Citibank, N.A. v Bravo | NYSC


Citibank, N.A. v Bravo | NYSC – the complaint is dismissed, with prejudice; the mortgage which plaintiff seeks to foreclose in this action is discharged and cancelled, the notice of pendency filed in this action is cancelled, and the Tompkins County Clerk is ordered to mark her records accordingly.

Decided on March 7, 2017

Supreme Court, Tompkins County


Citibank, N.A., as Trustee for the registered holders of Bear Stearns Asset Backed Securities I Trust 2005-CL1, Asset-Backed Certificates, Series 2005-CL1, Plaintiff,


David Cullen Bravo a/k/a David S. Bravo Cullen; Christine Bravo Cullen a/k/a Christine A. Bravo Cullen, New York State Board of Elections, “John Doe, ” said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants.


By: Heino J. Muller, Esq.
Attorneys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, New York 10801

By: Edward Y. Crossmore, Esq.
Attorneys for Defendants Bravo and Cullen
115 West Green Street
Ithaca, New York 14850
Phillip R. Rumsey, J.

“In June 2013, plaintiff commenced this foreclosure action on residential real property — mortgaged in January 2008 for about $82,600 — owned by defendants David Cullen Bravo and Christine Bravo Cullen (hereinafter collectively referred to as defendants) in the Town of Dryden, Tompkins County. Defendants answered asserting, among other things, that plaintiff was not the holder of the note. After a series of delays resulting primarily from conduct by plaintiff and its attorneys which prompted two preclusion motions by defendants, Supreme Court granted the second preclusion motion in December 2014.” Citibank, N.A. v Bravo, 140 AD3d 1434, 1435 (2016).

The trial court order dated December 2, 2014 (Mulvey, J.) precluded plaintiff “from offering at the trial of this action, or upon any dispositive motion made herein, proof of the indebtedness alleged in the complaint or that the plaintiff is the current holder of the note.” In affirming that order, the Appellate Division noted that plaintiff had engaged in a pattern of conduct which gave rise to an inference of willfulness sufficient to warrant the trial court’s imposition of the sanction of preclusion, specifically noting that

“among other things, plaintiff refused to appear for a deposition, canceled depositions at the last minute, missed a CPLR 3408 court-ordered mandatory conference, failed to comply with a court-ordered deposition deadline, and created confusion and delay with an inadequate and unclear effort to substitute counsel. With respect to plaintiff’s contention that it had the right as a corporation to determine who it would initially produce for a deposition, we note that defendants specifically named in their May 2014 demand the person who had executed an affidavit regarding the note and plaintiff failed to comply with the statutory requirement to, no later than 10 days prior to the scheduled deposition, notify defendants that another individual would instead be produced and the identity, description or title of such individual. Instead of giving timely notice to defendants, seeking a protective order or even producing a person it deemed knowledgeable, plaintiff simply refused to produce the named individual resulting in the failure to comply with the court-ordered date for conducting the deposition.” Citibank, N.A. v Bravo, 140 AD3d 1435-1436 (quotation and citations omitted).

Defendants now move for summary judgment dismissing the complaint, directing discharge and cancellation of the mortgage that the plaintiff seeks to foreclose in this action and directing cancellation of the notice of pendency, on the basis that the preclusion order prevents plaintiff from establishing the facts necessary to permit foreclosure of the mortgage. Notably, plaintiff did not at first directly oppose defendants’ motion; rather it moved for an order dismissing the action, without prejudice, and cancelling the notice of pendency, on the basis that it is not “able to verify compliance with pre-acceleration notice requirements” (Affirmation of [*2]Matthew Smith, Esq. dated December 19, 2016, ¶ 3).[FN1] Plaintiff has since, with leave of court, submitted a memorandum of law in opposition to defendants’ motion and defendants have filed a memorandum of law in response thereto.

