January 19, 2011 archive

Rapture and Joy

Today I was happy.  The newly elected Governor of my soon to be home state has an adopted black child.  Somehow the news missed such relevant details and or the sparse coverage this non-PC statement/situation.  Guess what.  Well two of the kids I took ATV sledding the other day were black so I might as well come out of the closet on my largest peeve of the left diversity, or rather multi-culturalism at gunpoint.  Yes, that PC concept of Kumbaya which in reality is rendered useless if a globalist parasitic corporate asshole is going to sit on everybody’s face.  Up with real understanding and harmony and down with mixing races intentionally just to keep people down, distraught and confused.

OK, so now that I have pissed off everybody plus my being a little kid at heart I can believe this in it’s entirety.  Few will embrace it for it is too far out there yet it does make sense.  

Why don’t we still have a real and visible space program.

About “the discourse”.

I decry violence.  And I denounce the attack in Tucson.  And I am NOT a gun apologist.

But I do have something to say, that in no way advocates killing, violence, guns, revolution or anything of the sort.

Merely an observation that those in power have advocated policies that have killed, destroyed, committed violence upon, stolen from and destroyed the lives of millions of American citizens.  Policies advocated mostly by Republicans but aided and abetted by Democrats.

And that the sudden talk in the mainstream media about sudden and “senseless” violence has ignored and been abetted by class, economic and other violence committed upon American citizens by the powers in Washington for 30 years.  Up to and including the very thing that is one of the causes of the Tucson shooting: Kicking the mentally ill onto the street, a policy begun under Reagan and continued ever since.

Yes, these people have put their own murderers onto the street, and by forbidding their care from concerns about “taxes” have put self-guided weapons out there that, finally, drew blood, and continue to draw blood.

But we haven’t stopped.

People in Washington have killed millions.  But they do it bloodlessly.  And with invitations to Martha Stewarts’ Vinyard.

So let me get right into it.

Late Night Karaoke


“Getting Even” for 9/11, Again and Again


On January 2, 2002, the total number of civilians killed by American bombs in Afghanistan surpassed the number of Americans who died in the WTC on 9/11, but as far as I can determine, no one in the United States commemorated the ninth anniversary of that grim milestone, on January 2, 2011, and we’re still “getting even” or “getting ahead” by killing more and more civilians in Afghanistan and Iraq and sacrificing the lives of more and more of our own brave soldiers even now, more than nine years later.

Professional Journalists retire Helen Thomas award

Journalists retire award named for Helen Thomas

January 16, 2011

(JTA) — The Society of Professional Journalists retired a lifetime achievement award named for Helen Thomas.

The society’s board on Jan. 14 accepted the recommendation issued by its executive committee on Jan. 8 based on anti-Zionist remarks made by the longtime journalist.

“While we support Helen Thomas’ right to speak her opinion, we condemn her statements in December as offensive and inappropriate,” the executive committee said at the time.

On Dec. 2, in a speech to an Arab-American group in Dearborn, Mich., Thomas, 90, said that Congress, the White House, Hollywood and Wall Street “are owned by the Zionists.”  

The remarks raised fresh concerns about the sincerity of an apology for her remarks last summer to a video blogger that Jews “should get the hell out of Palestine” and “go home” to Poland, Germany and the United States.

The award itself would be retired, officials of the Society of Professional Journalists said.

“The controversy surrounding this award has overshadowed the reason it exists,” the Indianapolis-based national group said in a statement. “To continue offering the award would reignite the controversy each year and take away from its purpose: honoring a lifetime of work in journalism. No individual worthy of such honor should have to face this controversy. No honoree should have to decide if the possible backlash is worth being recognized for his or her contribution to journalism.”

The Society for Professional Journalists, established in 1909, granted Thomas its first lifetime achievement honor in 2000, and pledged to name subsequent awards for her. It has been awarded nine times since its debut. The award has no cash value.

Officials emphasized that Thomas’ 2000 award was not rescinded.

Thomas, born to Lebanese immigrants, for decades was the White House correspondent for the United Press International wire service. She subsequently was a columnist for Hearst Corp., but resigned that post after her comments last summer. She recently began writing a column for a free Virginia weekly newspaper, the Falls Church News-Press.

Wayne State University, Thomas’ alma mater, immediately withdrew its Helen Thomas Spirit of Diversity in the Media Award following her resignation from Hearst.

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Spokane Backpack Defused Monday

The writing of this will not cause any aggravation whatsoever for the PR team, publicists, speechwriters, groupies, and fangurls ‘n guize of the former GOP Vice Presidential Candidate who ran in 2008, nor of the millions of armchair instant psychiatrists now on the innertubalas.  


Status: All clear, but they’re looking for something

Location:  Spokane, Washington

sublocation:  Parade Route

Date: Monday, January 17, 2011

Information Wanted, $20,000 reward.  Subject Should Be Considered Armed and Dangerous. (But notice we are not saying armed with what so nothing is implied. )

Casualties:  None

Potential:  Could Have

Heroes:  3 City Employees

Outcome: Parade Route changed, Item Diffused

Harrill declined to release details of the device, other than to call it a functional [redacted] that could have caused multiple casualties.

The agency released photos of the redacted [thing with armstraps on it that begins with a “b”] and two shirts found inside


 So, She Who Will Not Be Named, you’re just going to have to fundraise on something else this week.    

ME and MERS (Mortgage Electronic Recording System)

I have just asked for permission to appeal to the TN. Supreme Court, in my case, Mills v. First Horizon and MERS.

I am not in default on my mortgage. I just firmly believe that my mortgage lien is invalid and unlawful and because I am a lawyer, I decided to do something about it.  My lien is similar to millions of others around the country, and if the Court ultimately rules in my favor, it could set a major precedent around the country. Because I am not in default, the bank can’t argue that I am a worthless scumbag who doesn’t pay his debts. That hasn’t stopped the bank from arguing that I am trying to get my house for free; no argument is too unconscionable for a bank, especially when the bank is running scared.  Because I am not in default, my case has serious ramifications for all of those mortgages where people have not defaulted, and there are far many more of them than mortgages where the owners face foreclosures.  The very last thing banks want is a court telling them that their mortgage notes are unsecured on their mortgages where people are still paying.

My primary claim is that the MERS lien on my property is invalid.  MERS is the lienholder now of millions of mortgages, but MERS has never lent anybody a dime.  MERS is a corporation with little or no assets and it acts as a strawman lienholder in the place of the real person who is the noteholder.  Traditionally, the noteholder and lienholder have been the same entity.  But securitzation changed all that.  Now the lienholder, in most of the securitized loans from Wall Street, is MERS, an entity the property owner never owes.  The note and the lien are now held by separate entities and have become physically separated from each other.  

My primary argument is that this physical separation of the noteholder and lienholder creates a huge public deed recordation problem, which I argue makes the lien void as being against public policy.  The separation of the note and deed of trust are deliberate and intentional. The public policy nightmare is that through the use of MERS as a strawman lienholder, the recordation process is transformed from a public, transparent and open system to a private, secretive, one.  

With these securitized loans, one can no longer go to the deed records and learn the identity of who must be paid to get a release of the lien.  All one can find out is that MERS has the lien, but one can’t find out who one owes; so the public deed recordation system now has become a sham.  Everybody must now learn what they can from private sources — such as the MERS website and from the websites of entities like Fannie Mae or Freddie Mac who claim to hold many of the mortgages.  But in reality, you can’t learn anything from these websites that is of much importance, and you certainly can’t clean up the title problem that is created when a lienholder is not the same person as the noteholder.

I also allege my lien is void or invalid for several other noteworthy reasons.  Many of these liens, like mine, state that MERS is the beneficiary of the deed of trust.  Several courts have already held that MERS is not a true beneficiary because MERS is never owed anything, and for a deed of trust to be valid it must have a true beneficiary.  When a piece of property is sold at foreclosure the proceeds are supposed to go to the noteholder, who is normally the beneficiary.  But when the beneficiary is MERS, the proceeds of a foreclosure sale go to an entity that is not owed anything — they do not go to the noteholder who is owed.  So one never knows whether MERS actually sends the proceeds of any foreclosure sale to the noteholder.  This creates another huge title problem for foreclosed property.  But it also creates a problem for the foreclosed owner who has no way of knowing whether the proceeds of the sale of his property actually went to the person who was owed.

I also allege that my note is lost and the lien fails for lack of an enforceable note. A copy of a note is ordinarily not anymore enforceable than a copy of a check is capable of being cashed.  

I also allege that the purported noteholder is unknown, and my servicer, as the agent of the noteholder, has no authority to demand payments of me without disclosing the identity of the noteholder, who is its principal. I have asked my servicer for proof of authority to act on behalf of the noteholder, its principal.  Until the servicer provides this proof, I have asked for a cease and desist order against the servicer sending me any more payment demands.

