Supporting, Informing & Connecting People in Foreclosure
AMERICANS AGAINST FORECLOSURE TO STUDY THE POSSIBILITY OF FILING A HOMEOWNER CLASS ACTION IN FEDERAL COURTS
AMERICANS AGAINST FORECLOSURES ( AAF ) TO FILE A CLASS ACTION LAWSUIT
December 30, 2012
Americans Against Foreclosures ( AAF ) have decided the time has come to stop the SUICIDES ( Please read: https://www.facebook.com/groups/aafhelpus/doc/579223915427800/ ) and will be filing a nationwide EMERGENCY class action lawsuit against Banks/Lenders, MERS, et al in Federal Courts nationwide.
The problem that we have is that yes all real estate property owners in the United States can be considered a class, but Real Estate Legislation differs by States.
In this case AAF is thinking of simultaneously presenting this class action in all Federal Courts as the venue with competent jurisdiction and let them decide how they want to handle it.
Eventually it will end up before the US Supreme Court but that is irrelevant at this point in time. The important thing is that we get the complaint filed as soon as possible and have the presiding Judge agree to the class, accept standing, and grant the Temporary Injunctions and Restraining Orders ( TRO ) requested against the banks/lenders, and the filing of lis pendens on all foreclosed titles in the local Public Registrars in the USA.
SUBJECT MATTER JURISDICTION
The US Federal Courts will be the correct Venue as American Home Owners fight against the banks/lenders to be able to get their foreclosed homes returned and stop all present and future unlawful foreclosures.
18 USC § 981 - Civil forfeiture
(a)(1) The following property is subject to forfeiture to the United States:
(A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property.
(B) Any property, real or personal, within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from an offense against a foreign nation, or any property used to facilitate such an offense, if the offense—
12 USC § 3755 - Prerequisites to foreclosure
USC : Title 12 - BANKS AND BANKING
UNLAWFUL FORECLOSURE & QUIET TITLE ACTIONS
28 USC § 2409a - Real property quiet title actions
(d) The complaint shall set forth with particularity the nature of the right, title, or interest which the plaintiff claims in the real property, the circumstances under which it was acquired, and the right, title, or interest claimed by the United States.
THE SKELETON OF THE COMPLAINT
WE THE PEOPLE owners of real estate in the United States, represented by the non profit organization called AMERICANS AGAINST FORECLOSURE ( AAF), hereby come before this Federal Court and request a CLASS STATUS as good honest hard working American Citizens and Legal Resident Aliens in the United States, and purchasers of real property in these United States.
Once this CLASS STATUS as legal homeowners is GRANTED, we will proceed to present to the Court a COMPLAINT against the following list of Banks and Lending Institutions in the United States which hold encumbrances on our real estate.
BRIEF: In the case the PEOPLE OF THE STATE OF NEW YORK via their Attorney General was able to get relief against unlawful foreclosures and was able to freeze and obtain Judicial Stays of all Foreclosures in the State of New York wanting to make it immediately extensible to the rest of the States and Territories of the United States. The underlying cause is the Securitization Scheme whereby the following banks and lending institutions were able to get this class of HOMEOWNERS to sign promissory notes ( NOTES ) and deeds of trust ( DOT ) which were separated, making them NULL & VOID, not VOIDABLE, and destroying the original NOTES while turning the debt into stocks in Private Trusts and sold on Wall Street. Meanwhile the NOTES were presented to Private Mortgage Insurance ( PMI ) companies, as well as Federal Institutions, and other third parties, and these banks/lenders received total satisfaction and compensation for all debts incurred. This fictitious selling of this paper has harmed not only the HOMEOWNERS and has been at the root of the present economic recession, but has destroyed our land titles. Now our Administration of Justice is being tested nationwide to insure that all Chain of Title has not been unlawfully clouded on all property land records in the United States.