaliation under Dodd-Frank, saying Congress intentionally set narrow protections.

The U.S. Chamber of Commerce, the Cato Institute and several other groups filed amicus briefs in support of Digital Realty Trust Inc.’s appeal of a Ninth Circuit decision finding a former executive can bring claims under the Dodd-Frank Act’s whistleblower anti-retaliation provision even though he didn’t report suspected securities law violations to the SEC.

The briefs, submitted on Wednesday and Thursday, argued that because the act defines “whistleblower” as someone who reports to the SEC, a provision prohibiting employers from retaliating against employees who make disclosures that are required or protected by the Sarbanes-Oxley Act only applies to employees who have reported both internally and to the SEC.

“The interpretation of the Dodd-Frank Act espoused by the Ninth Circuit in this case would greatly expand the number of employees authorized to pursue the enhanced remedies of the act, and the period of time in which they may sue for alleged retaliation, without yielding the law-enforcement benefits Congress intended when it enacted a ‘bounty’ and heightened protections for persons who complain to the SEC,” the U.S. Chamber of Commerce said in its brief.

The Supreme Court accepted Digital Realty’s petition for writ of certiorari in June, agreeing to review a Ninth Circuit opinion that revived former Digital Realty executive Paul Somers’ claims he was terminated based on false allegations of misconduct after he complained to senior management that a senior vice president had eliminated some internal corporate controls in violation of Sarbanes-Oxley.

A split panel of the appellate court ruled that Dodd-Frank’s whistleblower anti-retaliation provision “unambiguously and expressly protects” both those who report to the SEC and internal whistleblowers.

The provision in question, subdivision (iii) of Section 21F of Dodd-Frank, prohibits employers from discharging or discriminating against a whistleblower who makes disclosures that are required or protected by Sarbanes-Oxley.

Digital Realty filed its opening brief in mid-August, arguing that the Ninth Circuit and the SEC had adopted a definition of whistleblower more expansive than what Congress intended and diminished the role of the Sarbanes-Oxley Act’s parallel whistleblower regime.

The amicus briefs expanded on those points, as several groups argued that Congress meant to limit the anti-retaliation protections to SEC whistleblowers in order to encourage would-be tipsters to report suspected fraud to the agency.

Several of the briefs, including one submitted by the New England Legal Foundation and Associated Industries of Massachusetts, noted that Congress explicitly extended anti-retaliation protections to “employees” in both Sarbanes-Oxley and in the Dodd-Frank section creating the Consumer Financial Protection Bureau, but intentionally used “whistleblower” in the provision at issue.

“Dodd-Frank’s incentives and remedies are not severable from each other. Instead, they go hand in hand,” the New England Legal Foundation said. “And they are only available to the employee who has earned them both, by reporting information to the SEC.”

Applying Dodd-Frank’s protections to internal whistleblowers would also burden employers, the Center for Workplace Compliance argued, by making it more likely companies will have to simultaneously defend allegations in multiple forums.

A representative for the CWC, Jamie Novikoff of NT Lakis LLP, told Law360 on Friday that the issue of who is considered a whistleblower under Dodd-Frank has “significant legal and practical implications for our members.”

“Permitting an employee who only complained internally (but not to the SEC) of suspected corporate misconduct to access the enhanced remedies available under Dodd-Frank, could (among other things) embroil his employer in simultaneous SEC and OSHA investigations,” Novikoff said.

A brief submitted by Lime Energy Services Co. and Prestige Cruises International, both of which are battling Dodd-Frank retaliation claims from former employees who had not reported to the SEC, said the Ninth Circuit’s decision leaves companies vulnerable under Dodd-Frank’s long statute of limitations, which extends up to 10 years.

Lime pointed to a suit brought by a former employee two years after she was terminated, now stayed by a New Jersey federal judge, saying the claims serve “as an object lesson in how dilatory, opportunistic plaintiffs are incentivized by the decision below and decisions like it.”

The Cato Institute argued that the SEC’s own rule, which holds that the Dodd-Frank protections do apply to internal whistleblowers, is not entitled to Chevron deference because the agency did not give any notice in its rule proposal that it might include internal whistleblowers. By expanding its interpretation in the final rule without indicating it would do so, the brief said, the agency violated the Administrative Procedure Act.

The Cato Institute also nodded to some court members’ distrust of the “modern administrative state,” citing concurring opinions written by Justices Clarence Thomas and Neil Gorsuch, and suggested that the high court enforce the notice-and-comment protections of the APA as “one of the most fundamental protections the people have against an overreaching executive.”

A representative for Digital Realty declined to comment. Representatives for the remaining parties did not immediately respond to requests for comment.

Digital Realty is represented by Kannon K. Shanmugam, Amy Mason Saharia, A. Joshua Podoll and Meng Jia Yang of Williams & Connolly LLP and by Brian T. Ashe, Kiran A. Seldon, Shireen Y. Wetmore and Kyle A. Petersen of Seyfarth Shaw LLP.

Somers is represented by Peter K. Stris, Brendan S. Maher, Daniel L. Geyser and Douglas D. Geyser of Stris & Maher LLP and Stephen F. Henry of Stephen F. Henry Esq.

The Cato Institute is represented in-house by Ilya Shapiro and Frank Garrison. The U.S. Chamber of Commerce is represented by Steven J. Pearlman and Edward C. Young of Proskauer Rose LLP and in-house by Kate Comerford Todd, Steve P. Lehotsky and Janet Galeria. The NELF and AIM are represented by Benjamin G. Robbins and Martin J. Newhouse of NELF. The Center for Workforce Compliance is represented by Rae T. Vann and Jamie L. Novikoff of NT Lakis LLP. Lime Energy Services Co. is represented by Collin O’Connor Udell, Richard J. Cino and Joseph C. Toris of Jackson Lewis PC. Prestige Cruises International is represented by Kristen M. Fiore and Arlene K. Kline of Akerman LLP.

The case is Digital Realty Trust Inc. v. Paul Somers, case number 16-1276, at the Supreme Court of the United States.

–Editing by Rebecca Flanagan.

Related Articles

9th Circ. Expanded Whistleblower Protections, Justices Told

By Carmen Germaine Aug 25, 2017
Digital Realty Trust Inc. told the U.S. Supreme Court on Thursday that the Ninth Circuit erred in finding the Dodd-Frank Act protects whistleblowers who haven’t reported to the U.S. Securities and Exchange Commission, arguing the appellate court flouted Congressional intentions.
Read Full Article

Employers May Regret Forcing Dodd-Frank Whistleblower Test

By Carmen Germaine Jun 27, 2017
While the U.S. Supreme Court may take a narrow view of the Dodd-Frank Act’s protections for whistleblowers by limiting them to those who report violations to the SEC, experts say such a decision could be a “Pyrrhic victory” for employers, as employees who would otherwise report violations internally may be forced into the agency’s arms.
Read Full Article

Justices To Resolve Split Over Dodd-Frank Whistleblowers

By Carmen Germaine Jun 26, 2017
The U.S. Supreme Court on Monday agreed to review whether the Dodd-Frank Act prohibits retaliation against internal whistleblowers who haven’t reported concerns about securities law violations to the U.S. Securities and Exchange Commission, agreeing to consider an issue that has divided appellate courts.
Read Full Article

Whistleblower, Digital Realty Disagree Over High Court Review

By Carmen Germaine Jun 06, 2017
A former Digital Realty Trust Inc. executive has told the U.S. Supreme Court it doesn’t need to review whether the Dodd-Frank Act protects internal whistleblowers like himself who haven’t reported to the U.S. Securities and Exchange Commission, while Digital Realty maintains the case is ripe in light of a circuit conflict.
Read Full Article

High Court Asked To Review Dodd-Frank Whistleblower Rule

By Carmen Germaine Apr 27, 2017
Digital Realty Trust Inc. asked the U.S. Supreme Court on Tuesday to review a Ninth Circuit opinion finding the Dodd-Frank Act protects whistleblowers who haven’t yet reported to the U.S. Securities and Exchange Commission, saying its case presents an optimal vehicle to resolve a circuit split.
Read Full Article


Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————

Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final

———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.


Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Monitronics To Pay $28M To End TCPA Robocall MDL

Law360, New York (September 1, 2017, 4:05 PM EDT) — Monitronics International Inc. told a West Virginia federal court on Thursday that it has agreed to pay $28 million to settle multidistrict litigation accusing the company of violating the Telephone Consumer Protection Act by autodialing consumers to peddle home security devices.

re-blogged from https://www.law360.com/articles/959979?scroll=1

Monitronics, a security alarm monitoring company, and several alarm manufacturers were accused of violating the TCPA by using automated telephone dialing systems and calling numbers listed on the Do Not Call Registry to plug products from Monitronics and Honeywell. Consumers said that the company was vicariously liable for calls placed by its authorized dealers and their subdealers and vendors.

If approved by the court, the settlement would release Monitronics from all claims related to telemarketing calls, though not to those related to debt collection calls. The settlement does not apply to the other defendants in the litigation, including Alliance Security Inc., UTC Fire & Security Inc., Honeywell or Alarm.com, according to court documents.

The proposed settlement, which was factored on the basis that Monitronics’ insurer disputed whether its policy covered TCPA claims, includes a $13.18 million fund to pay cash awards to the settlement class, $9.33 million for attorneys’ fees and $4.77 million in costs associated with administering the agreement. The remainder includes payouts to the lead plaintiffs and other fees. 

“Plaintiffs steadfastly advocated for substantial settlement relief, but at the same time were pragmatic about Monitronics’ ability to pay a large judgment in excess of insurance proceeds,” the proposed settlement states. “Plaintiffs also were well aware of the risks they faced if they continued to litigate, particularly the risk that they would lose on summary judgment.”

Attorneys for the consumers estimate they have contact information for roughly half of the 7.8 million individuals who received calls. Each class member is expected to earn $12-$25 each, according to the terms of the settlement. While the figure appears low, Monitronics argued that the amount was reasonable when weighed against the costs and fees associated with any individual class member trying to stake it out on their own.

Diana Mey sued Monitronics and Honeywell in West Virginia state court in 2011, and the suit was removed to federal court later that year and eventually transferred into multidistrict litigation along with several others in 2013. The suit has since grown to include more than 30 actions, according to court documents.

The company began negotiations in December 2016, although the parties could not come to terms at the time. After the court granted summary judgment in favor of UTC and Honeywell in January, negotiations began in earnest, and the parties resumed mediation in June. Throughout the negotiations, Monitronics insurers claimed that various policy provisions barred coverage, policies scrutinized by consumers. Consumers challenged Honeywell and UTC’s quick win with the Fourth Circuit in February, according to court documents.

The proposed settlement class consists of consumers who, starting in May 2007 and going to the date when the settlement is approved, received a telemarketing call from Monitronics or an affiliate on a number registered on the national do not call list. As the court had dismissed claims against two of the companies in the suit, Monitronics said the settlement was fair given the risks consumers faced taking the case any further.

Counsel and representatives for the parties did not immediately return requests for comment Friday.

Monitronics is represented by Jeffrey A. Holmstrand of Grove Holmstrand & Delk PLLC, Benjamen Dyer and Margaret Carlson of Culp & Dyer LLP and Meryl C. Maneker of Wilson Turner Kosmo LLP.

The consumers are represented by Jonathan R. Marshall and John W. Barrett of Bailey & Glasser LLP, and Beth E. Terrell and Mary B. Reiten of Terrell Marshall Law Group PLLC.

The case is Monitronics International Inc., Telephone Consumer Protection Act Litigation, case number 1:13-md-02493, in the U.S. District Court for the Northern District of West Virginia.

— Additional reporting by Stephen Trader. Editing by Emily Kokoll.. Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–
The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

NYC mayor signs law promising lawyers to low-income tenants facing eviction

It’s official: NYC mayor signs law promising lawyers to low-income tenants facing eviction – Mayor expresses hope the change will spread

Re-blogged from Housingwire.com

New York City made it official – low-income tenants will now have a right to legal representation when facing eviction, effective immediately.

Friday, NYC Mayor Bill de Blasio signed a bill into law [pictured below], becoming the first city in the U.S. to state that low-income families, those whose households make less than $50,000 per year, have access to lawyers when they receive an eviction notice.

The city held an event called No Tenant Stands Alone in which the mayor addressed city residents about the bill.

“We are here to make sure that good family does not end up in a shelter when they could be staying in an apartment,” de Blasio said.

On July 20th, the New York City Council voted overwhelmingly to approve legislation that would provide legal counsel to all residents facing eviction in some form.

The mayor also took a shot at President Donald Trump during his speech, criticizing the president’s Twitter usage.

“You may not understand the tweet today that came from the white house, you may not be able to follow what they’re doing in Congress each day because it seems to change every hour,” de Basio said. “But guess what? You can do something right where you live to create better laws, to create more fairness, to create a society for everyone. That’s what we’re doing here in New York City.”

He also expressed his hope that this bill will spread into other cities and even other states.

“When you do something like this, it starts to spread,” de Basio said, saying tenants now have hope when they receive an eviction notice. “The next thing they’re going to do is they’re going to call 3-1-1 and they’re going to get a lawyer to defend them. It’s as simple as that.”

This new law quickly received support from advocacy groups in the city, and talk already began among other cities to follow New York City’s example.

“It’s impossible to overstate the significance of this on a national level,” said John Pollock, Coordinator of the National Coalition for a Civil Right to Counsel, which worked with the Right to Counsel NYC Coalition. “New York City has broken the ice on a right to counsel in housing cases, and now we’re hearing lots of other cities and states saying they want to be next.”

During his speech, de Basio explained the bill will send a message to landlords: Don’t even try to illegal evict a tenant. The mayor explained that while previously, landlords had lawyer and could do anything they wanted. “The game was rigged, and families suffered,” he said.

He even read a summary of the bill in [broken] Spanish. “Estoy firmando una ley para todos los New Yorkinos tengan acceso a asistencia legal. Así vamos a tener mas proteccion de desalojos ilegales, y vamos a evitar que mas familias pierden sus hogares. Los New Yorkinos en peligro de desalojo pueden pedir asistencia legal llamando a 3-1-1.”

New York City Council Speaker Melissa Mark Viverito, council member Mark Levine, council member Vanessa Gibson and Bronx Borough President Ruben Diaz Jr. also explained the new law and its implications in Spanish.

Public advocate Letitia James gave an Oprah Winfrey impression as she shouted, “You get a lawyer and you get and lawyer and you get a lawyer.”

However, Diaz cautioned that while everyone is now getting a lawyer, this doesn’t guarantee a favorable outcome for all tenants, but rather, would even the playing fields.

“This is a huge victory for fundamental human and civil rights at a time when those rights are under attack,” said Randy Dillard, a tenant leader at Community Action for Safe Apartments and a leading advocate for a right to counsel since 2013. “For low-income families, keeping their home is as consequential as it gets.”

“For the first time, New York City’s low-income tenants facing eviction will be treated with the dignity and respect they deserve and will have a fighting chance to stay in their homes and communities,” Dillard said.

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————

Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final

———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.


Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Fannie, Freddie fail Dodd-Frank severe stress test

Fannie, Freddie fail Dodd-Frank severe stress test – Would need nearly $100 billion bailout in economic adversity

August 7, 2017 Kelsey Ramírez

Original Here

money government concept

The Federal Housing Finance Agency released the latest results of the Dodd-Frank Act stress test results for Fannie Mae and Freddie Mac.

Both of the GSEs failed the test, showing they would need a bailout in the event of a severe economic crisis, the stress test results showed.

The 2017 DFAST Severely Adverse scenario is based upon a severe global recession which is accompanied by a period of elevated stress in corporate financial and commercial real estate markets.

The stress test results showed the GSEs would require an additional combined $34.8 and $99.6 billion. While they would still need a bailout, this is an improvement from last year’s $125.8 billion.

Through the second quarter this year, Fannie Mae paid out a total $162.7 billion to the U.S. Treasury, while Freddie Mac paid out a total of $108.2 billion during that same time period.

An article from MarketWatch explains the scenario the stress tests creates:

Under the hypothetical scenario, a severe global recession with “elevated stress” in corporate financial and commercial real estate markets plays out over nine quarters from 2017 to early 2019. GDP would decline as much as 6.50%, unemployment would peak at 10%, and consumer price inflation would decline to about 1.25%.

Additionally, equity prices would decline about 50% even as volatility picks up. Home prices would fall by 25%, and commercial real estate prices by 35%.

see also:
Fannie Mae, Freddie Mac would need another bailout in severe economic crisis

House committee considers bill to open records at Fannie Mae and Freddie Mac

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Altisource Solutions, Inc. an International Pirate

Altisource Solutions, Inc. – A “Robinhood” for the Rich!

According to the current Bloomberg listing:

“Altisource Solutions, Inc. provides real estate disposition services, closing services, and mortgage servicing offerings that include residential real estate owned (REO) asset management operations. The company provides lenders and servicers with a full suite of services for managing their REO portfolios, ranging from pre-marketing through asset sale, including property valuation, property preservation, property management, marketing, asset disposition and closing. The company was incorporated in 2009 and is based in Atlanta, Georgia. Altisource Solutions, Inc. does not have any Key Executives recorded. Altisource Solutions, Inc. operates as a subsidiary of Altisource Portfolio Solutions S.A.

Altisource Solutions, Inc. appears to be a frontispiece for the Luxembourgois Corporation “Altisource Solutions S.A.” located at 40 Avenue Monterey, L-2163 Luxembourg, Luxembourg.  That’s where all the officers can be found, not in America.

Evidently the Better Business Bureau of Atlanta, Georgia feel that Altisource Solutions Inc. is a “Pillar of the Community” with an A+ rating. (strange bedfellows?)  Yet, how do they get to keep an A+ BBB rating when the only comments on the Atlanta BBB site are 2 negative customer reviews an 72 unresolved registered complaints? If you read some of the reviews and complaints – you can see how having an internationally absent executive staff impacts ordinary people trying to do business with them. We bet that if you are a bank or servicer, you’ll get a free pedicure with every phone call -LOL.

The BBB names
Mr. John Vella as President/CEO and Ms. Jacqueline Marcucci as Director of Customer Service. (Try to remember their real customers are banks and servicing companies not scrawny creatures like you.) However, Altisource’s own website makes no mention of John Vella as CEO… Rather it shows William B. Shepro as CEO, the hand picked successor by Altisource founder William Charles Erbey – also of OCWEN de-fame – who remains a fugitive of US law enforcement in Malta. See how easy it is to create fake perceived realities on the internet?

On to our meat and potatoes (or tofu & potatoes for our vegan pals):

1) Altisource Solutions Inc., registered in Delaware (go to DE SOS and type in File Number 4665143), is an independent private corporation and is not a federal or state banking association franchisee under alternative control of Illinois or federal banking regulations or the Comptroller of Currency – therefore has no protections or exemptions afforded by law to banks.

2) The Illinois Business Corporation Act of 1983 (“BCA”) (805 ILCS 5 et. seq.) requires all foreign businesses doing business in Illinois to obtain and hold a valid registration with the Illinois Secretary of State and establish and keep current an Illinois based registered corporate agent for service of process and other matters. Altisource Solutions Inc. has never registered with the Illinois Secretary of State under the BCA nor has ever established or maintained an Illinois based registered corporate agent.

3) Under Illinois law, (225 ILCS 454, et. seq and others) the services which Altisource Solutions Inc. state they actively perform in Illinois, including but not limited to a) real estate disposition services, b) closing services, and c) mortgage servicing offerings that include residential real estate owned (REO) asset management operations, each and all require licensing and administration in Illinois by the Division of Real Estate of the Illinois Department of Financial and Professional Regulation (“IDFPR”). Altisource Solutions Inc. has never applied for or been issued such license and continues to perform these acts without and in defiance of Illinois law.

4) In fact, according to the corporate records of the Illinois Secretary of State, no Altisource named entity performing the types of business services cited by Altisource Solutions Inc., much less Altisource Solutions Inc. or their foreign parent corporation Altisource Solutions S.A. themselves, has ever been lawfully registered under the BCA.

5) In fact, according to the records of the IDFPR, no Altisource named entity performing the types of business services cited by Altisource Solutions Inc., much less Altisource Solutions Inc. or their foreign parent corporation Altisource Solutions S.A. themselves, has ever been lawfully registered with the IDFPR.

6) In addition, there are numerous Cook County and City of Chicago ordinances requiring registration of ANY outfit doing business in the county or city – which we won’t go into now but you are free to research.

7) In fact, Altisource Solutions Inc. has performed numerous removals of Illinois citizens and their personal property from their homes, with or without foreclosure, acting under agreements with servicers like their sister company OCWEN Loan Servicing, LLC (recently was given an ORDER TO CEASE AND DESIST AND PLACING LICENSES ON PROBATION by the IDFPR), and the like, since their creation in 2009, unlawfully dispossessing People and disposing of hundreds of thousands of dollars of Illinois citizens’ personal property – some irreplaceable memories and family heirlooms and treasures, even cremation remains!

8) In summary, we can only conclude that Altisource Solutions Inc. is an interstate, international PIRATE “breaching the close” (crossing the threshold) of the State of Illinois to unlawfully enrich themselves by taking the wealth and property from the People of Illinois without returning anything, in total defiance of our laws. The legislature, courts and administrative officials of Illinois must put a stop to this immediately. If Altisource Solutions Inc. wants to profit on the backs of the People of Illinois, then at least force them to play by the same rules as all other respectful businesses and corporations who mind our laws.

Please write your governor, legislators, aldermen, talk show hosts and media outlets to help stop this.

Thank you!

Greg da’ Goose

P.S. If someone can prove we’re wrong, please show us and we’ll apologize.

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Proposed Chicago Homeless Housesitter Program (CHH)

How we might salve two open wounds by applying them to each other…

To the Honorable Aldermen and Mayor of the Great City of Chicago

June 20, 2017

How can we morally as a civil society allow these two images to exist side-by-side?
Image result for homeless familyImage result for chicago gold coast

An open proposal for the establishment of the

“Chicago Homeless Housesitter Program”

In the interest of addressing two of the most important issues facing our inner city communities 1) homes left vacant and unsupervised by banks after foreclosure and 2) rising homelessness amongst Chicago’s poor and minority residents, we propose this “Chicago Homeless Housesitter” Program (CHH).

It is well known that banks frequently leave homes vacant and uncared for after foreclosures, leaving a blight on the community and creating havens for drug dealers, prostitutes and other criminals. The sheer number of homes left in this state has made it unmanageable for real estate service companies to timely control, supervise or maintain these properties, leaving them open to unqualified squatters with no concern for their upkeep and possible added dangers to their neighbors, and a drain on our Police.

It is also well known that Chicago’s poor and minority citizens have been hardest hit by the foreclosure crisis, leaving them to rely heavily on the welfare infrastructure of the city, county and state, which is already stressed to the breaking point by lack of funding and facilities to accommodate these displaced Chicagoans. Many are good families with no history of abuse or gangs, and are employed, yet under employed so that they are caught between opportunity to rebuild their lives and the adequate resources to accomplish it.

While some may consider this proposal a violation of property rights against the banks to do as they see fit with the property they now control, it is well established that according to Chicago zoning laws established by this council to protect the community at large from property owners who by act or neglect, put their neighbors and community at large at unnecessary or statutory risk, that it is well within the legal authority for this Council to establish further zoning laws and ordinances which better defend the community against such risks.

The banks may choose if they would like to participate in this program, or would rather have us determine that the property is abandoned and just take it under our own zoning foreclosure action, or perhaps eminent domain.🙂

Housesitters will be selected from applicants. Applicants will supply details, waivers, acknowledgments and affidavits as determined by this Council. The status of “Housesitter” is not a right, but rather a privilege bestowed upon the party by this Council with consent of the bank/owner. The entire program will be funded by the bank/owner.

The selected “Housesitter” will be paid $1,000 per month by the bank for their service. The selected “Housesitter” will be responsible for establishing accounts with the local utility providers and maintain the property with such care as one who was the owner. If the selected “Housesitter” has difficulty in establishing accounts with said providers because of past credit problems, the City of Chicago will guarantee the account(s). This will allow the “Housesitter” the opportunity to reestablish their public credit record, and prepare themselves for their return to the status of a valued citizen/taxpayer, and maybe even homeowner again.

The bank will be responsible for material upkeep for safety and usability of the property (roof, exterior, plumbing, heating/cooling devices, driveway concrete, fences, stairs, etc.).

There will be stringent rules, including random inspections by the City of Chicago Public Health Dept.  or Police Dept. to confirm and assure that no illicit activity (drugs, gangs, abuse, etc.) is occurring within the property. Housesitter’s failure to report a crime within 24 hours observed or known to have occurred on the property is also a violation of the terms. Mandatory active participation in the local CAPS organization is required. Any violation of the rules will result in immediate removal from the property (pending one binding, non-appealable administrative hearing).

Upon such time that the bank/owner has arranged for the sale or transfer of the property to an innocent third party purchaser which will occupy the property as their primary residence, such bank/owner will notice the “Housesitter” by personal service that they have 90 days to relocate to another place of residence. If said bank/owner has another available property qualified to House sit, Housesitter will be given priority status to relocate to such property, with transfer of utility accounts being guaranteed.

Housesitter has no right of claim to reimbursement or payment for any improvements left behind (including gardens and their fruits) on any property, but are free to take with any such non-affixed appurtenance.

————————

Obviously, many more considerations might be construed such as the homeless elderly on Social Security, the partially handicapped, etc. However, while this is not a fully vetted proposal, I believe this is enough of a starting point to stimulate your legislative creativity as to how such a program might work for the City of Chicago and its citizens/victims of “The Great Collapse”, and yes, even the banks who contributed to the mess. Please embrace this program as an additional leg upon which we might stand to help put Chicago back on track with being the greatest city in America, again.

I leave it in your and God’s hands. Please let me know if I can help.

Respectfully submitted,

greg groeper aka Greg da’ Goose
dakin street, chicago
email: thegallantgoose@gmail.com
www.gallantgoose.com

Note to readers: Feel free to forward to anyone you think can help make a difference.

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————

Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final

———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.


Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

14 Years In Prison For Man Who Rented Out Beverly Homes He Didn’t Own

Ongoing Message: When People mess with the Banks: Go to Prison – When Banks mess with the People: Get a Pass

OK Folks, this modern “Robin Hood” certainly took the law into his own hands, but at whose harm? 14 years in prison seems pretty stiff for “matchmaking” homeless people with homes left vacant by banks aggressively foreclosing on poor/minority homeowners. The banks leave these houses empty and un-cared for – forming a blight on the community, places for drug dealers and other criminals to hide, and lowering neighboring property values. As the article states, these “squatters” cleaned up the properties, decorated them, planted gardens, mowed the lawn and kept dangerous riff-raff away.

Perhaps the banks should be paying them as “house-sitters”; not expelling them or putting them in prison.

While this man’s activities showed the desperation of many people caught in the financial meat-grinder of the modern banking era, it should be noted that not one man or woman working for the banks which have been found guilty by the government for the “great economic collapse” and all the contributing frauds, have ever been indicted or gone to prison for their criminal deeds. Instead, they all got a pass in exchange for their companies signing consent decrees and paying-off the government Billions and Billions of Dollars.