Defendants accurately note that the preclusion order prevents plaintiff from establishing material elements of its cause of action for mortgage foreclosure, namely, its ownership of the debt instrument secured by the mortgage and of the debt purportedly due thereunder. Plaintiff argues that the dismissal of the action with prejudice is a drastic remedy disproportionate to plaintiff’s failure to provide disclosure that would cause it substantial prejudice and result in a windfall to defendants by permanently barring enforcement of the mortgage lien. In reply, defendants argue that dismissal of the action without prejudice would impermissibly allow plaintiff to avoid the adverse impact of the preclusion order.

The Court of Appeals has stated that “[i]f the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity” (Kihl v Pfeffer, 94 NY2d 118, 123 [1999]). In that regard, a motion for leave to discontinue an action without prejudice should not be granted where it would allow a party to circumvent an adverse determination of the court, such as an order of preclusion (see Baez v Parkway Mobile Homes, Inc., 125 AD3d 905 [2015], citing Kaplan v Village of Ossining, 35 AD3d 816, 816-807 [2006]; see also NBN Broadcasting Networks, 240 AD2d 319 [1997]). Notably, cases cited by plaintiff for the proposition that dismissals for failing to provide disclosure are not on the merits acknowledge that violations of a preclusion order merit the stronger sanction of dismissal on the merits (see e.g. Maitland v Trojan Elec. & Mach. Co., 65 NY2d 614 [1985] [in holding that the dismissal of a prior case for failing to comply with a disclosure order, the Court noted that”[t]his is not a case such as Strange v Montefiore Hosp. & Med. Center (59 NY2d 737) where plaintiff’s second action constituted an attempt to circumvent an order of preclusion”]; Aguilar v Jacoby, 34 AD3d 706 [2006]; Stray v Lutz, 306 AD2d 836 [2003], lv dismissed 100 NY2d 615 [2003]).

Granting defendants’ summary judgment motion and dismissing the action on the merits is a drastic remedy; however, that course was charted when the Appellate Division affirmed that the preclusion order was an appropriate sanction for plaintiff’s own wrongful conduct. Indeed, it bears emphasizing that the decision of the Appellate Division was made in light of its prior decisions acknowledging that preclusion is a drastic remedy that may prevent a party from [*3]proving its claim,[FN2] and that dismissal on the merits is a proper sanction where a party willfully fails to provide disclosure or where an order of preclusion prevents a party from proffering evidence in support of its claims.[FN3]

Finally, the Practice Commentaries, with extensive attention to Citibank, N.A. v Bravo, 140 AD3d 1434, also conclude that enforcement of the preclusion order requires dismissal of this action on the merits (see Connors, 2017 Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3126:8, 2017 Supp Pamph, at 282-283).

Based on the foregoing:

1. Defendants’ motion is granted and the complaint is dismissed, with prejudice; the mortgage which plaintiff seeks to foreclose in this action is discharged and cancelled, the notice of pendency filed in this action is cancelled, and the Tompkins County Clerk is ordered to mark her records accordingly.

2. Plaintiff’s motion is denied.

This decision constitutes the order of the court. The transmittal of copies of this decision and order by the court shall not constitute notice of entry (see CPLR 5513).

Dated: March 7, 2017
Cortland, New York
Supreme Court Justice

The following documents were filed with the Clerk of the County of Tompkins:

Notice of motion dated October 19, 2016.

Affidavit of Edward Y. Crossmore, sworn to October 12, 2016, with Exhibit A.

Affidavit of David Bravo Cullen, sworn to October 13, 2016, with Exhibits A-F.

Notice of motion dated December 19, 2016.

Affirmation of Matthew Smith, Esq. dated December 19, 2016, with Exhibits A-B.

Affidavit of Edward Y. Crossmore, sworn to December 28, 2016, with Exhibit A.

Reply affirmation of Heino J. Muller, Esq. dated January 6, 2017.

Original Decision and Order dated March 7, 2017.


