Friday, March 11, 2011

Political Hatchet Job Destroying McNair's Adverse Possession Dream to House Homeless Families

How on God's Green Earth can ANY government entity encumber legislatively protected Adverse Possession (AP) of realty in foreclosure when every state in the nation faces this utter disaster?

Foreclosures and Job Loss = HOMELESS CHILDREN


Sheriff Harasses AP Occupants, Hoping to Find a Crime in AP


I received a report today that a Manatee County, Florida woman who had to leave the adversely possessed house she lived in met a deputy sheriff who wanted her to testify against Joel McNair for some imagined crime.  She declined, telling the investigator that she loved McNair’s program for putting families into affordable homes, and considerd him an angel sent by God.

Sheriffs Harass APers for Homeless Ministries

Joel McNair, you might recall, spent nearly a month in jail and paid $12,000 to a bail bondsman after Sarasota County Sheriff deputies arrested him for scheme to defraud and grand theft.  They have not dropped the charges even though the Assistant State Attorney told Joel’s attorney they had no case and could prove no wrongdoing.  I examined the probable cause affidavits and found that at least one affiant seemed to have committed felony perjury, probably under orders from on high. 

Clearly, Sarasota County’s authorities intend to crucify McNair for helping homeless families get a house to live in through his adverse possession program.  The program hurts NO ONE and helps EVERYONE involved, including the lenders, homeowner, community, county, and law enforcers by increasing property values and reducing crime, and finding lodging for families who otherwise would have to winter in tent cities or sleazy motels.

Does that seem right to you?  Should politicians and law enforcers enforce a veritable Angel from God for helping suffering, homeless families have a nice place to live in – a modest home in a decent community?

Also, look at this thread between me and APer Cheryl Kissel.  She spent thousands of dollars paying taxes and fixing up the abandoned home she APed 

> Cheryl,
> I heard that the sheriff snatched you up from the house you had adversely possessed, and that you lost a bunch of money as a result. I hope you
have seen my adverse possession writings since I last spoke with you. 
> See the letter to the Sarasota sheriff at http://bobhurt.blogspot.com.
> Contact Joel McNair right now - joel@mcnair.com, or call 941 737 7919

Bob:
Yes, the sheriff's used force and coercion to get me out of the 1st one and I DO want to go after them.  Can you believe in the wisdom of the County Commissioners...he IS NOT bonded!  I have hit a brick wall with admin court AND FDLE...so I guess I need to sue.

I do have a small claims hearing against the owner on March 1st to recover my expenses...but she is in foreclosure and I NEED the lien/judgement on hr house...not her personally.

I would LOVE to speak with Joel.  It's sunday...I'm available, but want to respect that others may not work on weekends.  352-419-6067

News reports indicate that Polk County’s Sheriff arrested 4 people for Adverse Possession recently.  Such harassment continues in AP (foreclosure) hotspot counties around the state.  Officials seem determined to persecute those who help others in the face of the joblessness and foreclosure crisis.

See my AP-related blog postings on this subject here:


If you disagree with Sarasota County’s abusive campaign against McNair and his efforts to help suffering families that have no other affordable alternative, maybe you should write to the Sarasota Sheriff and tell him to CALL OFF HIS STORM TROOPERS.  The deputies have made their rounds to numerous members of McNair’s program and interrogated them, seeking any crime of which they might accuse McNair.  They upset the occupants of the adversely possessed homes, and some flee because of police pressure and exposure to risk that the deputies imply.  Clearly, the Sheriff and possibly the State Attorney want to destroy McNair AND his beneficial adverse possession program.

Write your disapproval to the sheriff at this email address:

SRQsher@scgov.net

Ask yourself this nagging question:  Does the Governor support Sheriff efforts to undermine Adverse Possession law by arresting adverse possessors for Breaking and Entering,  Grand Theft, and Scheme to Defraud?  Does the Governor WANT thousands of displaced, impoverished families to hunker down in sleazy motels and inadequate, risky homeless shelters, when Adverse Possession programs like McNair’s shine brightly as temporary alternative?

Maybe you should ask the Governor personally:

850-488-7146



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Wednesday, March 09, 2011

Adverse Possession, Sheriff Fraud, and the Fate of Joel McNair

Attention Tampa Bay Area News Reporters:

I study law and I write.  See my links below.  I started my Lawmen E-Letter at a Google group on 1 May 2006 and have posted over 4,000 messages to it since.  I am not an attorney, I do not practice law, and I do not give legal advice.  I educate.  I focus my writings mostly on law and keeping government honest.  I discovered massive errors in Florida loyalty oaths in 2006 and my efforts led government to correct some of them in 2007.  I wrote about it in my report Loyalty Oaths in Florida. Lately I have focused most on foreclosure defense and have conducted two seminars on the subject.

I write to all of you because you reported stories regarding adverse possession, a topic that interests me because of its potential kinship to foreclosure and its public benefit.  Most of you reported about Joel McNair of Sarasota, who has 60 or more houses in adverse possession.  He set up a membership for people seeking a home.  He charges an initiation fee, monthly membership dues, and other fees, then puts members into a house that he adversely possessed and maintains for that purpose.  The Sarasota Sheriff's Office (SSO) arrested him twice for grand theft and scheme to defraud in association with the enterprise.  Some rightful owners who had abandoned the realty he AP'd complained that he trespassed or took some personal possessions that remained in the house, etc.  The Assistant State Attorney David Bouviane from the 12th Circuit State Attorney Office has yet to indict him.

I write to encourage you to reopen your investigation and FOLLOW RELATED DETAILS CLOSELY, reporting it to your audiences.  Why?  Because my  discoveries suggest fraud and conspiracy in the SSO, possibly in the SAO, and possibly in league with officials of the Polk County Sheriff's Office (PCSO) and 10th Circuit State Attorney.

I obtained the probable cause affidavits and arrest warrants for McNair from the SSO under the sunshine laws.  I studied them.  The affidavits contain identical charging boiler plate language and an array of facts that, in my opinion, cannot possibly support such charges.  One or more of the affidavits contains strong evidence of perjury under oath, a 3rd degre felony that warrants immediate arrest of the perjurer.  I have listened to the recorded interview between SSO officials and Joel McNair.  In it McNair clearly explained the nature of his enterprise and its support by Florida Statutes 95.12 through 95.18, the Adverse Possession statutes.  The explanation contained NONE of the elements that would justify the charges that led to his arrest.  And yet, the SSO caused his first arrest on related charges a few days after the interview.

I believe the SSO arrested McNair as a consequence of a politically motivated conspiracy to imprison him for his novel use of AP laws.  The court set bail at $120,000 for the two arrests.  He must have paid a bail bondsman $12,000 to get out of jail.  Obviously, the SSO intends to crush him financially so he cannot sustain his enterprise or defend himself against their attack.  Their attack seems brutal and mean-spirited to me.  And it ignores the benefits he gives to the community through his program.

I suggest that you all get busy investigating the possible conspiracies involving and collusion between SSO and PCSO intended to destroy anybody who tries to make an enterprise out of adverse possession.

You ought to do your own homework on this point of law.  Adverse Possession constitutes a time-honored, legislature-approved tradition of putting realty to its highest, best use.  It gives rightful owners a 7-year window of opportunity to use the court to move adverse possessors off their land.  See my blog articles for insights as to the benefits of adverse possession to communities and rightful owners.

http://bobhurt.blogspot.com/2011/02/adverse-possessor-joel-mcnair-arrested.html
http://bobhurt.blogspot.com/2011/02/comments-on-adverse-possession-in-era.html

I have started working on articles about
  • The Crimes of the SSO and 12th Circuit Courts in the McNair Case
  • The thin line between AP and Crimes of Trespass, B&E, Grand Theft
  • How AP Benefits Rightful Owners and the Community
  • Checklist for taking AP of "abandoned" realty.

I have attached 4 related files that you might find useful:
  • Harvard Law Review article from 1917 on AP
  • A Mockup of a Letter giving notice of AP benefits to a Rightful Owner
  • A PARTIAL analysis of the probable cause affidavit and arrest warrant (incomplete, and needs to include ALL the docs I obtained from SSO)
  • One of the Probable Cause and Arrest Warrant documents from SSO
I imagine if you contact McNair, he will gladly give you additional documents, such as legal research to support his activities, recordings of interviews, and the information packet he supplies his members.  I shall send him this message at joel@mcnair.com to let him know that I have contacted you about this.

I never knew or heard of McNair till after your articles appeared on the internet.  I have no business connection to him.  I have interviewed him and looked at his paperwork related to AP.  I understand his program to help others obtain affordable housing through AP.  I plan to obtain a list of some of his members and interview them.  I understand from him that CNN sent a crew to interview him week before last for over 3 hours.  Fortunately for all of YOU, they don't seem to have aired the interview yet.  Maybe if you do some follow up work, you can expose the crookedness I discovered in the SSO affidavits and the Court's warrant to your readers.  You might also write an update about his case, his enterprise, and the effect of nearly a month of related incarceration on his life.  MAYBE, you can interview some of McNair's members and find out FIRST HAND what they think of his program.  You might ask the SSO whether they have any reports from foreclosure plaintiffs of any injury from or by McNair with respect to AP of realty in which they claim to have an interest.  You might interview the deputies who drafted those Probable Cause Affidavits and ask who provided them with this charging boiler plate they inserted in them:

"Therefore this affiant believes that the adverse possession statute does not apply and that the defendant be charged with Scheme to Defraud as per FSS 817.034(3)(D) and Grand Theft as per FSS 812.014(2)a(1) in that: " [goes on to cite the two charges from the paragraphs in the statutes]

On their faces the affidavits prove the charging statements fraudulent.  Why? 
  1. First, the member occupants of the AP houses explained the membership program.  They KNEW THEY DID NOT RENT OR LEASE the property from McNair.  One gave the deputy the actual membership document that explained the money, and they corroborated what McNair said in his interview with SSO. 
  2. The AP law makes it clear that the owner may recover the abandoned realty any time within 7 years.  Since McNair files AP notices for most of them (and has a year after taking possession to do so), he showed thereby his knowledge that he could not possibly deprive the owner of the right or benefit of the property IF the owner only claimed it properly through court action. 
  3. The AP laws make it obvious that the Legislature contemplated PRECISELY this kind of situation - that people would abandon or ignore their land and that a squatter, by maintaining it, paying taxes and special liens and HOA dues, might after 7 years remove the rightful owner's right to dispossess the squatter.  Thus, AP cannot possibly, any way under the sun, commit grand theft of the realty.
  4. McNair revealed his AP status to all of his members, so he did not defraud them OR the rightful owner.

The judge who signed the arrest warrant should have seen the phrase "this affiant believes" as an utter invalidation of the affidavit which requires the affiant to state concrete first hand knowledge of the facts leading to an assessment that the defendant had committed a crime.  "Belief" does not comport with deprivation of liberty.  The judge should have thrown the affidavit out, ordered the deputy taken into custody for perjury under oath, and ordered the arrest of the senior officer or prosecutor who spoon-fed the above charging boilerplate to the deputy for insertion into the affidavit.  And I believe McNair has an excellent civil rights, false arrest, and wrongful imprisonment case against the judge and the SSO.  If you doubt this, look up the Tampa Trezevant case in your archives:  Trezevant v. City of Tampa, 741 F.2d 336, (11th Cir. 1984).  Or click here:

http://openjurist.org/741/f2d/336/trezevant-v-city-of-tampa-c-trezevant

Trezevant spent a few hours in jail because he walked through the wrong door to pay a bond for a bogus traffic arrest in Tampa.  He won a jury award for violation of his constitutional rights.


"Evidence that motorist cited for traffic violation was incarcerated for 23 minutes during booking process, even though he had never been arrested and at all times had sufficient cash on hand to post bond pending court disposition of citation, was sufficient to support finding that municipality employing officer who cited motorist and county board of criminal justice, which operated facility in which motorist was incarcerated, had unconstitutionally deprived motorist of his right to liberty. 42 U.S.C.A. Sec. 1983." Trezevant v. City of Tampa (1984) 741 F.2d 336, hn. 1
"Jury verdict of $25,000 in favor of motorist who was unconstitutionally deprived of his liberty when incarcerated during booking process following citation for traffic violation was not excessive in view of evidence of motorist's back pain during period of incarceration and jailor's refusal to provide medical treatment, as well as fact that motorist was clearly entitled to compensation for incarceration itself and for mental anguish that he had suffered from entire episode. 42 U.S.C.A. Sec. 1983." Trezevant v. City of Tampa (1984) 741 F.2d 336, hn. 5

The City of Tampa loathed the verdict and monetary award.  They appealed and lost.  The appeal ruling contains this:


Applying this standard to the case at bar, the City of Tampa and HBCJ would have us find that there was no evidence of a policy that caused the deprivation of the plaintiff's rights. They would each have us look at their actions in this matter individually. The City of Tampa contends that Officer Eicholz properly escorted Mr. Trezevant to central booking and turned him over to HBCJ for processing. The City argues that once Officer Eicholz reached the booking desk and handed the citations to the deputy on duty, the City was absolved of all further responsibility. Even though Officer Eicholz was present and observed that Mr. Trezevant was being incarcerated, the City believes that Officer Eicholz had no responsibility to object to the incarceration.

The United States Court of Appeals for the Fifth Circuit has recently dealt with a similar legal issue. In Garris v. Rowland, 678 F.2d 1264 (5th Cir.1982), a warrant was issued and Mr. Garris was arrested even though a follow-up investigation prior to Mr. Garris' arrest had revealed that the charges against Mr. Garris were without substance. The Court found that while the City of Fort Worth Police Department had a policy that required follow-up investigations by a second police officer, there was no policy to coordinate the follow-up investigations with the original investigation so as to prevent the arrest of innocent people:

The HBCJ, on the other hand, argues that it did nothing wrong because all that its personnel did was accept a prisoner from Officer Eicholz on citations that were marked for arrest.3 The HBCJ would have us hold that their deputy did not do anything wrong because he believed in good faith that Mr. Trezevant was under arrest and that the deputy had no obligation to make any inquiry of Officer Eicholz concerning Mr. Trezevant's status. We cannot agree with either the city or the HBCJ.

The United States Court of Appeals for the Fifth Circuit has recently dealt with a similar legal issue. In Garris v. Rowland, 678 F.2d 1264 (5th Cir.1982), a warrant was issued and Mr. Garris was arrested even though a follow-up investigation prior to Mr. Garris' arrest had revealed that the charges against Mr. Garris were without substance. The Court found that while the City of Fort Worth Police Department had a policy that required follow-up investigations by a second police officer, there was no policy to coordinate the follow-up investigations with the original investigation so as to prevent the arrest of innocent people:

There was no policy or method providing for cross-referencing of information within the department to prevent 'unfounded' arrests such as occurred here, nor was there a policy providing for the follow-up investigator ... to check with the original investigator ..., who in this case was aware of Rowland's intention to arrest Garris and could have prevented such action. In summary, the record establishes that during this entire police operation, leading up to Garris' unlawful arrest, numerous mistakes occurred, all of which resulted from various officers carrying out the policies and procedures of the Fort Worth Police Department.

Garris, 678 F.2d at 1275. We find this reasoning to be persuasive.

In the case at bar, Mr. Trezevant's incarceration was the result of numerous mistakes which were caused by the policemen and deputies carrying out the policies and procedures of the City of Tampa and the HBCJ. There was certainly sufficient evidence for the jury to find, as it did, that pursuant to official policy Officer Eicholz escorted Mr. Trezevant to central booking where he was to be incarcerated until the HBCJ personnel could process the paper work for his bond. We cannot view the actions of Officer Eicholz and the jailer in a vacuum. Each was a participant in a series of events that was to implement the official joint policy of the City of Tampa and the HBCJ.4 The failure of the procedure to adequately protect the constitutional rights of Mr. Trezevant was the direct result of the inadequacies of the policy established by these defendants. The trial court correctly denied the motions for directed verdict and submitted the case to the jury.

In Gilmere v. City of Atlanta, 737 F.2d 894 (11th Cir.1984), this court explained that a municipality may be liable under 42 U.S.C. Sec. 1983 (1982) if unconstitutional action is taken to implement or execute a policy statement, ordinance, regulation or officially adopted and promulgated decision. Gilmere at 901. Liability may also attach where the unconstitutional deprivation is "visited pursuant to government 'custom' even though such custom has not received formal approval through the body's official decision making channels." Gilmere at 901 (quoting Monell v. Department of Social Services, 436 U.S. 658, at 690-91, 98 S.Ct. 2018 at 2035-36, 56 L.Ed.2d 611, rev'g in part Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961)). However, the "official policy or custom must be the moving force of the constitutional violation" before civil liability will attach under Sec. 1983. Gilmere, 737 F.2d at 901 (quoting Polk County v. Dodson, 454 U.S. 312, 102 S.Ct. 445, 454, 70 L.Ed.2d 509 (1981)).
You can see from these comments the disdain the 11th DCA feels for municipalities that deprive citizens like McNair of constitutional rights.  Chief among them:  the right to privacy and to be left alone, and that no warrant shall issue but upon probable cause supported by oath or affidavit.  Implicitly, the Courts must punish those who swear falsely in order to effect the arrest and incarceration of an innocent man like McNair who uses the law to the advantage of himself and his members.


And MAYBE if you investigate the foreclosure issues, you can find a disgusting array of frauds like those below that call into question their right to force a sale of the realty in foreclosure which coerces rightful owners into abandoning their homes:
  • appraisal fraud - buyers pay 30% to 60% more than actual value
  • closing table fraud
  • induced fraud in signing bogus note and mortgage
  • lending fraud through which the borrower funded his own loan
  • Constructive destruction of the negotiable instrument status of the note
  • Separation of note and mortgage without contract of agency
  • fraudulent securitization of borrower chattel (the actual note)
  • Conversion of the note to economic benefit of lender without borrower's authority
  • Government-Financial Industry conspiracy to destroy equity and jobs, precipitating the foreclosure crisis
  • Oligarchic illegal operation of "Rocket Docket' Courts to help bogus foreclosers STEAL realty.
From what I can tell, you have ALL fallen asleep at the wheel.  You have the biggest juiciest stories in front of your noses that prove conspiracy between gov and biz to destroy home ownership in America, and YOU IGNORE THEM.  If you don't believe this, Contact MalcolmDoney at comcast dot net and get his story.  Malcolm, an English multimillionaire immigrant to the USA, lost his fortune in the real estate value collapse.  He left this morning for the "Rally in Tally" to tell legislators what they must do to repair this mess.  See his web site at http://dolphindevelopments.com.  He and I both can provide you with a roadmap to the fraud.  So can Tampa attorney Randy Reder and St Pete attorney Matthew Weidner.

If you want proof of appraisal fraud RIFE in Florida, contact Mortgage Attack, 727 669 5511.


EVERY FORECLOSURE VICTIM should file a Quiet Title and fraud action against the array of perps who cheated them in their realty purchase, mortgage, and securitization, BEFORE foreclosure happens.  The facts fully justify it.

If you doubt this at all, visit http://fcic.gov and read the Financial Crisis Inquiry Commission report for yourself.


I have one sticking point in all this AP  stuff:  I don't feel good that a rightful owner might abandon the realty and yet return to it from time to time to get mail, or leave personal items behind which disappear prior to or in the process of adverse possession.  Your report, if you deign to do another, should flesh out this issue.  I personally believe that if one who abandons the property can only blame oneself for disappearance of personal items left behind.  I asked McNair about this.  He said that he had no idea that anyone left anything behind.  He tells his crew to clean the place up, mow the grass, and dispose of any junk.  Well, maybe that procedure deserves some review and refinement.  People who abandon realty usually suffer emotionally and feel terrible about having to fo, so they leave a shoe in the door, so to speak.  Or maybe they move all but a few items to justify returning now and then for a visit.

One woman said she left a filing cabinet with important papers behind.  Should an APer box up and store such personal items for he rightful owner?  Or should he consider it junk?  What if the rightful owner abandons the place with the electricity and water still on?  How should an APer determine that the rightful owner abandoned the place and did not merely use it seasonally, moving possessions and furnshings in upon arrival, and out upon departure?

McNair told me he verifies that the property has an active lis pendens on record with the county clerk before taking adverse possession.  That would mean someone, like a foreclosure plaintiff, has challenged right to the realty, and so a dispute over right to dispose of the property definitely exists.   If asked, I would advise an abandoner to remove all valuable chattels from the realty.  Otherwise, vandals and thieves might feel incentive to destroy or steal it.  Abandoners should know that abandoning chattels in an otherwise empty house clearly indicates they don't want it. They should know the AP laws and realize that abandoning the property opens the door to adverse possession and loss of residual chattels.

Not to rub salt in a wound, the media should remind realty owners of the lessons of William the Bastard, later known as William the Conqueror for waging a war against the English king, vanquishing his army, killing the king and heirs, and putting the lands of England to a higher, better, Norman use.  Landowners should note that later occupants of William's throne sent minions to destroy most of the American aborigines in the 13 colonies and snatch their land, putting it to a higher, better, English use.  And today Adverse Possessors continue that great, time-honored tradition with the permission of government, albeit bloodlessly, thank God.

Feel free to contact me regarding the above or attached info.  

I'll post this to my blog so that I won't forget that I asked you to pursue this story and show the crookedness of governments who persecute adverse possessors like Joel McNair.  I do hereby ask you.  Open up this government fraud to public scrutiny like a can of Limburger cheese.


--
Bob Hurt - See my Blog
2460 Persian Drive #70
Clearwater, FL 33763
727 669 5511
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Texas' Proposed Domestic-Help Anti-Immigrant Law

Texas Rep Debbie Riddle

Rep Debbie Riddle of Texas wants to get "Tough" on illegal immigrants (Mexicans).

All except for one thing.  They can stay as "hired help" for domestic chores like housekeeper, yard crew, baby sitter, etc.

She thinks ousting ALL illegal aliens would upset the Texas Economy. "That just ain't the way we do it here," she might drawl with a sweet smile.

So, she has sponsored a bill in the Texas Legislature asking for her ideal anti-immigrant law.  Cheap labor can stay. The rest must go.

Domestic Services by Mexicans


I saw an example of this sublime "common sense" when I visited my brother Norogon in Houston last summer. 

One day I answered a knock on the door.  A handsome, smiling, clean young Mexican man stood there.  He wanted to mow Nororogon's disgustingly overgrown lawn.  $10 for the front yard and $10 for the back yard.  Apparently some people don't mow the back as often as the front because they have it enclosed with a wooden fence the neighbors can't see through.  So who cares if the back yard weeds grow a little high?

As I recall from 12 years ago, I had to pay $45 for a man to come mow my Florida yard.  I'd have LOVED the Mexican rates Norogon gets.

Anyway, Norogon turned the young man down because he had another, favorite yard Mexican named Pedro to do the work. 

I met Pedro a couple of days later when he knocked on the door.  He charged the same price, but he dressed more nicely.  He wore polished cowboy boots, tight jeans, a silver belt buckle, western straw hat, and western shirt with bolo tie.  He looked GQ GORGEOUS.  A little while after Norogon gave the go-ahead, I saw Pedro out mowing the yard in the hot July sun.  He did the yard work in his shiny boots, pretty cowboy outfit, and the bolo tie.  He certainly knew how to look good for his customers.

A few days later I met Chiquita, Norogon's house maid.  She cleans the place for him and charges him $30 a visit.

As she hustled through her chores I asked Norogon sotto voce:  "Are they illegal aliens?"

He replied:  "I don't know.  I can't speak Spanish well enough to ask.  Chiquita doesn't speak English.  And Pedro doesn't have time for chit-chat."

"But," I responded, "What if they're illegal aliens?  They shouldn't even BE here!"

Chiquita swished in from the kitchen and handed Norogon and me sweating glasses of iced tea.  Crushed mint leaves floated on top.  It smelled delicious.  She knew what he wanted without his asking.  She flashed an enchanting smile when she caught me eyeing her. 

Norogon  gave me that "You just fell off a turnip truck" look, and muttered "Gracias" with a wink to Chiquita. he slurped a mouthful of tea and munched a bit of mint.  He turned back to his newspaper without another word. I knew the conversation had ended.  I grinned to think that, apparently, Chiquita had taught him a little Spanish.

I have to agree with Debbie Riddle's sentiments, and Norogon's too.  I think it wonderful to buy a lawn job for $20 when the U.S. Citizen yard crews charge $50 or more for the same work plus, maybe, a little flowerbed work.  Most housekeepers charge $60 to $80.  Of course I'd have to charge Norogon $150 to clean his house OR mow his lawn.  Ugh.  Onerous work.

Flies on the Taco of Cheap Mexican Labor


But I guess that skirts the major question here, one that has Mexicans all over Texas protesting the anti-immigration bill.  They say it encourages slavery.  I consider it hypocritical.  As to US immigration law, it seems a simple matter of statistics and procedures.  Illegal immigrants ignore both.

And why shouldn't they?  Mexico's culture puts workers out to pasture, so to speak, as they approach 30 years of age.  By that age, most of them have a spouse and children, and they require higher pay than a single 19-year-old.  They come to the USA for work, any work, so they can feed their families.

Furthermore, any crackdown on illegal immigration will hurt worst those who help the local economy the most.  Actual hard-core criminals, drug and people traffickers, and street thugs will successfully run and hide from law enforcers.  Family people cannot afford such nonsense and will hunker down to avoid detection, or return to Mexico.  So, naturally the hearts of most Texans go out to such illegal immigrants.  Nobody in his right mind wants to see productive mostly law-abiding families get uprooted and forced back to a homeland that doesn't want them.

Guess what?  The popular American complaint about sending American jobs offshore to cheap labor gets somewhat defeated with Debbie's bill.  Unfortunately, the do-gooders in the state will soon demand that people pay the illegal Mexan immigrants a "living wage."  The feds will start prosecuting people who hire them for less than the federal minimum wage.  So even the traditional Texas hospitality will get ruined by federal law.  That will drive domestic service prices right back up to where Texans hate them.  And that will drive a lot of Mexicans out of work and onto the welfare rolls or into street crime.

Hard Questions about 3rd World Immigration

What does the influx of Mexicans and their high rate of procreation do to the average intelligence of the American gene pool, and what will THAT do to US Gross Domestic Product and competitiveness among nations?  As statisticians have proven repeatedly average IQ correlates directly, highly, and causatively to the GDP.  And Mexicans have an average IQ of only 87.  Thus, importing millions of Mexicans for domestic purposes will ultimately cause a dumbing down of the gene pool and lowering of the GDP and increase in infrastructural costs for the medical, housing, welfare, education, and criminal justice systems.  Do people seeking cheap domestic service actually WANT this unfortunate consequence?

Also, if illegal immigrant Mexicans get the cheap labor jobs, of which domestic services constitutes only one kind, what does THAT do to the employability of existing low-IQ segment of America's population?  People need an IQ of at least 85 to graduate from high school.  I calculate these approximate racial group percentages of the US population with IQ below 85, unable to graduate from high school or compete for the better jobs and mates:

  • Caucasians 11%
  • African Americans 7%
  • Mexicans and other non-white Hispanics 7%
This means that about a quarter of the US population has such low intelligence that it will, either through street crime or welfare abuse, become wards of the more intelligent and productive. So, an influx of Mexicans and reduction in the effort to return all illegal immigrants to their homelands will increase the glut of low-IQ people in America.  That will definitely displace low-IQ US citizens from their jobs, especially since illegal immigrants will complain less to authorities about employer abuse.

It would benefit America in the most ideal sense to import people from Hong Kong, Singapore, Korea, Japan, Northeastern China, and Skandinavia because they have the highest average IQ of all national groups.  Unfortunately for Texas home-owners, such people do not willingly become domestic servants.  Faced with such an obligation, they will simply stay in their home countries.  Such immigrants want to become scientists, engineers, educators, attorneys, doctors, entrepreneurs, and leaders of business and society.  You might ask your legislators why they don't set the low IQ limit of immigrants to 110 (the level needed to graduate from college), regardless of the nation of origin.

Furthermore, most of the smart Mexicans left Mexico a long time ago if they did not have ruling positions in society like those of finer Spanish ancestry have.  Now, the USA receives more of the "dregs," including aboriginal tribal Mexicans who cannot even speak Spanish, much less English. California has over a quarter of a million of such tribal aborigines in its immigrant rolls.  When these people get into legal problems, the courts have a hard time finding translators for them.  Since they did not integrate well in Mexican society, they surely won't integrate well in the USA.

America also suffers from importing systemic, endemic corruption at every level of Mexican society, particularly government.  This established practice has migrated into the USA with the arrival of millions upon millions of illegal immigrants.  It encourages graft and corruption in local, state, and federal politics AND governments.  It eats away at constitutional government like a malignant cancer tumor destroys the proper functions of the human body.

So the grand idea will sooner or later backfire on schemers like Debbie Riddle.  And in the final analysis this question reigns supreme:  why should anyone expect impoverished Mexicans to work an array of menial jobs in order to get by in the expensive Texas economy JUST because they have to skulk and hide from authorities?


Bob's Carefully Considered Verdict:  NO

The raw truth of above observations pretty much rots holes in Debbie's PollyAnna notion of letting the Mexican domestic servants remain in the USA.   It violates US immigration law, and greed motivates it.  You might compare it to the way raw bleach would rot holes in those designer cowboy jeans she wears out on her ranch.  It looks good at first blush, but on closer inspection, it looks bad, VERY bad.

My heart goes out to the Chiquitas and Pedros of America.  However, I know that the net effect of their presence in the USA poses serious problems for the nation as a whole, and for border states in particular.  Therefore, I say they must return to Mexico, regardless of how heartless it seems, if they have come to and stayed in the USA illegally. 

Congress argued long and hard to come up with existing immigration laws.  Everyone ought to obey them or change them through lawful political process.

Therefore, Vote NO on Debbie's bill.

--
Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763
727 669 5511
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Tuesday, March 08, 2011

Polk County Charges Atheist with Unauthorized Practice of Law


By MATTHEW PLEASANT and JASON GEARY

Published: Friday, March 4, 2011 at 6:20 a.m. 
Last Modified: Friday, March 4, 2011 at 6:20 a.m.

