FORECLOSURE AND OUR LEGAL PROFESSION IN THE LAND OF OZ
The 2008 Economy Cripples the Legal Profession’s Facade like a Kansas Hurricane ----in
The Land of OZ
Chapter 1 -- The Witch Steals her dog Toto Without providing Dorothy with Due Process.
There is much to be learned from Judy Garland and her 1939 movie, The Wizard of Oz, which was judged one of the ‘Top 10 Best Movies of All Time’. Some of what follows might be familiar to those like me who watch this masterpiece often. If you also know the legal profession; much will ring too true for you comparing foreclosures with The Wizard of Oz movie.
THE LAND OF OZ
Kansas farmgirl Dorothy Gale lives with her Aunt Em, Uncle Henry and farmhands called Hunk, Zeke and Hickory. Dorothy has already had an encounter with the Wicked Witch of the West. She gets little attention and is told to stay out of the way because the Aunt Em’s farm incubator has malfunctioned and some of the chickens are dying.
Land owner Miss Gulch (The Wicked Witch of the West) arrives at the farm demanding that Dorothy's pet dog Toto be destroyed alleging Toto bit her. Miss (witch) Gulch then presents them with a sheriff's order that allows her to take Toto, threatening to take away the Gale farm if they don't comply with her Order of confiscation and prospective execution of Toto.
THE REAL WORLD
The foreclosure tsunami has horribly exposed the soft underbelly of incompetence and corruption in the Legal Profession. The lessons to be learned are found in sharp comparison with the movie The Wizard of Oz.
As indicated, the movie opens with Dorothy anguishing in the legal field of torts. Her dog Toto has bitten the the leg of the Wicked Witch of the West. Like real life, the lonely citizen, Dorothy, is ignored by the adults in the room. As in many foreclosures, Ms. Witch has already slithered into a courtroom and obtained a Court Order requiring Dorothy to turn over Toto to Ms. Witch for extermination. Without prior notice to Dorothy.
Real life shows similar corruptions of the system. Banks were tired of paying legal fees and affording citizens legal protections, so lenders convinced legislatures to allow non-judicial foreclosures. By this legal artifice, banks are able to kick citizens out of there homes without judges and courts even being involved.
In the dark humor department, when it turns out that the banks were even doing NONjudicial foreclosues wrong, by not recording their foreclosures in the County Recorders Office as required by law, they were facile. Without an ounce of shame, they advised the leaders of the Legal Profession that they would now do judicial foreclosures after all. That recording requirement with the County, you see, is not required in judicial foreclosures. Ponder, for a moment, that crucial issue of notice--missing to Dorothy’s family and missing to foreclosure victims.
Here is why the movie, the Wizard of Oz puts a smile on my face. In the movie, Toto thinks better of his captive situation with the mean ol’ Wicked Witch of the West and slips out of her bike’s back carriage door while being evicted off the farm by The Witch.
This is what is funny. When banks told federal judges that they really wanted to do judicial foreclosures in state court after all -- there is an escape hatch totally ignored by Oregon foreclosure lawyers, and worse; foreclosure judges. What is being ignored, is the fact that the plainly stated law that says that once primary jurisdiction is established in federal court over the Res (the Property), then that federal court must retain that primary jurisdiction. It can’t let the banks make the same escape out the back doors like Toto did. It is against the law. But all federal judges are allowing it. Against the law.
THE TASK HERE
The task here is to get your attention. Through the Wizard of Oz allegory we will demonstrate here that all the judges in Oregon have it wrong in the field of foreclosures. All of them. We will carefully demonstrate where and how---right here in the Chapters to come. Right here. In the meantime, your assignment is to read this case. Then we will move on to Chapter 2 in the Land of Oz.
Love With a Necessary Stranger-----------
“I don’t know if I will ever be with a woman again”
He said, looking at my reaction carefully.
His calculation comes with the realization of mortality.....times two.
The soft touch, sotto voce, a little attention.
A studied calculation.
Trapped by circumstances, she and I. Trapped in our own little personal way; too personal to really share.
A treasure to be found........they are not just lying around.
It could even be a considered collaboration.
Defense Strategies for WSBA Attorney Discipline Actions
January 18, 2014 - 8:15 a.m. to 12:30 p.m.
Presented by WA Consortium on Constitutional Affairs
Thanks to all for your interest and participation in the 1st Seminar. As usual, strict confidentiality will be maintained.
Rules for the Enforcement of Lawyer Conduct (ELCs);
and the WA Supreme Court;
We’ll review serious ABA criticisms and suggestions to improve the WA system which
have been disregarded;
the office of disciplinary counsel;
Disciplinary actions. Bar will charge for attorney fees and transcripts.
of present suits against Disciplinary counsel;
against a Respondent or in his/her favor. (There are more than the RPCs and ELCs);
between alleged violations and suggested penalties;
Board of Governors.
A R W S
(Acute Reunion Withdrawal Syndrome)
Okay, I admit it. I am suffering from Acute Reunion Withdrawal Syndrome. Here are some of the symptoms following the fiftieth (50):
- Thumbing aimlessly through dated high school annuals.
- Wanting to talk to your high school algebra teacher about that grade.
- Watching video of the twenty-year reunion (alone).
- Thinking about those who have passed while mowing the lawn.
- Wondering if you really should have tried out for that team or class play.
- Thinking about randomly calling a classmate, but unsure what about........
- Looking at her or his high school picture and wondering if, ......what if.......
Then reality intrudes and one contemplates a pot belly or veins or receding hairlines that are seen and should not be. But, how can one give up on finding that teacher or classmate who greatly influenced who you are today?
Case in point. I just spent a wonderful weekend with one of those. After the twenty-year reunion go-around I wrote in my journal “What a Lady!!” She was one I dismissed from my list of those worthy..............and boy was that a failure of perception. She conquered worlds, slew dragons and is still shaking up her world.
WHY DOES INJUSTICE EXIST?
Then there is Dan, who has been my constant friend and friendly competitor all these years. Such a friend allows a look-see into their lives for the rich and the poor of that person’s events.
In scanning that yearbook one wonders why we are still allowing the injustices found by looking back at that year book; and palpable in that book.
Just because he conquered the entire state in his particular sport, he was largely ignored by the year book editors, the sports book editors and the college scholarship deciders in favor of more politically favorable fare. A careful eye discloses a prominent color photo of him and his date at the first pages of the year book..........without identifying who he is. A similar omission occurred in all the other categories.........because of where he was from. There is a contemporary lesson to be learned here, on the occasion of another 50th year anniversary of the March on Washington, but I doubt we will learn it.
Bumper stickers talk about honoring our veterans. It is just that. One, and perhaps many of our classmates are still suffering from that evil war, but are left out of current festivities while we sit at a more comfortable classmate table for us for lunch. It is the same thing we did to others. High school cruelty does not stop at graduation. I notice that facebook “likes” are distributed to those with thinly astute posts, while more provocative analysis posted by Jim is ignored by those who gaggle over grandchildren posts. ---While our country continues to fight or foment war all over the planet. Those wars might consume those innocent grandchildren in the fate even now being experienced by some of our classmates from those ’60’s. Those wonderful and terrible ’60’s. His name is Jerry. Another is Paul. Another, Jerry. Countless others in our town.
I am suffering from acute war fatigue syndrome in addition to ARWS. ‘Salvage ethnography’ is the applicable phrase for those near and far.
WINTER IN IRAN 2013
In 1953, President Eisenhower gave his ‘Atoms for Peace’ speech. As the only country having used the atom for war, we set about to export nuclear technology all around the world for peaceful purposes. Opps, this was the program that lead to Pakistan and India getting nuclear weapons. It lead indirectly to Iran’s present nuclear capability. The U.S. shipped nuclear technology all over the globe and now wants to put the genie back in the bottle ---all over the world.
In 1953, by armed force, President Eisenhower engineered the overthrow of the democratically elected government of Iranian Prime Minister Mosaddegh. The Shah returned from hiding and was installed as the authoritarian leader of Iran. He served for twenty years as the puppet of the Oil interests of the U.S. and Britain.
In 1974, following the gas crisis of 1973, Nixon and Kissinger encouraged the Shah’s dream to transform Iran into the region’s military powerhouse over Afghanistan and Pakistan. The Shah then raised Oil prices to pay for Iran’s $5 billion purchase of future U.S. weapons systems. (Afghanistan and Pakistan are now in disarray from this and other interventions by the U.S.)
In 1985, the Reagan administration secretly facilitated the sale of arms to Iran, a country who was the subject of an arms embargo by the Boland Amendment in Congress. These illegal arms sales were to secure the release of hostages and allow U.S. intelligence agencies to illegally fund the Contras who were based in Honduras. Reagan wanted to overthrow the Sandinistas and the democratically elected government of Nicaragua. (The governments of Honduras and Nicaragua have never recovered from the 1980‘s interventions of the Northern Colossus.)
WINTER IN UNITED STATES 2013
In 2013, Senator McCain now wants to wage war on Iran. The theory of the case is we must somehow attenuate the military and nuclear wares the United States has splayed out into the world for the last sixty (60) years. Through more war.
cLaurenPaulson2012 email@example.com bulletinsfromaloha.org