California USDC Judge Matz gets servicer off borrower's back, but sabotages punishment of servicer crimes
Bob Hurt
Dr. Charles Lincoln just sent me this shocking report about a Los Angeles, California USDC judge (Matz) who threatened to expose mortgage servicer GMAC for confusion if GMAC, defending the lender, on behalf of a securitization trust, didn’t give the house to (settle with) the foreclosure victim. The second mortgage (equity line of credit loan) foreclosers trustee ETS and servicer GMAC had dropped all effort at foreclosing (lender had charged off the loan and trustee had rescinded the notice of default) and simply tried to throw the victim out of the house.
Of course I applaud the judge’s sentiment at having to unravel such a Gordian Knot, but in this case, the judge should have filed a criminal complaint or initiated some other discipline against the lender for failing to obey the law of the case.
The judge spelled out what he expected from the servicer and trust’s attorney, giving the parties two weeks to sign the settlement:
“...I want you to send a Proposed Settlement Agreement to Mr. Pineda. Now, I want it to be clear and comprehensible, plain language, English, no big references to a lot of other entities.
“... They waive and give up any rights they may have had vis-a-vis Mr. Pineda, they confirm that they have no claims against Mr. Pineda, and they have no claims or intentions to seek any relief of any type relating to the residence, and specify the residence.”
Looking at the above comments by the judge, you might think he did a good job. True, he got to the bottom of the matter and effectively got the lender off the borrower’s back. But in the process he flouted rules and violated the law and the parties’ rights with crazy, high-handed behavior, ignoring the foreclosure victim’s motions and objections, and creating at least one motion out of thin air. Although I hate the mortgage loan/securitization /foreclosure process with a passion, I find such judicial behavior intolerable, in spite of its ultimate benefit to the borrower, who will receive a 1099 for having his loan forgiven. Plaintiff Pineda might have had other motives for the litigation, such as public exposure of the crooked non-judicial foreclosure process of throwing borrowers on the street, which the court sabotaged.
Understandably, Dr. Lincoln, a former attorney and present candidate for Diane Feinstein’s US Senate seat, feels even worse about it.
---------------- From Dr. Lincoln’s Blog --------------------
An apparently Quixotic case of "Man bites Rabid Dog and lives to tell the tale" has come to my attention:
Pineda Jose L v GMAC et al Docket Report 08-cv-05341-AHM-PJW
Read the Honorable Judge Howard Matz' colloquy with the parties here very carefully:
October 26 2009 Transcript Pineda v GMAC Document 93 2-08-cv-05341-AHM-PJW
Can the Judge actually be doing anything other than threatening GMAC with "telling the truth" about misrepresentation in non-judicial mortgage foreclosure proceedings? What does this tell us about Judge A. Howard Matz' versions of Reality and Truth?
It appears that the colloquy in the transcript, followed by the entry of this minute order, drafted immediately following the October 26 2009 hearing and evidencing not even a hint of irregularity:
October 26 2009 Minute Order by Judge A Howard MATZ re Jose L Pineda v GMAC 2-08-cv-05341-AHM-PJW
Was filed in direct response to this particular filing by a pro se litigant:
The "legal realist" approach to judicial deconstruction is a frightening descent into the abyss of the human mind and soul: our most exalted officers as "Human, All Too Human" untermenschen capable of using their office to some really base purposes, like defrauding the people....
But if Judge A Howard Matz is not admitting that he is part of a massive cover-up of the reality of non-judicial foreclosure as a fraudulent enterprise in his colloquy with counsel for GMAC and Jose L. Pineda, exactly what IS he saying:
Focus particularly on Judge Matz' warning to GMAC Counsel Starting at Page 13, Line 11 and continuing until Page 14, Line 8:
"Now, I want you to contact your clients today. I want you to tell them that I was prepared to -- and I am -- in fact, there is no doubt about this. I am granting the motion to vacate the judgment and to reopen -- that I have set forth a preliminary, far from complete, road map of all of the grounds under Rule 60 why that would be warranted; that I am prepared -- if this case doesn't settle and settle quickly, I am prepared to follow the footsteps of several other judges around the country, state and federal, to take this case as a paradigm for a much larger problem, a much larger financial, regulatory and litigation problem that can stem -- that has stemmed from the way these loans were issued, packaged, securitized and then lost in the maze of confusion that you yourself understandably have suffered from.
“Ms. Vandale, you have been given an unenviable task, and you have not succeeded in carrying it out, but that may not be your fault. It is impossible to understand what happened to this loan based upon what the defendants have filed. How can you expect Mr. Pineda to understand? He's not even a lawyer. He has done a good job of trying to protect his own interests.
“Now, you tell your clients that unless this case can be disposed of, this case is going to be something that's going to go far beyond this case."
If it were not a distinguished Federal Judge on his bench, speaking like this on his dais and his robes ex-cathedra, but a swarthy Italian with a New York accent and a surname like "Genovese" or "Giancana" or "Gotti", would we not call this a threat of extortion? In fact, I think here from his Honor Judge A. Howard Matz, we have the clearest indication yet that Federal Judges know and understand the crime against the people which is the mass foreclosure of hundreds of thousands of homes and families, perhaps millions, in this one state.
If I could be elected to the office of United States Senator from California, I think it would "send a message" that the Banking and Mortgage Financial Industries' Enterprise and Racketeer Influenced and Corrupt Organizations' hold on this state is no longer Political Acceptable to the People, and I would ask all United States District Judges sitting in the State of California to resign. A very few might be reappointed on an interim basis.
But it appears to me at least that A. Howard Matz, and probably all the United States District Judges sitting in California, have knowingly and intentionally not merely presided over but in fact approved, enforced, and ratified such a horrendous dislocation in the population as seems to have taken place 0ver the past few years not only against the lawful interests of the people, but in violation of all common and constitutional law, and at least half of the state statutes in California. It appears to me that A. Howard Matz, and perhaps the entire Federal Judiciary in California, possessed full information regarding the truth of the illegality of the foreclosure epidemic as a crime against the American People. Accordingly, I think that this case, and A. Howard Matz' own words, quoted above, may yet serve as the basis for the abolition of Judicial Immunity for Federal Judges who approve and protect criminal enterprises such as the mortgage foreclosure industry in the State of California.
The veil of "the Matrix" has been lifted very slightly here, some sunlight let into the cave, and the Revelation of Truth which signals the Apocalypse---at least the Apocalypse of the Legal and Financial Status Quo, would seem to have begun....
I hope that the People of California will consider electing me to the United States Senate to complete the Revelation, and the Apocalypse of the Corruption of the Financial and Judicial Babylon under whose tyranny we now live....
Charles E. Lincoln, III
Tel: 512.968.2500
Deo Vindice
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and with thy spirit!"
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