Category Archives: Law

Judge Spinner Relives Suffolk New York Home Owner of Mortgage

 

Judge Spinner relieves Homeowner of Mortgage to Penalize Lender

 

 

Yesterday on Long Island New York Judge Spinner  in INDY MAC v YANO HOROSKI  http://www.courts.state.ny.us/courts/10jd/suffolk/pdf/foreprogramrules.pdf held in  essence that a bank who is seeking foreclosure against a homeowner  whose is in default must act in good faith http://legal-dictionary.thefreedictionary.com/good+faith and negotiate in good faith in an attempt to medicate damages.  The Judge stated ” The judge concluded that the banks’ conduct was “wholly unsupportable at law or in equity, greatly egregious and so completely devoid of good faith that equity cannot be permitted to intervene on its behalf.” However he went further stating that the banks conduct made him believe they would repeat this conduct, and a penalty would not therefore be a deterrent.  SO HE EXTINGUISHED THE ENTIRE DEBT.

See http://www.law.com/jsp/article.jsp?id=1202435781738&rss=newswire

Facts. Ms Yano Horoski a college professor refinanced her existing mortgage and refinanced the residence for $ 292,500.00 with an adjustable whose interest rate went from 10% to 12%. Part of the monies in the refinancing went to her husband’s home doll collection business. Apparently due to some financial and medical issues they could no longer afford the mortgage. As such they approached the lender. The Judge held that the family made several efforts to mediate the matter including one in which her daughter would purchase the home.   But the law firm  Steven J Baum http://www.mbaum.com/SJB/index.jsp attorney would not agree to anything but foreclosure.

Steven Baum is the dominant law firm in New York representing banks in foreclosure sales and “short sales”. They never permit any changes in a contract, and in fact are aggressive . In their contracts they only give a purchaser 30 days to obtain a mortgage and if you don’t monetary penalties kick in which are in my opinion draconian and penalize purchaser’s unfairly.

I’m glad the Judge slammed the lenders and their attorney who all benefit from taxpayer “TARP” bailout monies but treat consumers like garbage.

 

 

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Bart Police Actions Are Not Indicative of Police Brutality

Police Critics Cry "brutality" in Bart Officer's Removal of Man From Train.

A video has been taken in which a uniformed “BART” Police Officer uses physical force to remove a disorderly man from a subway train. ( for the video see http://officer.com/web/online/Top-News-Stories/New-Video-Puts-BART-Police-on-Guard/1$49478 )

The Officer responded to multiple 911 calls of an intoxicated man eschewing racial profanity on board a public train. Armed with those facts he went to the assistance of the public who had called him for help. And the Officer did just that by himself he removed a disorderly persons who  now drinks on the train most likely  because his previous venue for being an A-HOLE  was taken away as legitimate bar owners,  bouncers and bartenders  banned him from their establishments because of his uncivil behavior.  ( Lawyers never sue those places just the government in hopes they settle out of court )

Officer’s are permitted under the law to use physical force to restrain a person.  Just as an emergency physician makes decisions based upon training and experience, so do police officers.   While verbal communications are frequently used to command an individual they are only used where feasible. Here the Officer makes a decision to remove the man rapidly and thus protect the citizens from potential harm.  

Police misconduct which is now labeled “brutality” ( defined as ruthless, cruel or harsh see http://www.thefreedictionary.com/brutality)  is over and misused by those who are anti police.  In this video nothing ruthless, cruel or harsh intentionally took place.  The Officer correctly took physical charge of an apparent emotionally charged individual. The Officer doesn’t know if he is high on a controlled substance, armed with a weapon or in need of medical treatment.  Removing him from the train protects citizens from a possible dangerous man and the Officer places himself at physical risk in a possible mano e mano encounter.

If the window was made out of shatter proof glass such as plexi- glass I doubt this video would have raised an eye. It is standard police procedure to “brace” a person against a wall. This allows a Police Officer to protect himself and the subject from injury. Here the Officer used the lowest level of force “physical” to control the subject but for the glass shattering no one would have been injured.

Police supervisors and elected officials have an affirmative obligation to support the police when they act properly. I see nothing in this video which displays aggressive misconduct. In fact the Officer himself was injured the video recording has witnesses stating the police acted properly and the officer quickly handcuffed the man to prevent further injury.

If San Francisco as a city is opposed to this encounter they will chill officers from doing their duty. They will not proactively engage criminals nor put themselves at risk for fear of civil lawsuits, personal injury and loss of employment.

This was an unforeseeable accident in which glass shattered.  This is not police misconduct and far from police brutality.  For the local tv coverage see http://cbs5.com/local/bart.officer.injured.2.1328017.html

Peru Police Catch “fat” Murder Incorporated

Peru Police Arrest Homicidal Crew Which Sold Human Fat

The BBC announced that Peru Police have arrested an apparent killing organized syndicate which killed innocent persons to obtain the fat from their bodies to sell to cosmetic companies. See http://news.bbc.co.uk/2/hi/americas/8369674.stm

Over 60 person may have been murdered solely for the “fat” content of their bodies. The poor folk were lured by the prospect of employment and then slaughtered so the killers could extract their fat. They than sold it to European nations for use in the cosmetic industry.  The motive for this crime is money as human fat reportedly sells for$15,000.00 a gallon.

This is one of the most appalling crimes I can imagine treating a fellow human as nothing more than lard. It is sickening and the world must see if this is being replicated in other third world nations.

For years I have heard rumours that Police would be called to a location and would find a body covered in ice and cotton gauze which were to stabilize a person whose vital organ ( kidney) were criminally removed by human traffickers. See http://www.vachss.com/help_text/organ_trafficking.html Some say this is false and an “urban legend” see http://urbanlegends.about.com/od/horrors/a/kidney_thieves.htm. Yet this incident in Peru makes you think twice as evil is omnipresent in society. We already know that in third world nations , poor and indigenous folks are exploited and sell their organs in order to survive and the monies they receive for such

Here are some links for this horrific crime.

1.http://humantrafficking.change.org/blog/view/is_fat_the_new_sex

2.http://www.theage.com.au/lifestyle/beauty/human-fat-in-cosmetics-20091120-ipqu.html

South African Police Kill 3 Year Old Child.

south african police

A recent shooting of a  three year old toddler  Atlegang Phalane wielding a pipe who was shot and killed and other shootings of young persons have made the public and authorities question the justification and authority of South African Police. See http://news.bbc.co.uk/2/hi/africa/8354961.stm  and see http://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/6539648/South-African-boy-3-shot-dead-by-police.html 

Rightfully so the public is outraged at the incident and are justifiably questioning when police may discharge their guns in the performance of their duty.  The father of the child is quoted from the latter article stating ” the cop just stood bye sucking a lollipop as if nothing happened.”  To hear that account makes is chilling, and assuming such an account to be true  would be evidence of a gross indifference to human life. If such non verbal communication was displayed it is evidence of a cold, mean, wanton and dangerous agency not accountable to the public they serve and it’s leaders should be removed.

 

The most difficult decision that a Police Officer may have to make is whether to shoot or not to shoot. In the NYPD and most other cities and state we have strict guidelines which supercede the N.Y.S. and Federal Constitutional laws governing justification in shooting an individual. ( N.Y.S. Justification law see http://ypdcrime.com/penal.law/article35.htm )

In South Africa the police may shoot at fleeing persons,  ( see http://www.news24.com/Content/SouthAfrica/Politics/1057/6b50c2cf0c1940a5a24feff9efabfdc1/12-11-2009-06-06/Zuma_SA_crime_more_violent )which is not permissable in New York. 

In 2008 107 South African Police Officers were murdered during the performance of duty. This is an extremely high number of fatalities and directly correlates with the violence the nation is experiencing. ( see http://allafrica.com/stories/200909070585.html ) In 2008 in all of the United States 138 Officer’s died in the line of duty ( see http://www.odmp.org/year.php?year=2008 ).

In 2008 South African Police encounters( custody and actions ) resulted in the death of 912 persons.The murder rate in South Africa is 5 times that of our nation. ( See http://en.wikipedia.org/wiki/List_of_countries_by_intentional_homicide_rate ) South Africa has seen an unbridled increase in violence which is reeking havoc and as a result the economic well-being of the nation is eroding.  For if folks don’t feel safe they won’t live or work in a city, state of nation. 

Symbolic of the terrible crimes in South Africa a female lesbian national soccer player Eudy Simelane  ( see http://en.wikipedia.org/wiki/Eudy_Simelane )was the victim of a “corrective rape” she was stabbed over 12 times gang raped and thrown in a river. see http://www.newser.com/story/70068/s-african-gets-life-in-rape-killing-of-lesbian-soccer-star.html

Nothing good can come from the death of a three-year old. However, it appears that as a nation this death, and that of the soccer star reflect a national anomie which if goes unchecked will be a fatal carcinogen to the nation. In the Christian Science link below even the Ambassador to the U.S. was stalked coming home from the airport and gunfire was exchanged with his attackers.

Topical Sites to Visit:

One website displays graphic images of farmers who in the post apartheid decades were murdered. See http://southafrica-pig.blogspot.com/2008/06/sas-agricultural-sector-under-siege.html 

Human Rights Watch http://www.hrw.org/en/node/79205

African National Congress http://www.hrw.org/en/node/79205

Christian Science monitor on crime in South Africa and the dreams of post apartheid not realized http://www.csmonitor.com/2007/0824/p09s01-coop.html

Blackberry Phones For All Baltimore Cops.

Female Officer & female driver using -300dpi

Today the City of Baltimore http://www.baltimorecity.gov/search/?cx=016856369251817325360%3A1wrq1qoz5cy&cof=FORID%3A11&q=Enter+Search#568 announded it will equip it’s Officer’s with Blackberry phones.

This will enable them to conduct  wireless outside the Police RMP warrant checks. Which appears to be a great concept and will improve efficiency. It’s being called the “pocket cop” see  http://www.bio-key.com/publicsafety/pocketCop.asp and http://www.abc2news.com/news/local/story/Blackberry-New-Tool-for-Police/nBSR46Yk3EmX1Nl0Q5wsag.cspx

The Baltimore Police Union http://www.fop3.org/ is not happy as the Blackberry have “GPS” so the supervisors can keep tabs on the Officers. See http://officer.com/web/online/Top-News-Stories/Baltimore-Patrol-Officers-to-Get-BlackBerrys/1$48237

Madoff’s Big Pimpin Intimidated SEC Cops

madoff

I see it every day in my precinct. Young and some not so young Officer’s  responding to investigate a crime. They arrive and access the situation and are Impressed, Intimated and than Ignore facts which indicate ” bad guys”. The conduct is unprofessional and borderline malfeasance. It encourages more bad conduct as bad guys get brasher, bolder and bad-er, making it tougher for those Officer’s who do their jobs.

For example pulling up to a 911 call of drugs being sold at a specific  address with a detailed description and a call back number of a witness.  They observe a car and man fitting the description and he has a fancy car ” big pimp-in”, he has fancy jewelry, and a big loud mouth voice demanding to know why he is being ‘singled out” , harassed”.

A professional good cop will make common law Rights of inquiry asking him a series and observing his oral and physical response to the challenging questions.
Are you in possession of any drugs,  Hey, how did you make out in that old drug case we have against you,  when were you last arrested, why would someone call up and state you are dealing drugs,  do you have drugs in the car.?  This is good police work, but the Professor Gates incident is an example of how professional police work is skewed by the press and pundits.

If these questions were asked maybe the suspect would exhibit nervousness, run away, make a move to destroy the drugs. Instead they look around don’t observe anything and drive away, Drug dealers One, Cops 0.

Looks like the SEC investigators did the same thing with Madoff, impressed with his big “pimped crib office”.  They dropped off resumes UNREAL WHIMPY INVESTIGATORS. See http://www.nypost.com/seven/08112009/gossip/pagesix/madoff_wowed_kid_probers_183931.html

and http://dealbook.blogs.nytimes.com/2008/12/16/sec-chief-says-staff-ignored-warnings-on-madoff/

Sadly, the last decade or two has been defined by ” big pimp in” materialistic obsession and employees who perform at a mediocre level.