Seem unfair? Sure! So while this man may have gone a bit far to make that point – his message should not be lost on us. Maybe we ought to get our Congress & Attorneys General to stop protecting criminals with “Big Bucks” while convicting little guys with a “Big Dream” of “equal justice and protection under the law”?

Ya’ know – like the way that “annoying little document” called the US Constitution says its supposed to be!

Greg da’ Goose

Re-blogged from www.dnainfo.com/chicago/

By  Howard Ludwig and Erica Demarest | May 23, 2017

 David Farr              (right), 47, of Englewood was sentenced Monday to 14 years              in prison by Cook County Judge Alfredo Maldonado. Farr was              found guilty of a scheme where he took over vacant homes in              the Beverly and Morgan Park neighborhoods. He then served as              a type of landlord to renters who were illegally squatting              in the houses.

Shutterstock/Chicago Police Department

BEVERLY — One of the ringleaders behind a plot to illegally rent houses they did not own in Beverly and Morgan Park was sentenced Monday to 14 years in prison, according to court records.

Cook County Judge Alfredo Maldonado handed down the sentence to David Farr, 47, of Englewood. He was found guilty Sept. 30 of theft, financial institution fraud and continuing a financial crimes enterprise.

Farr — who also goes by Fahim Ali, Jalani Ali and Sekou Ali — must serve at least seven years before he becomes eligible for parole. He was credited with serving nearly two years in Cook County Jail while awaiting trial, court records show.

“This sentence sends a strong message to those who would seek to commit crimes in our community,” Ald. Matt O’Shea (19th) said Tuesday afternoon in an email to constituents.

Farr was found guilty of a scheme that dates to 2012 involving dozens of homes on the Far Southwest Side. Others involved in the plot include Torrez Moore, Raymond Trimble and Trimble’s son, Arshad Thomas.

Moore, 57, was convicted in Oct. 22 of theft, financial institution fraud and continuing a financial crimes enterprise. He has not yet been sentenced, and his next court date is June 26, court records show.

Trimble pleaded guilty to theft in December and received a four-year prison sentence. He was credited with serving more than a year in Cook County Jail while awaiting trial and his expected parole date is Dec. 5.

His son, Arshad Thomas, 27, took a plea deal in March 15 and was sentenced to 45 months in prison. He is expected to be released on parole June 16, according to state records.

Prosecutors during the trial said that Moore and Farr consider themselves Sovereigns or Moors and thus do not recognize the U.S. government. As a part of this belief, they also think banks should not be allowed to own homes.

Armed with this theory, Farr filed paperwork with the Cook County Recorder of Deeds Office. Those involved in the plot would then break into the homes, change the locks and post “No Trespassing” signs.

Other squatters then moved into the homes, and some paid rent to the men behind the scheme. A few of the illegal tenants even went as far as planting flowers outside the homes they were illegally occupying and signing up for utilities, O’Shea said.

“We should not be arrested, or even put in jail, for beautifying vacant properties across the city,” Farr told a judge on July 22, 2015.

Then-Cook County State’s Attorney Anita Alvarez said during the trial most of the renters knew they were living in these homes illegally. And many refused to leave when police asked them to, prosecutors said.

O’Shea said the investigation was prompted by complaints from area residents who noticed suspicious activities in the houses, many of which were unoccupied after going into foreclosure.

“I’d like to thank the Federal Bureau of Investigation, Cook County State’s Attorney’s Office and the Chicago Police Department‘s Financial Crimes Unit for their ongoing efforts on this case. Working together, we can keep our community strong and safe for the future,” O’Shea said.


Read original article here

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————

Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final

———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.


Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Feds indict “mastermind” of foreclosure scam that bilked $7 million from struggling borrowers

Ongoing Message: When People mess with the Banks: Get indicted – When Banks mess with the People: Get a Pass

Re-Blogged from Housingwire.com

Gavel money
Man charged with 11 counts relating to bankruptcy fraud

June 19, 2017 Ben Lane


A California man stands accused of leading a foreclosure-avoidance scam that preyed on struggling borrowers to the tune of $7 million in ill-gotten gains.

According to the U.S. Attorney’s Office for the Central District of California, Michael “Mickey” Henschel was arrested last week and charged with 11 counts related to the foreclosure scam.

Per the details of his indictment, Henschel owned a Van Nuys-based company that operated under several names, including Valueline. But the company didn’t operate by legitimate means, the indictment alleges. Instead, Henschel is the alleged “mastermind” of a foreclosure scam.

Through that business, Henschel and several co-conspirators allegedly marketed illegal foreclosure- and eviction-delay services to homeowners in default on their mortgages and renters who were facing eviction.

As part of the scheme, Henschel and his co-conspirators allegedly convinced homeowners to sign fake grant deeds that supposedly showed that the homeowners conveyed an interest in their properties to fictional third parties.

Henschel and his co-conspirators then allegedly filed bankruptcies in the names of fake people to trigger the automatic stay provision of the Bankruptcy Code, which halted the foreclosure sales.

Henschel also allegedly used a similar method to delay evictions, filing fraudulent documents in state eviction actions and sending similar documents to sheriff’s offices.

For his “services,” Henschel allegedly charged some homeowners large fees before agreeing to clear the title to their properties, in addition to the monthly fees paid for the illegal services.

All in all, during the course of the scheme, which ran from October 2010 through July 2013, Henschel and his co-conspirators allegedly collected more than $7 million for the illegal actions.

Henschel stands charged with one count of conspiracy, eight counts of bankruptcy fraud and two counts of wire fraud.

If convicted of the charges, Henschel would face a statutory maximum sentence of five years in federal prison for each of the conspiracy and bankruptcy fraud counts, while the two wire fraud counts carry a statutory maximum sentence of 20 years.

At his arraignment, Henschel entered a plea of not guilty. His trial is scheduled for Aug. 8, 2017.

Read Original article here

Also of interest: AIG breaks into mortgage securitization big-time with high quality first offering

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————

Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final

———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.


Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Happy Father’s Day – now read the attached and cry or spit nails with the rest of us…

Distribution of trust principal (res) in a further trust

Happy Father’s Day – now read the attached and cry or spit nails with the rest of us…
what f-ing legislature thought this was good for The People?
IMHO – I would not be upset if Illinois Speaker Mike Madigan went to sleep with the fishes (or became Blago’s cellmate)…
greg da’ goose

“A power to distribute principal that includes purposes such as best interests, welfare, or happiness shall constitute absolute discretion.”

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=076000050K16.4

(760 ILCS 5/16.4)
    Sec. 16.4. Distribution of trust principal in further trust.
    (a) Definitions. In this Section:
    “Absolute discretion” means the right to distribute principal that is not limited or modified in any manner to or for the benefit of one or more beneficiaries of the trust, whether or not the term “absolute” is used. A power to distribute principal that includes purposes such as best interests, welfare, or happiness shall constitute absolute discretion.
    “Authorized trustee” means an entity or individual, other than the settlor, who has authority under the terms of the first trust to distribute the principal of the trust for the benefit of one or more current beneficiaries.
    “Code” means the United States Internal Revenue Code of 1986, as amended from time to time, including corresponding provisions of subsequent internal revenue laws and corresponding provisions of State law.
    “Current beneficiary” means a person who is currently receiving or eligible to receive a distribution of principal or income from the trustee on the date of the exercise of the power.
    “Distribute” means the power to pay directly to the beneficiary of a trust or make application for the benefit of the beneficiary.
    “First trust” means an existing irrevocable inter vivos or testamentary trust part or all of the principal of which is distributed in further trust under subsection (c) or (d).
    “Presumptive remainder beneficiary” means a beneficiary of a trust, as of the date of determination and assuming non-exercise of all powers of appointment, who either (i) would be eligible to receive a distribution of income or principal if the trust terminated on that date, or (ii) would be eligible to receive a distribution of income or principal if the interests of all beneficiaries currently eligible to receive income or principal from the trust ended on that date without causing the trust to terminate.
    “Principal” includes the income of the trust at the time of the exercise of the power that is not currently required to be distributed, including accrued and accumulated income.
    “Second trust” means any irrevocable trust to which principal is distributed in accordance with subsection (c) or (d).
    “Successor beneficiary” means any beneficiary other than the current and presumptive remainder beneficiaries, but does not include a potential appointee of a power of appointment held by a beneficiary.
    (b) Purpose. An independent trustee who has discretion to make distributions to the beneficiaries shall exercise that discretion in the trustee’s fiduciary capacity, whether the trustee’s discretion is absolute or limited to ascertainable standards, in furtherance of the purposes of the trust.
    (c) Distribution to second trust if absolute discretion.

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–
The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Treasury report expected to recommend stripping CFPB of power, other financial reform

default icon593f0e17a3b26

Could propose non-legislative action on Dodd-Frank and more… So roll up your sleeves and get ready for the next sequel: The People of the USA v. International Banking Cartels – Episode VI – “The Clash of the Idiots

Re-Blogged from www.Housingwire.com

 

Treasurypart3.09060003.08050008@gmail.com” height=”221″ width=”413″>

The U.S. Department of the Treasury is expected to report its findings on financial regulations today, and it’s not expected to portray current enforcement agencies in a positive light.

