By Neil F. Garfield
In my judgment, based upon the scant facts and documents supplied to me this far, there is no doubt that Bratton DID own the property and probably still does if the law is applied properly.
I know of cases where probable cause was found for Murder and the bail was set less than that. The calls and emails keep coming in and I can’t say that I have a total picture of what was really going on here. But, based upon what I have the current story is this:
Bratton is one of the leaders in the Occupy movement. It may be true that the Occupy movement has been put on a watch list or even the terrorist list which might account for the high bail. I have not been able to confirm that. But it seems that some inference of that sort was used in getting bail set at a quarter of a million dollars. If so, the government is confusing (intentionally or otherwise) the Occupy movement which is a political movement within the system allowed and encouraged by the U.S. Government — with the sovereign citizen movement for which I have taken a lot of heat.
The sovereign citizen concept is a contradiction in terms. If you are a citizen you are subject to the laws of the jurisdiction in which you are a citizen. If you are “sovereign” then you are announcing that you are outside the bounds of the rules, regulations and laws of government. It would seem to me that the use of the word “sovereign” might be tantamount to renouncing your citizenship and making you an alien, subject to the immigration and naturalization agencies of the Federal government, which is a Federal question, not a state question.
From what I understand, Bratton acted as a pro se fighter against an illegal taking of her property by U.S. Bank, who will probably disclaim knowledge of the event when the heat turns up on this news item. My experience is that where claims of securitization are involved and U.S. Bank is a key player, virtually everything is false, fabricated and illegal — including the notices of default, notices of sale, the “auction,” the “credit bid” and the deed issued upon “foreclosure” of the property based upon the alleged sale. Judges find this hard to believe but the facts are coming out as the tsunami of whistle-blowers has just started.
My opinion is that the deed issued on foreclosure is VOID (not voidable) if there was no consideration. Check with a lawyer in your jurisdiction before you act on that. If the party submitting the “credit bid” has no proof that they paid for the origination and/or acquisition of the loan, then all their actions constitute the same value as a “wild deed” which is customarily ignored by title examiners and title agents. If in fact the situation goes to as far as establishing that no transaction occurred in which a purchase or funding of the loan occurred then fraud, utterance of a false instrument and the rest of the charges pending against Bratton now !?! It is the latter situation that in my opinion is the dominant permeating fact pattern throughout the financial industry in which they put CLAIMS of securitization ahead of proof that it ever occurred — as a cover up for a racketeering scheme using a PONZI structure (new investments used to pay off old investors).
Based upon the facts and documents I have heard and seen Bratton went through the usual foreclosure fight where the Judge failed to apply the law properly and require proof of ownership the loan, mistakenly applying a presumption that is rebuttable, just as the Maryland Supreme Court did last week in a decision that will come back and haunt them. So needless to say she lost and the sale went forward with US bank submitting a credit bod on behalf of an asset pool that does not appear to exist in reality because it was never funded, and therefore was incapable of paying for the the funding of the origination of the loan nor the acquisition of the loan.
The usual fabricated papers were submitted and the usual untrue proffers by counsel apparently were present as well. So, like I have said on this blog, acting WITHIN THE SYSTEM, she went to the police showing them that she was alleging fraud, fabrication, forgery, and uttering an false instrument and recording it. The police refused to investigate saying it was a CIVIL MATTER.
So again, acting within the system, she went and filed a corrective deed in order to give legal notice to the world that the title was still in dispute. Meanwhile U.S. Bank allegedly sold the property to a third party who pay or may not have been a straw-man. The straw-man is attempting to get possession. Bratton is fighting it because the only basis for possession is not that she didn’t pay her rent, but because title changed from her to this third party.
Despite their refusal to investigate her claims as falling within the category of a civil matter, the police then arrested Bratton for filing in the public records a corrective deed. POOF! What was a civil matter suddenly turned into a serious criminal matter, alleging, apparently nearly word for word, the allegations Bratton made against U.S. Bank, which if true would mean that any deed FROM U.S. Bank would also be a wild deed conveying no interest in the property whatsoever.
The kicker is the bail that has been set: $250,000. While I am familiar with this tactic being used around the country to scare off the leaders in the fight, this is the first time I have ever seen bail set at level that effectively puts Bratton behind bars without any hope of release based solely on what appears to be a completely unfounded accusation of criminal intent.
There are some rumors that the reason bail was set so high was because there were inferences that Bratton was affiliated with a terrorist group — something I find hard to believe based upon the information I have received thus far. There is no evidence brought to my attention that could possibly be interpreted as coming within the scope of a definition of “terrorist.” If her accusations against U.S. Bank are true, the term terrorist would more aptly apply to U.S. Bank than anything Bratton did.
My view is that the failure of the police to investigate her claims on the basis of their determination that this was a matter to be resolved in the civil courts completely undermines even the semblance of probable cause. If the police could say that they DID investigate the claims of Bratton and found them to be without merit, THEN the technical violation MIGHT apply assuming the document she filed was completely without merit — i.e., that the content of the document was completely false.
My view is that without that investigation the best one could say about the police action in this case is that they were premature. The worst is that they were doing the bidding of the banks who have achieved a level of influence on law enforcement that is unprecedented in protecting themselves from prosecution for mass crimes against humanity AND bringing mortgage fraud and other criminal charges against those whom they are throwing under the bus or otherwise want to silence.
The police were wrong when they first told Bratton that this was a civil matter. The theft of millions of homes based upon false, fabricated, fraudulent documents corroborated by perjury and intentional misrepresentation to the court, is a big deal. It ripped open the fabric of our society and diminished respect for all three branches of government. Now that the police department has thrown its hat into the ring with this bogus criminal charge, it is time to force them politically to investigate the bank crimes (regardless of what assurances were given from the Bush and Obama administrations to the contrary).
Here is the Press RELEASE from the Bratton Camp: