Occupy Leader Bratton Held on $250,000 Bail
By Neil F. Garfield
Posted on June 23, 2013 by Neil 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.
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The Wrong Remedy at the Wrong Time, Part 1
By Daniel Edstrom
DTC Systems, Inc.
New Note added on 1/22/2012 thanks to Simonee. California Probate Code does not seem to apply based on this California Supreme Court decision: Monterey S.P. Partnership v. W. L. Bangham, Inc. (1989) 49 Cal.3d 454 , 261 Cal.Rptr. 587; 777 P.2d 623 (download here: http://dtc-systems.net/wp-content/uploads/2012/01/Monterey_SP_Partnership_vs_WL_Bangham.pdf)
Monterey S.P. Partnership v. W. L. Bangham, Inc. (1989) 49 Cal.3d 454 , 261 Cal.Rptr. 587; 777 P.2d 623
Here is a quick overview of what happens in a non-judicial foreclosure. If you are in a judicial state, this post does not apply directly to your case. But if you understand what happens in a non-judicial foreclosure, you may get insight into what might apply to your case.
I am not indicating that any of these documents are true or accurate, just that this is what typically happens.
Closing the Transaction
The homeowner executes a note and security instrument (i.e. Deed of Trust). The parties to the trust created by the Deed of Trust are the trustor (homeowner), trustee (usually a title company) and the beneficiary (either MERS or the named lender). Everyone seems to assume that the trust was constituted (created), that it is valid and continuing. This is where the trouble begins (not really, but for this article we will assume it begins here and not before).
Notice of Default
Supposedly the Notice of Default is recorded and sent to the homeowner by the agent for the beneficiary. Who is the beneficiary? Looking at my notice of default the only beneficiary mentioned is MERS. However, other documents sent usually point to one or more other parties who “might” be a beneficiary.
Continue reading “The Wrong Remedy at the Wrong Time, Part 1”