In February, President Donald Trump issued an executive order mandating that the Treasury examine financial regulations to determine if they satisfied a set of seven core principles. Those seven principles are generally related to economic growth, prudential regulation and taxpayer protection.

Trump issued the executive order under the expectations that it would begin to massively roll back regulations. It was the President’s first step toward reducing the role of the Dodd-Frank Act.

The report may not propose an overhaul of Dodd-Frank, but instead could call for some limited modifications, according to Politico. It will include proposals for changing the act, which would require legislation, and proposals to change current regulations. Fox Business is reporting on a Dow Jones report that it will take a specific aim at the largest consumer protection agency:

“The report is around 150 pages and makes recommendations on policy goals, without laying out a specific process for achieving them, these people said. It is harshly critical of the Consumer Financial Protection Bureau and recommends that the bureau be stripped of its authority to examine financial institutions, people familiar with the matter said.” 

In an email to clients this morning, investment bank analyst Brian Gardner, with Keefe, Bruyette & Woods, recommend investors pay more attention to the non-legislative regulatory changes the report is expected to suggest.

“The Dodd-Frank Act leaves broad discretion to the regulators when implementing the law’s regulations, and banking regulators appointed by the Trump administration will have the opportunity to change some current rules without seeking congressional approval, which is required to change the statute itself,” Gardner said. “We think changing the statute will be difficult in many cases.”

The US House of Representatives already  voted to dismantle the Dodd-Frank Act earlier this month. However, ranking member of the Financial Services Committee Maxine Waters, D-N.Y., went on record saying the bill is “dead on arrival in the Senate and has no chance of becoming law.”

This isn’t the only executive order Trump issued to reduce regulations. He issued several orders, such as ordering that for every new regulation created, two more must be cut, and reaffirming his pledge to cut total regulations by 75%.

Read original article here.

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–
The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Ocwen Loses Bid for Early Test of CFPB’s Constitutionality

A follow up to previous posting: OCWEN Attacks CFPB as Unconstitutional

Re-blogged from www.bna.com

Image result for ocwen  

By Chris Bruce

A federal judge June 2 blocked Ocwen Financial Corp.’s bid to test the constitutionality of the Consumer Financial Protection Bureau in the early stage of a closely watched enforcement case ( Cons. Fin. Protection Bureau v. Ocwen Fin. Corp. , S.D. Fla., 17-cv-80495, 6/2/17 ).

The ruling by Judge Kenneth Marra of the U.S. District Court for the Southern District of Florida allows the CFPB to proceed unimpeded with its April lawsuit alleging that Ocwen violated consumer protection laws in servicing loans of distressed borrowers.

Ocwen sought an early case conference on the constitutional question, saying it should be settled before allowing the CFPB to go further. Marra disagreed, saying that would depart from settled procedural rules and might delay the case. He said Ocwen may still make its constitutional attack on a motion to dismiss.

Marra also declined Ocwen’s request to seek U.S. Attorney General Jeff Sessions’ views on the CFPB’s constitutionality. In a separate order June 2, Marra said it’s “premature” to invite the Attorney General’s views at this point.

Marra said he can weigh that request again in the context of an Ocwen motion to dismiss. “Until a motion is filed setting forth the exact basis for the challenge, the Attorney General will not have sufficient information to determine whether he should intervene,” Marra said.

Ocwen: Case Unjustified

“We have reviewed the order, which addresses how the Court would like to have the constitutional attack presented to it,” Ocwen spokesperson John Lovallo said in an email to Bloomberg BNA. “We look forward to including that argument with all of the other reasons CFPB’s suit is unjustified and should be dismissed.”

Marra’s June 2 orders, especially his decision not to fast-track the constitutional issue, could help the CFPB in other litigation. In April, when Ocwen sought the case conference shortly after the CFPB filed its lawsuit, attorneys said Ocwen’s effort, if successful, might encourage other defendants in CFPB cases to make similar requests. Marra’s rulings give the CFPB more ammunition to fight any copycat moves.

The CFPB’s constitutional status is now being actively weighed by two federal appeals courts. The U.S. Court of Appeals for the District of Columbia Circuit’s full bench May 24 heard argument in a case involving PHH Corp. of Mount Laurel, N.J. Several observers who attended the argument say they expect that court to rule for the CFPB, perhaps setting up the case for consideration by the U.S. Supreme Court.

Meanwhile, the Ninth Circuit May 17 gave Burbank, Calif.-based D&D Marketing the go-ahead to challenge the CFPB’s constitutional status in an appeal from an enforcement lawsuit by the agency.

Ocwen is fighting a separate but related lawsuit filed the same day as the CFPB’s action. The suit by Florida Attorney General Pam Bondi (R), which also is being heard by Marra, similarly faults Ocwen’s servicing practices.

Ocwen is represented by Thomas M. Hefferon and Sabrina M. Rose-Smith of Goodwin Procter in Washington, and Bridget Ann Berry of Greenberg Traurig in West Palm Beach, Fla.

The CFPB is represented by Jean Marie Healey, Atur Ravi Desai, and Jan Edwards Singelmann.

To contact the reporter on this story: Chris Bruce in Washington at cbruce@bna.com

To contact the editor responsible for this story: Michael Ferullo at MFerullo@bna.com

Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————
Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
———————————————————————————–
The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.

Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

Former Illinois State’s Attorney-turned-FBI Agent tells of undercover Courtroom corruption investigation

Until evidence of equal treatment and equal justice becomes apparent, we should never stop suspecting that the illogical imbalance in court outcomes is being caused by anything other than old-fashioned greed!

With all the current disgust and discussion of how homeowners defending against foreclosure are facing a “brick-wall” in court, complete with “improvised and inconsistent” application of law and civil procedure by judges; who then seemingly grant “fast track” approval in favor of banks and others who may not even own the alleged debt and lack standing… It is informative to look back upon one of the nation’s most extensive investigations into judicial corruption – OPERATION GREYLORD, which back then resulted in successful prosecution and prison time for those “black robed crooks” responsible for destroying the People’s confidence in their own legal system and causing them irreparable harm.

The apple has not fallen fare from the tree. Just like in the race for military superiority, every new investigative tool gets countered with an even more creative and devious way of hiding bribes and other corruption. This newest generation of “judges gone bad” can make use of electronic banking which allows for funds to be shifted around unnamed accounts. Reportedly, sometimes judges receive loans from the very banks appearing in their courtrooms – only to have them paid off by a mysterious third party. These things can be tracked, but it takes the will and commitment of the various Attorneys General to institute the investigations and to actually prosecute (not warn or scold), and find clean judges willing to rule against their colleagues.

Unfortunately, we can no longer live under the presumption that all judges are honorable… too many have been shown to be otherwise and the risk to society is too great! We cannot trust the ratings from the ARDC or Bar associations either – too much nepotism and reciprocal favoritism to be taken seriously.

It is time now for another round of “deep throat” style FBI investigation, this time using the 21st century high-tech investigative tools available to them. My uncle was a highly decorated FBI agent – I know if we take the political handcuffs off of the agents and let them do their work – they will succeed again!

– Greg da’ Goose

Re-blogged from www.ChicagoTribune.com


Aurora Beacon-News


Members of Aurora’s Navy League Council 247 spent a recent evening hearing about one our nation’s biggest undercover operations as former state’s attorney turned FBI agent Terrance Hake spoke about his recent book, “Operation Greylord.”

The event included a reception and dinner held at Grandma’s Table in Montgomery, which drew a crowd of 40 who listened to Hake, a Chicago resident who wore a recording device from 1980 through 1983, during which he recorded conversations of both corrupt judges and attorneys.

Leonard Wass, a board member of the Navy League Council, said in addition to lining up monthly speakers for the group he also served as a member of the Chicago Crime Commission and heard Hake speak recently at a luncheon.

“I thought his presentation there was remarkable and I asked him if he’d mind coming out,” Wass said before the presentation. “The only thing that is off the table as far as presenters is politics – and this is a story unto itself about the corruption.”

Hake, 65, who now lives in Winnetka, said he was just 27 years old when he filed a complaint about corruption in Cook County regarding judges and attorneys and that the FBI recruited him as an agent the following year.

“This was the first time ever that judges’ chambers were bugged and the first time an attorney had been made into an agent,” Hake said. “In the end, 103 individuals wound up being charged, and it was one of the FBI’s longest, most successful undercover cases.”

Hake said his complaint filed in 1980 regarding cases that involved child molestation, murder, and rape led to an investigation with him posing as a criminal defense attorney during which he himself received 60 bribes.

“Over a two-year period, I received 60 bribes and as I’ve said in my book, judges in narcotics court were basically receiving their salary, worth about $52,000 back in the early 1980s, in cash,” he said. “In today’s dollars, you’re looking at about $192,000 – so that was a lot of money.”


See/Order the Book Here

Operation Greylord was the longest and most successful undercover investigation in FBI history, and the largest corruption bust ever in the U.S. It resulted in bribery and tax charges against 103 judges, lawyers, and other court personnel, and, eventually, more than seventy indictments.