"LAKELAND -- The legal coordinator for the Atheists of Florida was arrested Thursday on charges that she illegally posed as a licensed attorney, according to the State Attorney's Office."
Summary of the Story, by Bob Hurt, SSM (Senior Stud Muffin) 
This article explained that authorities arrested retired Pennsylvania attorney EllenBeth Wachs, 48, of 5963 Lake Victoria Drive in Lakeland for unauthorized practice of law (UPL), a third-degree felony carrying a 5 year sentence, then released her from Polk County Jail on $1,000 bond.  Wachs had used "Esq." after her name, quoted the law, and claimed to "represent" county atheists, in letters to the Polk County Sheriff's Office (PCSO).  As a result they wrongly believed her a licensed attorney. 

Wachs, Legal Coordinator for Atheists of Florida, had disputed the PCSO's donation of athletic equipment to churches, and unconstitutional official prayer at Lakeland City Commission meetings.  Bartow police also arrested athiest John Albert Kieffer on the prayer issue, accusing him of disorderly conduct, resisting an officer, and possessing prescription drugs without proof.  The Polk County Court will arraign him on 17 March 2011.


Official Opinion of Bob Hurt, SSM (Senior Stud Muffin)

Have City and County officials in Polk County gone INSANE?  Don't they know that ANYBODY can quote law, write scolding letters to sheriffs, and put "Esquire" or any other personal description (like "Senior Stud Muffin") after a name?  Without committing UPL.  For instance, I could refer to PDSO Sheriff Grady Judd as Grady Judd, Corrupt Jackass Sheriff of Polk County.  Would I thereby commit a crime?  No.

Clearly, the officials in Polk County, including Lakeland, believe they can violate the laws and constitutions willy-nilly, in spite of their fraudulent oaths to the contrary.  Who will hold them accountable if the Atheists of Florida don't?

I want to know this.  Why didn't the NewsChief's intrepid reporters tell the truth about UPL?  Why didn't they explain that the crooks in government use the penalty statute 454.23 to persecute  people who stand up for others in legal disputes, and to create a judicial services monopoly?    Why didn't they quote these brilliant analyses of UPL and related monopoies that Dr. George C. Leef wrote for the Cato, Mackinac, and others?



I think it high time for journalists to take their heads out of their butts and start exposing crimes in and by Polk County's Sheriff and State Attorney.

In point of fact, the Legislature has not defined "Practice of Law."  It falls upon the people to plow through Florida Supreme Court rulings to discover its meaning.  You know that will not happen.  Not ever.  This means that the law is UNKNOWABLE to the common folk regarding UPL.  It also means that by defining the Practice of Law, the Supreme Court exceeds its constitutional authority.  Why?  Because no provision in the Constitution authorizes the Supreme Court to "legislate from the bench."

For this reason, a Sheriff should only arrest a person for UPL who asserts "I have authority to practice law" but who cannot prove such authority. 

Otherwise, the UPL statute becomes a tool to oppress people who try to help one other with legal problems or teach their children what the Constitution means.

In other words, NOTHING should constitute the "Practice of Law" except professional behaviors of licensed attorneys.  The same behaviors by non-attorneys cannot possibly constitute UPL so long as the practitioner does not claim licensed attorney status.



Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763
727 669 5511
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Financial Crisis Inquiry Commission Report

Bob Hurt - Scorn for Govt Fraud
An Ectograph of Biz-Gov Fraud, Greed, Racketeering


The United States Government finally figured out what caused the present financial crisis that skyrocketed unemployment to 15% or more, and jammed realty prices down close to their real values, 30% to 60% of their phony 2008 levels.  The government issued its Financial Crisis Inquiry Commission report and posted it on the web.This report explains the financial crisis in gory detail.  


In a nutshell:


EXECUTIVE SUMMARY - Conspiratorial collaboration between government and the banking, mortgage, and insurance industries resulted in unprecedented sale of realty to unqualified buyers, and unauthorized use of notes in commerce known as securitization, coupled with fraudulent derivative sales and widespread appraisal fraud pillaged investors.  Crooked rocket docket courts compounded the problem in judicial foreclosure states by letting crooked lenders, trusts, and servicers steal realty and throw owners into homelessness.


Now you have the bottom line.  But don't take my word for it. Download and read the report here:


Get and Use the FCIC Report in Court


http://www.fcic.gov/

The above site constitutes SELF AUTHENTICATING EVIDENCE, so you can cite probativeexcerpts of it in your foreclosure fraud, appraisal fraud, or mortgage fraud court case.

You can get a screen capture program here for your browser:

http://www.google.com/search?sourceid=chrome&ie=UTF-8&q=browser+screen+capture

You can use it to capture pages of the report for use in pleadings.

The report summarizes the crisis as follows:



Salient Paragraphs of FCIC Report Summary

------------ FCIC summary of crisis, starting page xvi ---------------

In this report, we detail the events of the crisis. But a simple summary, as we see it, is useful at the outset. While the vulnerabilities that created the potential for crisis were years in the making, it was the collapse of the housing bubble—fueled by low interest rates, easy and available credit, scant regulation, and toxic mortgages— that was the spark that ignited a string of events, which led to a full-blown crisis in the fall of 2008. Trillions of dollars in risky mortgages had become embedded throughout the financial system, as mortgage-related securities were packaged, repackaged, and sold to investors around the world. When the bubble burst, hundreds of billions of dollars in losses in mortgages and mortgage-related securities shook markets as well as financial institutions that had significant exposures to those mortgages and had borrowed heavily against them. This happened not just in the United States but around the world. The losses were magnified by derivatives such as synthetic securities.

