Tuesday, October 12, 2010
In his complaint Dr. Charles Lincoln III has outlined at least a couple of dozen arguments for striking down state laws that allow evictions regardless of victims' affirmative defensives, and thereby deny them due process, access to courts, petition for redress, and presentation of evidence.
He seeks to have the court declare 42 USC 1981 "color blind" for generally protecting everyone's constitutional (civil) rights, not just people suffering racial discrimination.
He seeks to make it easier to remove foreclosure defense actions from state to federal court, ending state court limited jurisdiction. He seeks to spotlight the various levels of fraud, racketeering, and conspiracy including lenders, servicers, their attorneys, and state court judges that result in the wholesale theft of real estate from lawful owners. He seeks to spotlight the loan fraud that has become an industry - the alleged lending of alleged money a bank does not have or own and the securitization of masses of notes without abiding by fiduciary responsibilities to the borrowers, while reaping huge undeserved profits.
At this time this is the most thorough single indictment of the fraud in non-judicial foreclosure states like California: Dr. Charles Lincoln's 3rd amended complaint to Santa Anna USDC judge David O Carter.
Part 1: Introduction
Major mortgage "lenders" have initiated moratoriums on foreclosure actions, mostly in judicial foreclosure states, and now in some non-judicial foreclosure (deed of trust) states. So, I write to tell you what I think you should recommend to your clients and advice seekers:
Part 2 Call to Action
Part 3-The Complaint: Dr. Charles Lincoln's 3rd Amended Complaint 09-Cv-01072
Part 4-See Suggested Complaint Change Notes: Amended Complaint Suggestions, Notes and Opinion