Most of the prosecutors have since left government service and joined large law firms.

It was led by Terrence Hake, a young assistant prosecutor in the Cook County State’s Attorney’s Office in Chicago, who worked undercover for nearly four years, accepting bribes, making payoffs, wearing a wire in bars and to racetracks, bugging a judge’s chambers, and befriending people he knew he would betray.

Operation Greylord has never before been detailed by an insider in the investigation.

Read the history here
FBI version here
*    *    *

Hake also spoke about the personal risks he assumed by being an undercover agent as well as the ostracism he received from his colleagues since the undercover work has ended.

“I retired from the FBI in 2008 and went back to work in the state’s attorney’s office as a lawyer and people in Cook County would tell me that things were now 100 percent better,” Hake said. “There were others in the legal community who would tell people they shouldn’t talk to me and there were still a lot of individuals who harbored resentment. There were at least two times I was concerned for my personal safety and requested backup.”

Navy League Council members like Wass’ sister Shirley Wass of Glen Ellyn said she “remembers living in Cook County back in the 1980s” and was not surprised to learn of the corruption there.

“That was a very crooked time in the Chicago area, and the judicial system was certainly not honorable,” she said. “I was happy about what Mr. Hake did and feel that corruption still exists and where it does – we need investigations.”

Rick Todas of Sugar Grove, who serves as the local Navy League president, said “we are a nation of laws, not men” and that “no one was too big to do wrong.”

“When people break the law, it undermines the process and destroys our system and I think what Hake did was heroic as well as necessary,” Todas said. “Sometimes we have to do not what we want to do, but what we should do.”

Leonard Wass said Hake’s message and experiences have a universal application.

“As people, we need to continue to be vigilant. I’ve visited 70 countries in my lifetime and people across the world are subject to the same temptations,” he said. “Political corruption is everywhere and we need to be attentive to it and weed it out as it impedes our republic.”

For those considering take a risk such as he did, Hake offered this advice.

“You have to think carefully first about what you’re getting into given the risks someone like I took, but you also have to follow what’s in your heart,” Hake said. “If you do the right thing, you might face scorn but I think for me that was outweighed by the good that was done for the system and for me personally.”

David Sharos is a freelance reporter for The Beacon-News

Copyright © 2017, Aurora Beacon-News


Read original story here

Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616

Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.

———————————————————————————

Remember… “Justice Should Be Blind, NOT You!” TM
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
——————————————————————————————————
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final

———————————————————————————–

The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
 “How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.


Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*

MICHAEL MADIGAN: YOUR HOUSE IS HIS HOUSE… YOUR BANK ACCOUNT IS HIS BANK ACCOUNT…

and you can’t stop himUNLESS you cut loose from the brain-dead Illinois Democratic Machine brainwash our parents taught us and learn how to vote as a contemporary independent American thinker! Review these facts

 Michael Madigan & Al Capone

https://d1k5w7mbrh6vq5.cloudfront.net/images/cache/d5/d7/3c/d5d73c86476ae7c5dea6e4f48673aa86.png  

– The open secret practice of success of Al Capone & Mike Madigan

I am like any other man. All I do is supply a demand to my constituents. I don’t question their demand. However, they never think of the true cost of me supplying their demand or how I arrange it. This sometimes comes at a public cost which they never imagined… But later, after the honeymoon is over, upon realization and regret, they are just too damn late to fix anything and are bound to their own selfish or shortsighted contracts. After all, the US Constitution guarantees freedom of The People to contract any old thing they want – and my right to enforce it!

FDR is dead – LBJ is dead – and so are their unfunded programs… get over it!

 

By the Way – Illinois Attorney General Lisa Madigan is not Michael Madigan’s daughter. Rather she is his adopted daughter born of the Ashkenazi couple of New York Mob Attorney Joel Murray and his wife Shirley Murray. The marriage was “transferred” to then Chicago Mob Attorney Madigan  in a negotiated “wife swap” deal to help his pals in the New York Mob save face in dealing with a wife-beater amongst their own ranks – “for cash and other promises” (like cleaning up his background files)… When asked to weigh-in on the subject – Lisa M. (Murray or Madigan – who knows), even though Court records show that she changed her last name from Murray to Madigan when she was 18 and entering college stated, “It’s a big, long, legal, personal mess. I’d rather not.”

 

Michael J. Madigan (born April 19, 1942- on the Anniversary of Empress Irene’s organizing a conspiracy against her own son: the Byzantine emperor Constantine VI, whereby he is deposed and blinded and shortly after, dies of his Mother’s inflicted wounds; Irene then proclaiming herself Basileus) is the speaker of the Illinois House of Representatives.[1] Except for Solomon Blatt, Madigan is the longest-serving leader of any state legislative body in the history of the United States, having held the position for all but two years since 1983.[2] He has been a member of the Illinois House since 1971, representing the 22nd District, a majority Hispanic area surrounding Midway Airport in Chicago‘s Southwest Side.

Chicago Magazine named Madigan the fourth-most-powerful Chicagoan in 2012 and second in 2013 and 2014, calling him “the Velvet Hammer—a.k.a. the Real Governor of Illinois.”[3] [4] [5] Rich Miller, editor of the Capitol Fax Illinois political newsletter, wrote “the pile of political corpses outside Madigan’s Statehouse door of those who tried to beat him one way or another is a mile high and a mile wide.”[6]

Early life and career

Chicago’s 13th Ward surrounds Midway International Airport and includes the Clearing neighborhood on Chicago’s Southwest Side.[7] In the 1980 United States Census, the population of the 13th Ward was 61,249, 95.58% of whom were White and 57 (0.09%) of whom were African American.[8]

Madigan’s father, Michael, was “a very strong Democrat, a product of the Great Depression. He carried with him very strong feelings in favor of the New Deal.” Michael Flynn was the Cook County Clerk, and also the Democratic committeeman of Chicago’s 13th Ward, an unpaid, political-party leadership position. Madigan’s father was a precinct captain in the 13th Ward and worked in the Cook County Clerk’s office, where he befriended a young Richard J. Daley. Madigan later characterized the relationship between his father and Richard J. Daley as “political friends.” The elder Michael Madigan later worked for 25 years as the 13th Ward superintendent for the City of Chicago Department of Streets and Sanitation.[9]

Madigan was born on April 19, 1942 and was raised in the Clearing neighborhood of Chicago.[8] Madigan graduated from Saint Adrian’s Elementary School, St. Ignatius College Prep on the west side of Chicago, and the University of Notre Dame. In 1965, while a first-year law student at Loyola University Chicago School of Law, Madigan purchased a membership in the Lake Shore Club and introduced himself to Chicago Mayor Richard J. Daley as Michael Madigan’s son. Within months, at Madigan’s father’s request, Mayor Daley appointed Madigan to a summer job with the city law department between his first and second years of law school. Madigan also met Daley’s son Richard M. Daley, while both were law students. Madigan’s father suffered a heart attack at age 58, and a fatal heart attack at age 60, in 1966. Madigan graduated from Loyola Law School in 1967. Madigan and Neil Hartigan worked together in the city law department. Madigan and Richard M. Daley were delegates to the 1970 Illinois constitutional convention, their first elected public offices, and became good friends.[7] [9] [10]

In 1972, Madigan founded the private law firm of Madigan and Getzendanner with Vincent J. “Bud” Getzendanner, Jr., a fellow Loyola law graduate, one year his senior.[11] In 1976, Madigan married Shirley Murray, a divorced law firm receptionist with a young daughter, Lisa, whom Madigan adopted; Lisa later became Attorney General of Illinois.[7]

Democratic Party leadership

Madigan joined Chicago Mayor Jane Byrne in endorsing Alderman Edward M. Burke in the 1980 Democratic primary race for Cook County State’s Attorney, over Madigan’s friend Richard M. Daley.[9]

In 1986, Madigan urged Adlai Stevenson III to enter the Democratic primary for Illinois Governor. Hartigan withdrew and Stevenson prevailed in the primary and was defeated by James R. Thompson for the second time.[9]

13th Ward Democratic committeeman

In 1969, the 13th Ward precinct captains elected Madigan their committeeman, making him, at 27 years of age, the youngest ward committeeman in Chicago at the time.[9] Madigan’s ward organization has been called the most disciplined in Chicago. In the 1983 mayoral election, the 13th Ward had the highest turnout of any ward, and white, Republican candidate Bernard Epton won 96% of the vote in the 13th Ward, leading Democrat and winner, Harold Washington, Chicago’s first Black mayor.[8]

Chairman of the Democratic Party of Illinois

In 1998, the Illinois Democratic Party’s Central Committee elected Madigan chair of the Democratic Party of Illinois. Madigan succeeded his protégé and former chief of staff, Gary LaPaille. Madigan fired the state party staff, closed its headquarters in the Merchandise Mart in Chicago, and moved it to Springfield, Illinois to the same office building as his campaign finance committee staff.[7]

Illinois state House of Representatives

In November 1970, Madigan was elected to represent the 22nd District in the Illinois State House of Representatives.[12] It is a majority Hispanic district including Midway International Airport on Chicago’s southwest side.[13]

Speaker of the Illinois House

Madigan has been Speaker of the Illinois House since 1983, with the exception of 1995–1997 when Republicans took control of the Illinois House and Illinois State Representative Lee Daniels of Elmhurst, Illinois became Speaker. Madigan recruited candidates who appealed to south suburban Chicago voters and the Illinois House Democratic Majority political action committee he controls spent $272,000 in six south suburban races. Democrats won back nine seats in the Illinois House in the elections of November 1996, regained a majority, and Madigan resumed the Speaker’s role and has held it ever since.[12] He is the longest-serving House speaker in Illinois history and one of the longest-serving state House speakers in United States history.[7]

Since the 1980 United States Census, except in the 1990s, Madigan has been the chief map maker of the legislative districts of the Illinois General Assembly and the United States Congress in Illinois[9] and during reapportionment he designs the Illinois House districts to increase his majority.[7]

After 2002 – when Democrats took control of all branches of the state government – Madigan feuded with leading Democrats Governor Rod Blagojevich and Senate President Emil Jones.