Footnote 1:Plaintiff was represented at commencement of the action by Shapiro, DiCaro & Barak, LLC. Defendants filed their first motion to preclude on September 11, 2013 and duly served their motion papers on that firm. McCabe, Weisberg & Conway, P.C. appeared in opposition to that motion, representing that plaintiff had contacted that firm on September 15, 2013 to request that it represent plaintiff in this action (see Affirmation of Matthew Russell, Esq. dated November 4, 2013, ¶ 9). Defendants accurately noted that Shaprio, DiCaro & Barak, LLC remained attorneys of record for plaintiff. McCabe, Weisberg & Conway, P.C. has continued to represent plaintiff in the trial court at all times since September 2013, and a Consent to Change Attorney executed by plaintiff’s agent on May 8, 2014 was finally filed on June 19, 2014, nine months after McCabe, Weisberg & Conway, P.C. first attempted to appear on plaintiff’s behalf.

Footnote 2:See Citibank, N.A. v Bravo, 140 AD3d at 1435, citing BDS Copy Inks, Inc. v International Paper, 123 AD3d 1255, 1256 (2014) (the remedy of preclusion is drastic, especially where it has the effect of preventing a party from asserting its claim).

Footnote 3:See Citibank, N.A. v Bravo, 140 AD3d at 1435, quoting Doherty v Schuyler Hills, Inc., 55 AD3d 1174, 1176 (2008) (the answer was stricken and plaintiffs were awarded default judgment on the merits based on defendant’s willful failure to comply with disclosure demands) and citing Hesse Constr., LLC v Fisher, 61 AD3d 1143, 1144 (2009) (summary judgment was granted to plaintiff where defendant was unable to offer any admissible evidence due to a preclusion order); see also Du Valle v Swan Lake Resort Hotel, LLC, 26 AD3d 616 (2006) (summary judgment was properly granted to defendant who argued that a preclusion order prevented plaintiff from establishing her claim); Greaves v Burlingame, 12 AD3d 730 (2004), lv dismissed and denied 5 NY3d 741 (2005), lv dismissed 5 NY3d 742 (2005) (summary judgment was properly granted in plaintiff’s favor where preclusion order prevented defendant from submitting competent proof sufficient to raise a question of fact).

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Contacts with Russian Embassy


Our press seems to be in a feeding frenzy regarding contacts that President Trump’s supporters had with Russian Ambassador Sergei Kislyak and with other Russian diplomats. The assumption seems to be that there was something sinister about these contacts, just because they were with Russian diplomats. As one who spent a 35-year diplomatic career working to open up the Soviet Union and to make communication between our diplomats and ordinary citizens a normal practice, I find the attitude of much of our political establishment and of some of our once respected media outlets quite incomprehensible. What in the world is wrong with consulting a foreign embassy about ways to improve relations? Anyone who aspires to advise an American president should do just that.

Yesterday I received four rather curious questions from Mariana Rambaldi of Univision Digital. I reproduce below the questions and the answers I have given.

Question 1: Seeing the case of Michael Flynn, that has to resign after it emerged that he spoke with the Russian ambassador about sanctions against Russia before Trump took office, and now Jeff Sessions is in a similar situation. Why is so toxic to talk with Sergey Kislyak?

Answer: Ambassador Kislyak is a distinguished and very able diplomat. Anyone interested in improving relations with Russia and avoiding another nuclear arms race—which is a vital interest of the United States—should discuss current issues with him and members of his staff. To consider him “toxic” is ridiculous. I understand that Michael Flynn resigned because he failed to inform the vice president of the full content of his conversation. I have no idea why that happened, but see nothing wrong with his contact with Ambassador Kislyak so long as it was authorized by the president-elect. Certainly, Ambassador Kislyak did nothing wrong.

Question 2: According to your experience, are Russians ambassadors under the sight of the Russian intelligence or they work together?

