Examining Things
I was examining one day a financial statement from a mortgage servicer to a friend. We were trying to figure out where all the money went. I bought a car once and was trying to figure out why an $11,650 purchase added up to $16,324 out the door, and I was reading down the window sticker to see where the money went, and sure enough it was all clearly understandable in about five minutes. Naturally this was before America had even imagined having a CFPB, or 18,000 pages of regulations governing the purchase of an Oldsmobile. I don't think we even have Oldsmobiles any more. We encountered a lot of Code 168 Property Preservation, going back a few years. We were not aware at the time that our bank was helping preserve our property, although we would have certainly appreciated the assistance the time the icemaker sprung a leak and we had to quickly find the little chinese connection and get it replaced. An extra hand taping and painting is always welcome, but we recalled that we were the only property preservers on hand that day. Code 633 covered miscellaneous foreclosure and bankruptcy expense, and some of these charges were very prescient, as we had experienced no foreclosure or bankruptcy at the time. Actually, we were experiencing miscellaneous expenses, but we were very aware of who and how much, and were certainly unaware of our mortgage servicer in coral gables having his own expenses. Our trustee was also unaware, when he became involved much later on. Code 632 were charges for attorney advances. It appears we were being charged for a batch of attorneys, without a letter of engagement or a judge's order, the only two ways an attorney gets paid. We certainly don't know what these attorneys were doing, or where they were doing it. Attorneys don't work cheap, that much we do know. There were also some Code 630 attorney advances, obviously specialists. Code 766 covered miscellaneous repayments. We were trying to figure how many miscellaneous things we bought that year, or if we were still paying for the miscellaneous stuff. I remember my Oldsmobile had a lot of stuff added on, but even Generous Motors never attempted to market miscellaneous stuff. I'm sure they consulted with their lawyers if it were possible, and I'm sure their lawyers cautioned them properly. We also had some Code 601 Miscellaneous Corporate Disbursements. Code 745 went to Corporate Advance Adjustments and Code 147 went to Misapplication Reversal. There seemed to be only 766 categories of extras, and we were not charged any 400s or 500s so we fed everything we knew in the computer and started to compute them all up. Our computer crashed.
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HOWTO Not Lose Your Foreclosure Case
1) Don't ask. No one will volunteer damaging information. 2) Don't state a claim. If you have no claim, why are you here? 3) Challenge your opponent. Challenge every piece of information. Your opponent is building a case on sand. Attack the foundation. 4) Build your case on bedrock principle. Thou shalt not steal. OTOH, You shall not surrender. 5) READ THE RULES. The rules and regulations are built to enforce EQUALITY before the law. If your opponent knows the rules, and you don't, you are already at a significant disadvantage. What is the average survival time of a pilot entering Instrument Flight Conditions and not operating under Instrument Flight Rules? About 38 seconds. 6) Your judge might make an error. Many judges do. The most common errors are written up in appeals by people who have been in your position. READ the Appeals. Don't go there. 7) Argue your own case. Your opponent is constructing bunny trails. They are built just for you. Argue your own case. 8) Your opponent might lie, especially for financial gain. Lying is not acceptable in court. Such evidence will be removed, or such comment will be stricken from the record, and the jury will be instructed to disregard such prevarication. YOU will have to object. No one else will. What, is there a mouse in your pocket? 9) Meet all your time commitments. Your opponent has 850 lawyers. Maybe you don't. If you fail to prosecute your case in a timely fashion, your case will be dismissed. 10) Present your case to a jury. Your judge may be corrupt. Many judges are. It is unlikely that more than two or three jurors are corrupt. That gives you nine or ten fair hearings. In a civil trial, you only need a preponderance of the jury to prevail. “Every morning in Africa, a gazelle wakes up, it knows it must outrun the fastest lion or it will be killed. Every morning in Africa, a lion wakes up. It knows it must run faster than the slowest gazelle, or it will starve. It doesn't matter whether you're the lion or a gazelle-when the sun comes up, you'd better be running.”
― Christopher McDougall, Born to Run: A Hidden Tribe, Superathletes, and the Greatest Race the World Has Never Seen Three men hung on their crosses in the hot sun, in a colony far from civilization, receiving due process. One of the men opened his mouth, and changed his destiny. Do not remain silent. It is your choice.
Federal Rules of Civil Procedure Rule 38
Federal Rules of Appellate Procedure Rule 3 Financial Institution Recovery, Reform and Enforcement Act of 1989 (FIRREA) Dodd-Frank Financial Reform Act of 2012 Real Estate Settlement Procedures Act of 2015 (The TILA-RESPA Final Rule) The Decalogue 20:15-17 Commentaries on the Laws of England - Wm. Blackstone Fed Up! - Rick Perry Win Your Case - Gerry Spence Greedy Bastards - Dylan Ratigan Web of Debt - Ellen Hodgson Brown Do - A. C. Ping A Fighting Chance - Elizabeth Warren Bull By The Horns - Sheila Bair The Merchant of Venice - Wm. Shakespeare The Revolution - Ron Paul All The Devils Are Here: The Hidden History of the Financial Crisis - Bethany McLean and Joe Nocera Broke - Glenn Beck The Best Way to Rob a Bank Is to Own One - Bill Black Know How - Ram Charan The No Asshole Rule - Robert Sutton The Big Short: Inside the Doomsday Machine - Michael Lewis ...and hear more.... The Law Hour and Editorial Review - www.GeorgeGordon.org But what if it was?
What if the apparently intractable cultural issues that you take for granted were instead seen as problems on your desk, things you could influence? What if the rules others take for granted are seen by you and your team as standards you can change? What if we take the responsibility instead of waiting for it to be offered? -from Guest Speaker today Seth Godin Hi Steve-
Since I've been thinking of the Doctrine of Unjust Enrichment all day since you called while I was at HEB, I've worked up a simple presentation to a jury... I bought some milk, bread and eggs, and three muffins. I don't know what they all cost together. I went to the cash register, she scanned the bar codes, I paid her $17.84 on my card. The money will clear from my account to HEB account, probably before midnight. The goal from the clearing company is T+3, or three business days, GMT. I paid a fair price, and HEB made a fair profit. I could have unjustly enriched myself if I had concealed three candy bars in my pocket with my phone. I did not. The cash register lady could have unjustly enriched herself if she had overwritten the cash register by typing in $47.61. Neither of us unjustly enriched ourselves. If HEB were a mortgage company, they could unjustly enrich themselves in many ways- 1. Charge a processing fee for each item. With 18 eggs, possibly a deal of maximum eight items. 2. Come to my refrigerator next day and seize uneaten items for resale to other customers. Charge me $30 for recovery and refrigerated transport, plus debit of the original purchase value. If the other customers only pay $4.21, the government will pay the balance so they are whole. 3. Meanwhile, I am cold and hungry, and pissed. :) Today, we begin. We have decided to take a role in the regulation of the securities industry. First, a SHOCK to the heart. CLEAR!
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AuthorDave McCrae is a retired engineer now settled in Oatmeal, Texas. I trained as a nuclear physicist and for a brief time was able to hold positions operating a small cyclotron, a large computer (CDC-6400 BITD) and as a medical researcher. After a weekend in Cleveland, and learning to weld, I left academia and joined Clan MacRae, constructing large buildings, setting complex machinery, devising manufacturing processes, and operating deepwater submersibles. I had too much fun, and made too much money. The cyclotron was kind of quaint, punch card computers are pretty much extinct, and we still have issues with cancer. Archives
November 2018
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