Madigan has not been amenable to expansion of gambling in the state, although when the subject came up again in 2007 he said he would hold public hearings to gauge support for expansion of three casinos in Illinois.[14]

Some political observers have been critical of the level of control Madigan has come to hold over Illinois politics, describing him as the state’s political boss.[7] [15]

In 2016, Madigan was the subject and namesake of a documentary made by the Illinois Policy Institute. The documentary was widely criticized as being overly partisan and raised ethical concerns after individuals featured in the movie claimed that they weren’t told the nature of their interviews.[16]

One of Madigan’s chief Democratic deputies in the House is Gary Hannig, who often handles budget issues.[17]

Relationship with Blagojevich

Madigan and Blagojevich clashed over Blagojevich’s proposals for increased state spending.[18] Blagojevich blamed the 2007 budget crisis on Madigan, releasing a statement that said, “The way to be able to finally get budgets that achieve the objective of health care and education for families is to get Mr. Madigan to be a Democrat again and stop being a George Bush Republican.”[18] Madigan refused to meet with Blagojevich for more than two months after Blagojevich introduced the budget; rather than the proposed $5 billion in increased spending, he recommended $1 billion, funded by the ending of a tax break.[19] When talks stalled, Madigan invited the entire House to accompany him to budget negotiations.[19]

Madigan opposed Blagojevich’s proposed gross receipts tax in 2007.[20] He said the tax was “regressive” and would hurt the poor, who are “the least able in our society to take on additional costs.”[20]

Illinois senior Senator Dick Durbin said in 2008 that he received many constituent complaints about the dispute between Blagojevich and Madigan, with letter writers wanting him to step in to negotiate.[21] Durbin said the subject was also often talked about in the United States Congress in Washington, D.C. among the Illinois congressional delegation.[21] However, Durbin joked that he’d rather go to Baghdad to mediate than Springfield.[21]

The Chicago Sun-Times statehouse bureau reporter of 13 years, Dave McKinney, said of Madigan’s style as Speaker:[21]

“It’s sort of the classic case that you get a guy (Madigan) who is steeped in discipline versus a guy who’s very undisciplined, like Blagojevich. You can see it in their work habits, in their mannerisms.

Madigan is very measured in what he says. You never see him flying off on things. He is so precise.

This guy has been speaker for almost 30 years. He runs that chamber almost like he runs his house. They come in on time. He knows the rules. He’s written the rules.

Madigan likes news clippings given to him every day; he likes to keep up on things. And he likes them clipped and organized in a certain way. With Rod, you get the sense that he’s more of a big ideas person, but then doesn’t really have the wherewithal to carry through on things to make sure they get done, to deliver.”

The relationship between Blagojevich and Madigan hit its low in October 2007, when Blagojevich fired Bronwyn Rains, wife of Madigan’s chief of staff Timothy Mapes, from her position of psychologist with the Illinois Department of Children and Family Services.[2] Blagojevich said he based this on Rains’ educational background. She had worked for the department for 24 years with no prior record of problems; one observer called the fallout “nuclear war.”[2]

Senate Republican Leader Frank Watson and House Republican Leader Tom Cross often met with Madigan, his Senate counterpart at the time Emil Jones, and Blagojevich in an attempt to referee disputes.[2] [22] In August 2008, Blagojevich stated that House Democrats who held City of Chicago jobs were fearful of voting in favor of his 2008 capital bill because they thought Madigan might be able to get them fired.[23] Blagojevich told reporters:

“They fear their leader, Mr. Madigan, and if Mike Madigan tells them to vote a certain way, they will tell you privately, and I’ve had these discussions with a couple of state reps, one of whom said, ‘I’m afraid if I vote for the jobs bill I’ll be fired from my job at Streets and Sanitations [sic]. I’m afraid I’ll lose my job.'”[23]

Rep. Gary Hannig told the newspaper that Blagojevich had told House Democrats he was referring to D’Amico.[23] When contacted, D’Amico said that Blagojevich had asked him if he feared losing his job with the City of Chicago’s water department, at which point D’Amico said that he had been in a union for 26 years and could not be fired easily, and instead he opposed the capital bill because Chicago Mayor Richard M. Daley opposed it.[23]

On December 15, 2008, Madigan announced that he was taking steps to initiate impeachment proceedings against Blagojevich.[24] He named Illinois House of Representatives Majority Leader Barbara Flynn Currie to Chair the 21-member House committee on impeachment.[25] [26] After the committee reported, Madigan presided over the House deliberations which unanimously voted the first impeachment of an Illinois Governor. Subsequently, the Illinois Senate tried and removed Governor Blagojevich from office, also by a unanimous vote.

Controversy over UIUC admissions

Madigan refused to testify in the inquiry over his advocacy for more 40 applicants to the University of Illinois at Urbana-Champaign.[27] Governor Pat Quinn appointed a commission, to be led by retired Judge Abner Mikva, to investigate attempts by lawmakers and others to influence admissions of unqualified candidates (whose relatives had given money to Michael Madigan, other lawmakers, and the state Democratic Party which is chaired by Madigan) at the state’s largest university. The August 6, 2009 report by the Admissions Review Commission stated that the university’s top officials (trustees, president, chancellor) were the ones most culpable, because they should have refused the lawmakers’ requests, although he also said a separate commission should be established by Governor Quinn and/or the legislature to look into possible misconduct by Madigan and others.[28]

Metra patronage scandal

In the summer of 2013, it was reported that Michael Madigan had sought to use his influence to secure patronage hiring and promotion at the Metra commuter rail agency for two of his supporters.[29] [30] Metra CEO Alex Clifford rejected these requests, and he alleges that the agency’s board sought his resignation as a result.

In the wake of this scandal five Metra board members resigned,[31] but Madigan denied violating any ethics rules.[32] An investigation by the Legislative Inspector General found that Madigan “should have realized, given his influential position, that by making the [personnel] requests at the conclusion of meetings with Metra officials to discuss funding and other legislative issues, he would be creating reciprocal expectations.”[33]

More than 400 current or retired state and local government employees have strong political ties to Madigan, according to a 2014 investigation by the Chicago Tribune. The former Bureau of Electricity in the Streets and Sanitation Department of the City of Chicago was called “Madigan Electric” by political insiders.[34] [35] Madigan recommended at least 26 individuals for jobs at Metra from 1983 to 1991.[36]

Campaign contributions

Madigan admitted that he is more likely to return phone calls from campaign contributors than from non-contributors.[9]

Of all the current sitting Democratic Illinois House members, Speaker Madigan has received the highest amount of campaign contributions from labor unions. Between 2002 and 2012, he received $670,559. This sum includes:[37]

On January 1, 2016, the Chicago Tribune reported that House Speaker Michael Madigan “has been on a fundraising tear, courtesy of a quirk in state campaign finance law that allows him to amass multiple five-figure contributions from the same donor into four funds he controls.”[38] In 2015, Madigan raised more than $7 million. Over 68% of the money that Madigan raised in 2015 came from trial lawyers, law firms, and organized labor unions.

Illinois created its first limit on campaign contributions for the legislature in 2009. However the law allowed for politicians to raise money for various campaign funds for their political parties and caucuses. Madigan controls four different campaign fundraising organizations: Friends of Michael J Madigan, the Democratic Majority fund, the Southwest Side 13th Ward fund and the Democratic Party of Illinois account.[38] Additionally, over the past 15 years, Madigan raised more than $658,000 in donations from the Illinois Trial Lawyers Association (ITLA) Legislative PAC.[39]

Tax policy

In early 2011, leading Illinois Democratic lawmakers and Governor Pat Quinn agreed to a raise the Illinois state income from 3 to 5.25 percent—a 75% increase. At the time, it was estimated that the higher taxes would bring in about $7.5 billion a year. The income tax increase would mean that a married couple with two kids, earning $80,000 a year combined, would pay an extra $1,620 in taxes. Democratic leaders said the plan would pull the state out of its $15 billion budget hole. They promised the tax hike would last just four years, and then fall to 3.75 percent.[40]

Between 2011 and 2014, the Illinois state income tax rate was 5 percent.[41] On January 1, 2015, the tax rate was reduced from 5 percent to 3.75 percent, creating a shortfall in revenue of 2.7 billion dollars starting FY 2015.[42] Madigan has said that he would rather increase income taxes than sales taxes.[43] On several other occasions, he has made comments and introduced budgets that raise taxes in Illinois.

May 2016 tax and budget plan

On May 25, 2016, Madigan introduced a budget plan. His plan increased spending and “set the state on autopilot for the next year”, according to the Chicago Tribune. Madigan’s plan allocated $700 million in education funds to public schools. However, that $700 million would only go to Chicago Public Schools and would exclude schools anywhere else in the state.[44]

The Illinois Office of Management and Budget said that the tax rate for an average family in Illinois would have to go up by $1,000 to pay for Madigan’s plan. That amounts to an increase of the income tax rate to 5.5 percent. Governor Bruce Rauner said that the budget was “the biggest unbalanced budget in Illinois history.”[44]

Madigan’s plan passed the Illinois House of Representatives on May 25 by a vote of 63 in favor and 53 opposed. The Republican leader in the Illinois House, Jim Durkin, said the bill was “absolutely the biggest joke.” Among those opposed were seven Democrat representatives. The seven are being targeted for defeat in the fall 2016 campaigns.[45]

Madigan’s tax plan proposed spending $47.5 billion for fiscal year 2017. The state estimated that it would bring in approximately $40.5 billion in revenue, meaning that Madigan’s budget spends around $7 billion more than the state would have available through tax revenue. The Illinois Policy Institute, a fiscal policy think tank, estimated that the state would need to increase people’s income tax from 3.75 to 5.5 percent in order to make up for Madigan’s budget gap. The think tank estimated that the increase would amount to around $1,000 on average per family in Illinois.[46]

The City Club comments

In December 2015, the state of Illinois had been going for over five months with no budget in place. On December 9 at the City Club in Chicago, Madigan publicly said that he thinks the state income tax should increase to “at least 5 percent to balance the state’s out-of-whack finances,” according to the Chicago Tribune.[47]

The Chicago Tribune wrote, “In doing so, Madigan potentially gave new life to Republican Gov. Bruce Rauner’s argument that Democrats are to blame for the stalemate in Springfield because they’re intent on only raising taxes to dig out of the state budget deficit.”[47]

Madigan’s exact words were, “A good place to begin, good place to begin would be the level we were at before the income tax expired. . . . And starting there, you can go in whatever direction you want to go.”[47]

Tax increase reform proposals

One of Madigan’s ideas to raise taxes is to pass a state constitutional amendment that would raise taxes on “millionaires to pay for public schools.”[44]

Madigan also has a plan for a graduated rate increase. State representative Lou Lang, a deputy under Madigan, formally introduced Madigan’s proposal that would change how Illinois taxpayers are taxed at the state level. Instead of being taxed a flat rate, people would be taxed at a graduated rate, with the rate increasing for higher incomes.[44]

The Tax Foundation released a report in early 2016, using figures from 2011, that showed that Illinois had the fifth-highest tax burden in the United States. Illinois had the second-highest burden when compared to other states in the midwest. Under Madigan’s proposal, those figures would change: Illinois would have the fourth-highest and highest tax burden in the U.S. and midwest, respectively. In 2012, Illinois’ tax burden was the second highest in the midwest, after Wisconsin, but before Wisconsin Governor Scott Walker passed tax cuts.[48]

Unconstitutional Pension Reductions

Madigan was instrumental in the passage of SB-1; a plan that amended state employee pension plans by drastically reducing the constitutionally protected benefits of Illinois state employees in retirement.[49] The Illinois Supreme Court ultimately found these legislative changes to be unconstitutional.[50]

As the Illinois Supreme Court ruling stated: “These modifications to pension benefits unquestionably diminish the value of the retirement annuities the members…were promised when they joined the pension system. Accordingly, based on the plain language of the Act, these annuity-reducing provisions contravene the pension protection clause’s absolute prohibition against diminishment of pension benefits and exceed the General Assembly’s authority,” [51]

Madigan and Getzendanner

Madigan was founder and continues as senior partner of the law firm Madigan and Getzendanner specializing in corporate real estate property tax appeals, which has been accused of profiting off of Madigan’s position and power.[52] Getzendanner and four other staff attorneys handle the tax appeals, while Madigan brings in clients.[53] In 2008 Madigan and Getzendanner represented 45 of the 150 most valuable buildings in downtown Chicago, more than any other property tax appeal firm, and more than twice as many as the second highest. Clients include the John Hancock Center and the Prudential Plaza.[7] [54] From 2006 to 2008 in Cook County, Illinois, Madigan and Getzendanner received the largest reductions for their clients of any tax appeal law firm.[55] [56] Venues for property tax appeals law firms in Cook County include hearings before the County Assessor, the County Board of Review, and the County courts. Judges in Illinois are elected in partisan elections, and Madigan, by his Democratic Party leadership roles as committeeman and state chairman, is one of the main persons involved in slating judicial candidates.[7]

After the death of veteran 45th Ward committeeman and long-time chairman of the Cook County Democratic Party Thomas G. Lyons in January 2007, Cook County Democrats met in Chicago on February 1 to fill the vacancy. Madigan nominated Joseph Berrios, a former Illinois State Representative, then a Commissioner on the Cook County Board of Review. Cook County Democrats elected Berrios their new chairman.[57] [58] [59] Madigan political workers aided Berrios’ 2010 campaign for the Assessor of Cook County, Illinois. Berrios is registered as a lobbyist to Illinois state government and advocates for issues including expanding video poker.[60] [61] [62] Berrios lobbies Madigan in Springfield, while the Assessor is critical to the lucrative commercial real-estate tax appeals practices of law firms, including those of Madigan.[63] [64] [65] “Even by Illinois’s loose conflict of interest standards, the obviousness of the Madigan-Berrios connection is stupefying,” wrote Chicago Magazine in 2013.[7]

The Madigan family and their role in Illinois government

Madigan and his wife, Shirley, have four children: Lisa, Tiffany, Nicole, and Andrew. Two members of this immediate family hold senior positions in the government. His oldest daughter, Lisa Madigan, is the Attorney General of Illinois. Madigan is not Lisa’s biological father. Lisa was born Lisa Murray. She changed her name when she was 18 and was formally adopted in her 20s.[66] [67] Shirley is the head of the Illinois Arts Council.[2] Madigan’s son-in-law Jordan Matyas is the chief lobbyist for Regional Transportation Authority, a deputy chief overseeing their Government Affairs Department.[68] [69] [70]

In 2002, Madigan helped his daughter Lisa garner more campaign contributions in her run for Illinois Attorney General than even the candidates for governor that year.[71] At one point, Lisa Madigan’s $1.2 million raised was more than all the attorney general candidates in 1998 had raised, combined.[71]

During the 2002 campaign, allegations of misconduct in campaign contributions arose—Madigan was accused of using taxpayer dollars for political purposes.[1] Legislative staffers of Michael Madigan made numerous visits at public expense to contested Illinois House districts in the winter and spring before the November 2000 election.[72] Republican gubernatorial candidate, Jim Ryan, suggested that Madigan should resign.[1] Madigan’s daughter Lisa was running for state Attorney General during that year’s election and called the allegations baseless.[1] Lisa Madigan’s opponent in the race called on her to pay back taxpayer-paid bonuses her father had paid staffers before they departed to work on his daughter’s campaign.[73] A federal investigation into one of Lisa Madigan’s political endorsements ensued after Madigan allegedly contacted a union boss in Chicago shortly before the union endorsed Madigan’s daughter for the post, but nothing came out of it.[74]

References

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  5. Mike Madigan | Chicago magazine | March 2014
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  29. Metra CEO memo alleges more Madigan influences – Chicago Tribune
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  31. 5th Metra board member, Stanley Rakestraw, resigns under pressure from Toni Preckwinkle | abc7chicago.com
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  38. http://www.chicagotribune.com/news/local/politics/ct-mike-madigan-campaign-fundraising-met-20160102-story.html
  39. http://cookcountyrecord.com/stories/511006877-report-political-donations-from-trial-lawyers-topped-35-million-in-15-years
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  49. http://votesmart.org/bill/votes/46516
  50. http://www.Chicago tribune.com/news/local/politics/ct-illinois-pension-law-court-ruling-2015050
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  52. Kidwell, David (September 25, 2010). “In Justice deal, all roads lead to Madigan; Illinois House speaker’s clients involved in development linked to village’s proposed tollway interchange”. Chicago Tribune.
  53. Kidwell, David; Chase, John; Gibson, Ray (January 22, 2010). “The Madigan Rules; House Speaker Michael Madigan says he follows a personal code of conduct to avoid conflicts of interest. Even so, some clients of his private law firm have benefited from his public actions”. Chicago Tribune. Retrieved 2014-02-05.
  54. Chase, John; Kidwell, David; Gibson, Ray (January 24, 2010). “Madigan’s kind of town; House speaker’s clout touches key levers of power as his law firm becomes a top player in Chicago skyscrapers property tax appeals”. Chicago Tribune. Retrieved 2010-02-02.
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Why Lisa Madigan seems destined to join her father in springfield. By Ted Kleine

 

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