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Georgia Wrongful Foreclosure Law July 1- But Will They Prosecute?

The Georgia Wrongful Foreclosure law that passed (HB 237) will become law on July 1, 2012.

The original bill has been extremely watered down from it’s initial conception. To begin with, Wrongful Foreclosures will only be investigated and prosecuted going forward. This means that ALL the unlawful foreclosures that have taken place prior to July 1, 2012 will not be prosecuted under this Law. Damn shame.

Georgia Attorney Samuel Olens now has the power to prosecute Foreclosure Mills and Attorneys for Wrongful Foreclosures.

Georgia is currently the number one state in the nation for foreclosures- overshadowing Nevada, Florida, California and Arizona.


Georgia is also also number one in corruption on many levels and has received an F on it’s Report Card for State Integrity. Nice Huh?

Much has been written about Wrongful Foreclosure- and I fear that people are getting weary of the term “Foreclosure.” Let’s call it what it is: THEFT.

There should be a nationwide call to action to HALT ALL FORECLOSURES NOW!

“Mortgage Modification Programs” are part of the mechanism that escalates the foreclosure process. Diabolical.

These schemes have been put in place to take people’s properties has been linked to the highest ranking members of the government with ties to the banking industry, including Attorney General Eric Holder.

Unless you have been closely following this illegal leviathan of systematic taking of property all across America- you have no idea of how it works. Few do- it’s a complicated mess.

Fannie Mae, Freddie Mac, MERS (Mortgage Electronic Registration Services), Mortgage Backed Securities, Credit Default Swaps, Robo-Signing.

Add to the mix robo-signing, forged and fraudulent documents, Notaries sharing their stamps on manufactured documents created by Foreclosure Mills, countless “Assignments of Mortgage” being admitted to the Deed Registries of every county in the nation with NO transfer tax being charged, cheating cash-strapped counties and municipalities out of billions of dollars.

There is also a list of the Fannie Mae Attorney’s Network. Many of these attorneys are connected to the banks they represent as well as being connected with the MERS system in some capacity. (Be a good place to start investigating, wouldn’t it? -Mr. Attorney General.)

At a meeting held at Georgia Attorney General Sam Olen’s office, concerned citizens asked about the law and how it would be enacted. Who would be prosecuted? How will investigations be initiated? The answer:(Para-phrasing) “We have limited resources and would be unable to prosecute EVERY incident. It is up to the individual citizens to make their complaints to the Attorney Generals office. However, the best place to start would be with your local Sheriff’s Departments and District Attorneys.”

Taking the Attorney General’s advice, some concerned citizens arranged for a meeting with a local Georgia County Sheriff and the County’s District Attorney and their reaction was quite unnerving. Para-phrasing the Sheriff: “The legislators always do this. Pass a law and then expect local law enforcement to investigate, arrest and prosecute. Small towns have limited resources and manpower.”

The local District Attorney (who seemed not to grasp the concept that this is not a civil matter, but a criminal one) echoed the Sheriff’s comments.

Georgia is a non-judicial foreclosure state, which means unless the homeowner sues in Superior Court, their arguments of forgery, fraud, lack of standing, proof of Foreclosure Mills manufacturing illegal documents – never see the light of day.

To make things worse, the judges in these cases usually rule against the homeowner in favor of the bank.

It seems no one “gets” what is happening here.

Once a Security Deed and Note have been separated, it is a nullity. From the Georgia Senate Research Office: “Critics question whether MERS has a meaningful economic interest in the repayment of mortgages recorded under their registration system and whether they have the authority to initiate foreclosure proceedings. It is unclear whether MERS is an agent or the actual mortgagee. The company claims to be both; however, a company cannot be both an agent and a principal with respect to the same right. If they are the mortgagee, then the mortgage has been separated from the Deed (promissory note). Carpenter v. Logan, an 1872 Supreme Court case, held that a mortgage assigned without the note (Security Deed or Deed to Secure Debt) “is a nullity.” When the note and the mortgage are split, only the person holding the mortgage has a legal right to foreclose. However, the mortgage holder will never experience default because the promise to repay is in the note which they do not hold. Likewise, the note holder may experience default as they hold the promise to repay, but they do not hold the mortgage lien which grants them the right to foreclose. If MERS does not hold both the note and the deed, they may lack standing to initiate foreclosure proceedings in Georgia.”

One’s original “loan” is sold and re-sold and re-sold and eventually is sold (with thousands of other loans) into a large investment “trust”- ultimately overseen by Fannie Mae or Freddie Mac.

Yes. It’s complicated.

But crimes HAVE been committed. And SOME states are doing something about it.

And if cities, towns, counties and hamlets do not “have the resources and manpower” to enforce the LAW of Wrongful Foreclosure- then ALL Foreclosures should be halted immediately.

Until this ungodly mess can be stopped. And the guilty can be arrested, prosecuted, jailed and fined for their crimes.

“Servicers” are NOT the Secured Creditor of the Debt. They lack standing to foreclose.

I would suggest that everyone reading this article and having knowledge of Wrongful Foreclosure, contact your elected officials, Attorneys General, Deed Registrars and most importantly THE MEDIA.

Please share this information via your Social Networks (Facebook, Twitter, etc) and via e-mail.

Demand an IMMEDIATE HALT to Foreclosures- and the investigation, prosecution and arrest of everyone involved in these crimes against America.

Report criminals at this link. This is Tyranny.

You should be mad as hell- as a taxpayer who has already bailed out these big banks.

With this new Law in Georgia The Buck Should Stop HERE and NOW!

Foreclosures are being stopped in other states- Why not Georgia- “The Most Corrupt?”

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  1. alexander says:

    This article is very true!!our GA leaders continue to sit by while foreclosure mills steal our homes. Attorney Mike Campbell admitted to creating (fabricating) dees and anassignment for Citi Res in my case. Deklab D.A Mcord did nothing. He sad it was too many involved and would be hard to prove. A few months later Ga foreclosure attorney admitted to the fraud. Wow. We need help

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