And I have asked for many more things – including the return of my payments on my second lien note, which after I paid it off, never had the original note returned to me.  Apparently, the bank lost or destroyed my second mortgage note, and thus could not deliver it to me when I paid it off.  Without the original note, the bank has no proof that I owed it anything, so I am asking for my money back.

The TN Court of appeals held my case “was not ripe for adjudication” because I am not in default, and because no one is trying to collect against me on my paid off second mortgage lien note.  By ruling that my case “was not ripe for adjudication” they avoided all of the critical issues of my case.  By every existing legal standard, my case was ripe for adjudication.

My application to the Supreme Court of TN was filed on Friday September, 11, 2011. The Supreme Court of TN does not have to hear my case; it is a discretionary appeal.  

I sincerely hope the Supreme Court of TN will take the case because the Court of Appeals reversed/ignored existing law in order to avoid having to address the real issues of my case, and because the opinion is just simply awful and is now the law in TN.  Every lawyer I know who reads the Court of Appeals opinion just howls. It is so obvious that the Court of Appeals did everything possible to avoid having to address the real issues of my case; and in so doing, made some really bad law, reversing well established good law.

For those who might be interested, a copy of my application to the TN Sup Ct. can be found here:


See the positively awful TN Court of Appeals decision here:


Arrrrrghhh !!!

As Lieberman deliberated, the new chair of the Democratic Senatorial Campaign Committee, Sen. Patty Murray (D-Wash.), told HuffPost that the party would consider supporting Lieberman if he returned to the fold.


Joe Lieberman,Senator Joe Lieberman

Joe & George the President

The feeling of ill will is mutual: Lieberman said during the health care debate that one reason he opposed a Medicare buy-in compromise was that progressives were embracing it.

Joe Lieberman and John McCain

Joe & John the Presidential Candidate

March 20, 2003

” What we are doing here is not only in the interest of the safety of the American people. Believe me, Saddam Hussein would have used these weapons against us eventually or given them to terrorists who would have. But what we are doing here, in overthrowing Saddam and removing those weapons of mass destruction and taking them into our control, is good for the security of people all over the world, including the Iraqi people themselves.”


John McCain Joe Lieberman,McCain,Lieberman

Joe and John in Iraq

September 29, 2011.    10 years and 18 days after 9-11 attacks on NYC

” It is time for us to take steps that make clear that if diplomatic and economic strategies continue to fail to change Iran’s nuclear policies, a military strike is not just a remote possibility in the abstract, but a real and credible alternative policy that we and our allies are ready to exercise.

It is time to retire our ambiguous mantra about all options remaining on the table. It is time for our message to our friends and enemies in the region to become clearer: namely, that we will prevent Iran from acquiring a nuclear weapons capability — by peaceful means if we possibly can, but with military force if we absolutely must. A military strike against Iran’s nuclear facilities entails risks and costs, but I am convinced that the risks and costs of allowing Iran to obtain a nuclear weapons capability are much greater.

Some have suggested that we should simply learn to live with a nuclear Iran and pledge to contain it. In my judgment, that would be a grave mistake. As one Arab leader I recently spoke with pointed out, how could anyone count on the United States to go to war to defend them against a nuclear-armed Iran, if we were unwilling to go to war to prevent a nuclear-armed Iran? Having tried and failed to stop Iran’s nuclear breakout, our country would be a poor position to contain its consequences.

I also believe it would be a failure of U.S. leadership if this situation reaches the point where the Israelis decide to attempt a unilateral strike on Iran. If military action must come, the United States is in the strongest position to confront Iran and manage the regional consequences. This is not a responsibility we should outsource. We can and should coordinate with our many allies who share our interest in stopping a nuclear Iran, but we cannot delegate our global responsibilities to them.”



The Week in Editorial Cartoons – Incendiary Political Rhetoric: Just Words?

Crossposted at Daily Kos and The Stars Hollow Gazette

Jen Sorensen, Slowpoke, Buy this cartoon

:: ::

Sorensen writes on her blog:

What really drives me nuts in the wake of the Giffords shooting is the chorus of voices — mostly on the right — tut-tutting that “we can’t jump to conclusions.”  As though they are the source of caution and reason and all things prudent and high-minded.  Well, guess what: your candidates are anything but.  I don’t really care whether Loughner is schizo, or what particular bits of tea party propaganda he swallowed or didn’t.  If you don’t find the violent language of the right utterly repugnant, then it’s a sign of how far we’ve drifted away from normalcy in this country.