The crisis reached seismic proportions in September 2008 with the failure of Lehman Brothers and the impending collapse of the insurance giant American International Group (AIG). Panic fanned by a lack of transparency of the balance sheets of major financial institutions, coupled with a tangle of interconnections among institutions perceived to be “too big to fail,” caused the credit markets to seize up. Trading ground to a halt. The stock market plummeted. The economy plunged into a deep recession.

The financial system we examined bears little resemblance to that of our parents’ generation. The changes in the past three decades alone have been remarkable. The  financial markets have become increasingly globalized. Technology has transformed the efficiency, speed, and complexity of financial instruments and transactions. There is broader access to and lower costs of financing than ever before. And the financial sector itself has become a much more dominant force in our economy.

From 1978 to 2007, the amount of debt held by the financial sector soared from $3 trillion to $36 trillion, more than doubling as a share of gross domestic product. The very nature of many Wall Street firms changed—from relatively staid private partnerships to publicly traded corporations taking greater and more diverse kinds of risks. By 2005, the 10 largest U.S. commercial banks held 55% of the industry’s assets, more than double the level held in 1990. On the eve of the crisis in 2006, financial sector profits constituted 27% of all corporate profits in the United States, up from 15% in 1980. Understanding this transformation has been critical to the Commission’s analysis.

Now to our major findings and conclusions, which are based on the facts contained
in this report: they are offered with the hope that lessons may be learned to
help avoid future catastrophe.


-------------------------- End of Summary from FCIC ------------


Much more text accompanies these conclusions in the report.  READ it



Summary of FCIC Report Conclusions

----------------------- Summary of FCIC Conclusions ------------------

  • We conclude this financial crisis was avoidable.
  • We conclude widespread failures in financial regulation and supervision proved devastating to the stability of the nation’s financial markets.
  • We conclude dramatic failures of corporate governance and risk management at many systemically important financial institutions were a key cause of this crisis.
  • We conclude a combination of excessive borrowing, risky investments, and lack of transparency put the financial system on a collision course with crisis.
  • We conclude the government was ill prepared for the crisis, and its inconsistent response added to the uncertainty and panic in the financial markets.
  • We conclude there was a systemic breakdown in accountability and ethics.
  • We conclude collapsing mortgage-lending standards and the mortgage securitization pipeline lit and spread the flame of contagion and crisis.
  • We conclude over-the-counter derivatives contributed significantly to this crisis.
  • We conclude the failures of credit rating agencies were essential cogs in the wheel of financial destruction.
--------------------End of summary of FCIC Conclusions

Bob Hurt's Opinion of the Mess


In my opinion, Presidents George W Bush and Bill Clinton bear serious responsibility for the crisis because of their idiotic ideas of making sure every adult in America who wanted a house could buy a house.  Next in line, the lender banks intentionally sold mortgage loans to unqualified borrowers.  Then, the Federal Reserve and member banks further encouraged the insanity by refusing to control lenders.  Then lenders involved themselves in wrongful securitizations and derivative sales that AIG and others insurers, including the FDIC underwrote.  These and fraudulent appraisals caused the collapse of real estate prices.


However, the report gives scant if any attention to the reality of 30 years of rampant appraisal fraud in which Realtors, mortgage brokers, lenders, appraisers, and some homeowners FLAT OUT LIED about realty values.  Typically, appraisers ignored replacement cost and income capitalization valuation methods, and focused on market value to determine the worth of realty.  And the Federal Reserve repeatedly jockeyed interest rates so that with every reduction, people rushed to buy a bigger house because they could now afford it.  Speculation drove prices higher to the delight of middle class investors.  As a result, inflated prices when the crisis hit stood as much as 3 times higher than the actual value of the realty, particularly in New York and California where the prices got totally insane.


The report did not reveal anything most studious people did not already know.  But it did provide the concrete GOVERNMENT PROOF of the collusion and racketeering at various levels that collapsed realty values and threw people out of work and out of their homes. Serve MANDATORY JUDICIAL NOTICE to courts of this report. Preach its implications of racketeering to all who will listen, particularly legislators and judges.. The time has come to DEMAND that the courts provide meaningful relief and remedy, not for the crooked lenders, but for their hapless victims.


Demanding Relief for Victims and Penalty for Perps

Courts should cram down every possible mortgage loan to the present real estate value minus all paid-in equity, reschedule it for 30 years with no baloon and 1% over inflation rate.  They should require written contracts signed by both the lender and the borrower, and invalidate the unilateral adhesion agreements without such bilateral contracts.  Courts must stop foreclosures dead in their tracks.  Everyone up the investment chain above the end consumer must suffer the burden of equity loss.

Every legislator, executive, and judge who supported the factors that caused the crisis should permanently leave government without pension.  Legislators must mandate a screaming end to sovereign immunity, particularly judicial immunity. Only heads on a pike will prevent such insanity in the future.


Further, Bob sayeth naught...

till later.



------------
Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763
727 669 5511
Donate to my Law Scholarship fund
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