Who pays when government employees commit malfeasance, we do all the taxpayers who foot the bill from the greedy trial lawyers who reap billions from taxpayers who pay for the negligence of government workers.See http://dealbook.blogs.nytimes.com/2008/12/16/sec-chief-says-staff-ignored-warnings-on-madoff/

Trust me the lawsuits are lining up against the SEC for the Madoff scandal. See http://www.atlanticfreepress.com/news/1/7901-sec-negligence-in-madoff-swindle-makes-it-liable-for-victims-losses.html and here is one actual lawsuit. http://www.securitiesdocket.com/2008/12/23/ny-investor-files-17-million-claim-against-sec-for-negligence-in-madoff-probe/

Will Justice Ginsburg Save Contract Law From Obamanomics?

It is funny to see how Obama and  his  team justify the ” ends” and will use all “means” to suit their polititical philosophy. Bush did the same thing both are wrong. 

Democrats and progressives view Gitmo as a gross deviation from civil rights and due process of law,  and the seminal case they cite is Korematsu v U.S. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0323_0214_ZO.html, in which the court “wrongfully” permitted the incarceration in camps of Japanese men, women and children for fear they were enemy combatants. This case is repulsive to many as we altered our core fundamental “constitutional due process rights” for expediency. ( fear of Japanese families , they were all anti American and traitors) To many including the President we can never ever, lower our principles even in time of war.  For when we do we alter who we are and what we stand for, as such Gitmo is offensive, immoral and unconstitutional for deprivation of due process. 

However, when dealing with economic law, and contract law, adherence to contract law, is subordinate to our unique and precarious economic crisis. As such team Obama states that the “economic cricis” requires us to alter our contractual principles

Plain and simple ” A contract is a promise that the law will enforce”. I saw a television show documentary, in which a retiree who invested in GM bonds took a subordinate role to Union members even though his ” contract” had stated he had priority over others including the union. See http://www.bloomberg.com/apps/news?pid=20601009&sid=af4lR7a4FXsM

Contracts are promies , lawful and this is to maximize ” certainty”. Obama’s reformation has challenged contract law.

Although Obama was a critic of President Bush , and rightfully so on many issues he was especially critical of ” massive executive branch power”.  See http://www.boston.com/news/politics/politicalintelligence/2009/03/will_obama_be_l.html and http://www.usnews.com/articles/news/obama/2009/03/16/obama-like-bush-uses-crisis-to-expand-presidential-power.html

Yet Obama has exceeded every living president in making gargantuan economic decisionsand demanding concessions from bond holders who, by contract law should have been a priority creditor over union workers. While Chrysler was owned by a hedge fund, GM bond holders were ” retirees” who socked away money and deferred their present compensation. Bloomberg reports two ” main street” retirees who are losing money they saved while union workers get priority treatment contrary to express contract terms. See http://seekingalpha.com/article/140261-gm-bankruptcy-watch-woe-to-main-street-bondholders Some reporters are suggesting strong arm tactics from the White House , if they proceed forward with litigation against team Obama. See http://www.washingtonexaminer.com/politics/White-House-puts-UAW-ahead-of-property-rights-44415057.html

In Contract Law Youngstown vs Ohio is cited  as Unconstitutional Executive Power.

In the case stayed by Justice Ginsburg , the Indiana funds explicitly compar ed the Chrysler case with Youngstown Sheet and Tube v. Sawyer, the 1952 decision http://www.law.cornell.edu/supct/html/historics/USSC_CR_0343_0579_ZO.htmlin which the Supreme Court rejected President Harry S. Truman’s assertion that he had the constitutional authority to seize steel mills during the Korean War.

So will Justice Ginsburg the so called ” liberal” protect bond holders and uphold contract law. I think she will and it will challenge both Republicans who are critical of her and Democrats who think she is “progressive”.  I think she is an independent thinker, and will side with Bond Holders because the principle is consistency not convenient dove tailed political law.