Answer: This is a strange question. Intelligence operations are normal at most embassies in the world. In the case of the United States, ambassadors must be informed of intelligence operations within the countries to which they are accredited and can veto operations that they consider unwise or too risky, or contrary to policy. In the Soviet Union, during the Cold War, Soviet ambassadors did not have direct control over intelligence operations. Those operations were controlled directly from Moscow. I do not know what Russian Federation procedures are today. Nevertheless, whether controlled by the ambassador or not, all members of an embassy or consulate work for their host government. During the Cold War, at least, we sometimes used Soviet intelligence officers to get messages direct to the Soviet leadership. For example, during the Cuban missile crisis, President Kennedy used a “channel” through the KGB resident in Washington to work out the understanding under which Soviet nuclear missiles were withdrawn from Cuba.

Question 3. How common (and ethic) is that a person related with a presidential campaign in the US has contact with the Russian embassy?

Answer: Why are you singling out the Russian embassy? If you want to understand the policy of another country, you need to consult that country’s representatives. It is quite common for foreign diplomats to cultivate candidates and their staffs. That is part of their job. If Americans plan to advise the president on policy issues, they would be wise to maintain contact with the foreign embassy in question to understand that country’s attitude toward the issues involved. Certainly, both Democrats and Republicans would contact Soviet Ambassador Dobrynin during the Cold War and discuss the issues with him. As the person in charge of our embassy in Moscow during several political campaigns, I would often set up meetings of candidates and their staffs with Soviet officials. Such contacts are certainly ethical so long as they do not involve disclosure of classified information or attempts to negotiate specific issues. In fact, I would say that any person who presumes to advise an incoming president on vital policy issues needs to understand the approach of the country in question and therefore is remiss if he or she does not consult with the embassy in question.

Question 4: In a few words, What’s your point of view about Sessions-Kislyak case? Is possible that Sessions finally resigns?

Answer: I don’t know whether Attorney General Sessions will resign or not. It would seem that his recusal from any investigation on the subject would be adequate. He would not have been my candidate for attorney general and if I had been in the Senate I most likely would not have voted in favor of his confirmation. Nevertheless, I have no problem with the fact that he occasionally exchanged words with Ambassador Kislyak.

In fact, I believe it is wrong to assume that such conversations are somehow suspect. When I was ambassador to the USSR and Gorbachev finally allowed competitive elections, we in the U.S. embassy talked to everyone. I made a special point to keep personal relations with Boris Yeltsin when he in effect led the opposition. That was not to help get him elected (we favored Gorbachev), but to understand his tactics and policies and to make sure he understood ours.

The whole brou-ha-ha over contacts with Russian diplomats has taken on all the earmarks of a witch hunt. President Trump is right to make that charge. If there was any violation of U.S. law by any of his supporters—for example disclosure of classified information to unauthorized persons—then the Department of Justice should seek an indictment and if they obtain one, prosecute the case. Until then, there should be no public accusations. Also, I have been taught that in a democracy with the rule of law, the accused are entitled to a presumption of innocence until convicted. But we have leaks that imply that any conversation with a Russian embassy official is suspect. That is the attitude of a police state, and leaking such allegations violates every normal rule regarding FBI investigations. President Trump is right to be upset, though it is not helpful for him to lash out at the media in general.

Finding a way to improve relations with Russia is in the vital interest of the United States. Nuclear weapons constitute an existential threat to our nation, and indeed to humanity. We are on the brink of another nuclear arms race which would be not only dangerous in itself, but would make cooperation with Russia on many other important issues virtually impossible. Those who are trying to find a way to improve relations with Russia should be praised, not scapegoated.

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American citizen born in Puerto Rico faced deportation


A Chicago man who spent the weekend in jail and faced deportation on suspicion he is in the country illegally said what happened to him illustrates the need for America to change the way it deals with immigration.

Eduardo Caraballo said his self-described nightmare began last week when he was arrested in connection with a stolen car case.

He maintains his innocence and says the car case is still being investigated, but says the real problems began when his mother posted his bail Friday.

Instead of being released, he was told by authorities that Immigration and Customs Enforcement was detaining him because he was an illegal immigrant.

“That’s crazy. Because I was born in Puerto Rico. I never knew that Puerto Rico wasn’t part of the United States,” the 32-year-old said Monday.

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Morgellons actually Explained!! the floors weeper

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The Coming Public Pension Meltdown: How Kingpins Fannie Mae and Freddie Mac Were Used To Steal Public Pension Funds

Deadly Clear

Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 6 pm (PST) / 9 pm (EST). Click HERE to listen.

The Coming Public Pension Meltdown: How Fannie Mae and Freddie Mac Were Used To Steal Public Pension Funds, Where Did All the Money Go, Who Has Been Covering Up the Theft, and How Every Homeowner Has Been and
Will Be Further Harmed by One of the Biggest Yet Still
Largely Concealed Financial Ripoffs in American History

Gary Dubin FHWe all know the devastating effects that the 2008 mortgage crisis has had on the American economy generally and tens of millions of homeowners personally and their families in the United States, while Pontius Pilate-like, federal and state judges and legislators have mostly looked the other way.

We are now faced with a yet even bigger, approaching financial disaster that this Nation’s local and state governments are equally unprepared for:…

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Foreclosures spike 18%

Livinglies's Weblog

“Fake news” is now the dominant form of spreading disinformation in our marketplace. The banks are in control of media outlets — some created by the banks — that keep spewing out false data about the foreclosure crisis being over. It isn’t true. It never was true. We still have millions more to go and that doesn’t include the new “delinquencies” that will hit the shores as the race continues to move money through false claims of securitization.

Get a consult! 202-838-6345 to schedule CONSULT, leave message or make payments.


While most of the banking sector is claiming that the mortgage mess is over, the data shows that we (a) never hit any bottom and (b) that foreclosures are beginning to spike again.

The threat to…

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Trump`s Achilles Heel, the Weed.

You see America spoke, we decided on this, and Trump made certain promises. The Cannabis prohibition and the war on drugs is a FAIL


Western Colorado, most of the towns were dead, no real future for anyone, Legal Marijuana changed lives in places like De Beque Colorado for instance



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Trump is a FAIL

Spicer: Expect ‘Greater Enforcement’ of Marijuana Laws




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What I know about consciousness


Religious people are intrinsically Bigots because of an identification with a specific religion, as opposed to another, a religious preference, and therefore is without a tolerance for another religion. All religions must be abolished, for there to be a real peace amount humans. In my opinion, religious people are extrinsically ignorant to the facts of human and universal life and existence. Personally, I dislike associating with highly or sometimes mildly religious people, for some the above reasons.

Death does not exist, it is the relationship of the human body to this earth if death existed all life would cease, in the instant when a body stops functioning, another form of life takes it over the microbes spawn life, new life. Religion offers no answer to what happens in the transmission of separation of the body to life, no one wrote a book and no one came back to tell us what happens, millions of years passed. Life can never die, the universe is without a boundary, it is beyond infinite, no one has this extent of imagination or knowledge. The universe is inside every human. All formats of life are the exact same, the atom which composes the standard same elements of life, when divided has the same equal qualities, in never ending longevity. This is why religions did not work after so many thousands of years, a book and a dogma cannot describe infinity which is the building block of all life.

Religion cannot address consciousness, it is ignorant of it, this is what you refer too, you call it a soul, other religions call it by different names. There are questions where the answer are feelings, these feelings cannot be communicated to each the other. They must be felt, a book or dogma cannot deliver this answer, because paper and belief cannot understand feelings and cannot teach it. If someone is able to gain access to the life which is resident in every living being, the answer to eternal existence will be felt. A close examination of the atom shows a stunning similarity to every other atom in the known universe, life is abundant and it recreates itself perpetually forever, life is immortal. Religions are clubs, like political parties or a race.

On the other hand, the words I write are my personal experience, these are not found in books, go ahead and google any part of any of the sentences. I have long disassociated myself from all religion. I know it to be unpleasant and I also know it to be the cause of all wars and continued separation of humans, surely I can only speak for myself. I have no authority, right or want to teach anything to anyone, but I like to write my rants, just for practice. I can tell you something and I cannot prove it to you, but I have accessed the life force which resides inside my own body and I use it daily for many things, it is a secret I cannot describe I acquired it and I can state this quite egotistically with privilege. Admittingly and I agree that someone cannot fathom this sort of thinking in a flash, this could take several years of applied effort and those efforts are personal for the each person. I do not have all the answers and I do not think I need them all, but I do practise the death of mentality often sufficient to allow an understanding coming from an experience of personal experience. I admire your keen interest and I wish you good luck.

eminds me of an oral examination I had a few years ago, done by dental students. The student took a sample of blood from a tooth and under the microscope, I saw the white cells fighting with other cells and consuming them. I thought why is there a war happening in my body when I prefer peace and practice such?

I began to think that strife exists with all living entities on the planet, plants fight, my mother first brought this fact to my attention when I was little.

Since you know that your body would separate from yourself some day sooner or later I would think you may want to begin to practice this separation before that last event takes place, less it comes to you by surprise, this is the fear of immortality people have, humans, fear “death” because they fail to understand life and its inherent mortality by default.

This is the supreme challenge each individual posses and such is a decision that a person must decide on. I failed to understand why people did not consider that life is simple, you are born, you live and you pass on, there is no complication of these facts.

One day you will take your last breath and I am 100% certain that, that last breath will require every last bit of strength you have, and you will not de successful, because it may be a half breath or none at all.

Regardless what caused your demise of life, the breath is the last to leave the body. I will not ask you to believe me, but I saw my beloved dog die, in the instant, and I saw his energy leave his body, so much so I praised it, in that very instant.

I recognized life in departure and I called it out. If you are to evolve, and you should want this for yourself, you will need to find the answer to your question[s] or else you would have passed like the hundred of billions of humans who passed in ignorance or fallacy.

Consider the thought for a moment that you may lack the tools to uncover the life which you so love when you look at yourself in a mirror, you love yourself on the outside, but you continue to neglect the yearning you have had inside, for an answer you seem not to be able to find or you think you do.

This turns into a book every time, but it is so simple that you cannot talk about it, but with one or a few words, you have to love yourself, to find yourself, to touch it, you know atoms can communicate, and they change how things work in very simple but powerful ways.

One fact is for sure if you want something enough you will find it because life wants you more than you want it, it gave life, you did not knowingly ask and it gives you life while you look for it….the problem when we lose something, it normally is where we left it, we call it lost.

These Russian scientists use special cameras and they have demonstrated life ascending the body at a passing, the energy displays an array of myriad color. I recall blue and red but many colors, large gushes of energy I totally understand this to a limited extent. but these thoughts are passing the important subject matter. I know for a fact, that you can enjoy the love you can give yourself, more than anything you know, or have known, to me it is too simple, the magic of knowing life is real, to me it is, and I can say this all day and I sometimes do. I have never spoken to anyone at this length about this private subject in many years. I only address this when someone sparks an interest. I have no dog in the race to do anything or make any bets. I know love, the love that keeps me kind. I know my monsters and I control and destroy them as they impede my progress. If you found true love, hate is always at your door very close, the more love you find inside, the more I seem to have to protect, like having a lot of money, you have to guard it against the thief, so is life. With regard to the out of body stuff I had that when I used LSD, in my 20s I could see through walls and predict the next instant and shit, but the love is about life, in the body, you will leave the body, no rush. Try to stay in your body for now and try to find what makes you live, or want to live. I hold that birth is accidental, you are lucky to be alive and you are very fortunate to have questions or concerns, most people do not.

I use the double edge sword, it cuts in any direction, haha, am if you did not find it, you were not looking for it, and no one can help you, but if you wish to communicate with eternity, ask it when you are in that intimate moment of love when you are alone, the universe will hear you and it has great mercy, a very kind being, it protects you, makes you whole, you may have to completely change your life and lifestyle but the gift of eternal love will be yours as a just reward.

If you are sincere with eternity it opens all the doors for you, wow I cannot believe I am writing this, look, you can help yourself, but your mind will eventually destroy you if you fail or if you did not help yourself, if you try with failure you will pay, sorry to say that, but this is what I have seen personally, from my own history of the examples I have seen. Ammm you have the keen ability to succeed, we all do as humans, this is the privilege we have. It is a magic that you can control if you have the tools.

I do not have the answers, but I know myself and we are all the same I think..some people seem to evolve faster or more than others. I do not know. I make magic..and I passed the magic to my offspring, though they never quite know it.

I am very sure of myself and I chose the lifestyle which suited me best. I control my limits and decide on those limits. My friends add to the wisdom, some of us were lucky, I think and it worked for me. I can talk and write a lot I practice that, but in the end its quite as simple as, and is the breath, you have to figure out the riddle of life. Sometimes I get confused and contradictive of myself and all others.

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Happy 70th Birthday Neil Garfield!!!!!

Livinglies's Weblog


Dear Mr. Garfield,

For the last decade you have enlightened and educated millions of homeowners and helped countless others defend against fraudulent foreclosure.

Your willingness to explain complex legal theories and procedure have helped to level the playing field between homeowners and the banks.

We appreciate your sacrifices and believe that history will memorialize you as a mercenary who exposed the greatest financial crime ever perpetrated on the American public.  The Livinglies blog was ground-zero.

Happy Birthday!


The Lending Lies Team & your devoted readers

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Houk v. PennyMAC CORP. | FL 2DCA – PennyMac failed to meet its burden of showing the nonexistence of a genuine issue of material fact regarding its entitlement to enforce the lost note.

Livinglies's Weblog

Hat tip to


LANE A. HOUK, Appellant,

Case No. 2D15-2583.District Court of Appeal of Florida, Second District.Opinion filed February 10, 2017.Appeal from the Circuit Court for Lee County; Thomas S. Reese, Senior Judge.

Mark P. Stopa of Stopa Law Firm, Tampa, for Appellant.

Nancy M. Wallace of Akerman LLP, Tallahassee; William P. Heller and Marc J. Gottlieb of Akerman LLP, Fort Lauderdale; and Kathryn B. Hoeck of Akerman LLP, Orlando, for Appellee, PennyMac Corp.

No appearance for remaining Appellees.


Lane A. Houk challenges a final summary judgment of foreclosure entered in favor of PennyMac Corp., an entity that was substituted as the party plaintiff in place of CitiMortgage, Inc., during the pendency of the litigation in the circuit court…

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Death is the relationship of this body to the earth

Death is the relationship of this body to the earth, the body dies but life moves on and lives on, in this manner death does not exist. I have support for my feelings from personal experience, for instance, I know that to understand the meaning of life, certain attributes about a person must be made to die.

In the Caribbean, we say “two man-crabs cannot live in the same hole”, this holds true, as simple as it sounds.

In order for a person to understand and to come to realize the meaning of life, specific elements of the mind must be put to rest, this is no easy task. Stilling the mind long enough for the peace to rise in the human body, is an art, making the mind stop takes consistent practice, and is a lifelong endeavor.

Over the years I came to know the unknown factors of mental death and to a lesser part, I became in control, to a limit, of the mind. The is mind is a very difficult monster to tame, it is entrenched in all humans, past on from human to human and is also deeply entrenched in everyday life.

I know that most people are afraid of the unknown and since death is the ultimate event in a human`s life, which most people know nothing about, people fear death, after all, no one has come back to tell us what death is like.

I find it interesting that a dead body also springs new life, life cannot die, if life did die existance would cease to exist, so life is everlasting.

Everlasting life is more than a belief or a faith, but rather it is seated  on an irrefutable Knowledge.

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Immigrants Want You to See These Chilling Photos of US Detention Centers Tom Cahill | February 14, 2017


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Ken Ward With Wes Clark Jr. On The Young Turks


Published on Nov 16, 2016

Wes Clark Jr. of The Young Turks interviews longtime environmental activist Ken Ward, the founder of the Climate Disobedience Center. The purpose of the Climate Disobedience Center is to serve as a catalyst for direct action, creating points of vivid moral clarity, emboldening both climate activists and the unlikeliest of allies, to capture the heart and soul of the climate debate.…

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Redneck Revolt response to Alt-Right

Published on Feb 10, 2017

This is our response to a video spread by Milo Yiannopoulos: “Asian Trump Supporter Smashes Liberals and Identity Politics”.
Facebook: @RedneckRevolt

What is Redneck Revolt?
The history of the white working class is one full of resistance, collectively and individually, against the rich elite that hold power over all of our lives. From massive armed uprisings like the Battle of Blair Mountain in 1921, to the resistance to coal mining in predominately white rural Appalachia today, white working people have been in conflict with those that uphold predatory economic, political, and social systems.
The history of the white working class is also one filled with collaboration with those same rich elite power holders. White working people have played the role of footsoldiers for the political and economic elite, participating in genocide, enslavement of other peoples, and overall protectors of the ruling class. White working class participation in state and paramilitary organizations and formations like the Ku Klux Klan, the Minutemen, the U.S. Armed Forces, and the Council of Conservative Citizens has undermined the struggle for freedom among all people.
It is with these conflicting histories in mind that the authors of this blog hope to incite a movement amongst white working people that works toward the total liberation of all working people, regardless of skin color, religious background, sexual orientation, gender identity, nationality, or any other division that bosses and politicians have used to fragment movements for social, political, and economic freedom.
Why the term redneck?
The history of the term redneck is long and complex. One of the earliest recorded uses of the term comes from the 1890’s, and refers to rednecks as “poorer inhabitants of the rural districts…men who work in the field, as a matter of course, generally have their skin burned red by the sun, and especially is this true of the back of their necks”.
In 1921, the term became synonymous with armed insurrection against the state, as members of the United Mine Workers of America tied red bandanas around their necks during the Battle of Blair Mountain, a two week long armed labor uprising in the coalfields of West Virginia.
Today, the term redneck has taken on a demeaning connotation, primarily among upper class urban liberals who have gone out of their way to dehumanize white working class and poor people. Terms like “white trash” have come to signify the view among these same upper class liberals of poor rural whites.
To us, the term redneck is a term that signifies a pride in our class as well as a pride in resistance to bosses, politicians, and all those that protect domination and tyranny.
Why would whites be opposed to white supremacy?
White supremacy is a system of violence and power that ensures that political, economic, and social power is withheld from people who aren’t white.
As white working class people, we have all benefited to a certain extent from the system of white supremacy that exists within the United States. However, this same system, and our participation within it, have also ensured that white working class people will stay poor and also relatively powerless in this society.
The greatest threat to those that pull the political and economic strings in this society is a unified resistance movement among poor and working class people. The vast majority of those that live in the United States, have relatively no power over the decisions and conditions that affect our lives. The overwhelming majority of those that live in the U.S. are poor or working class. We are the ones that see our paychecks (if we happen to even get one) gutted, our pensions and benefits dry up, our communities destroyed by drug abuse and poverty related crimes, and our entire lives spent struggling to just survive.
At moments that white working people have looked beyond their skin color and have worked alongside movements of poor and working class people of other races, the power of the ruling elite has become the most threatened. It is when the white working class has started to view itself in terms of class and not race, that liberation has waited just around the corner.
White supremacy is a system that white working people have helped protect, but it is also a tool against us. Our allegiance to a politics of white racism has allowed the rich to continue to hold onto power.
If we, as white working class people, want to see a reality of political, social, and economic freedom, REAL freedom, then we must directly contribute to a struggle against all oppression, especially white supremacy.

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This Industry That Donated To Trump Sees Stocks Soar As ICE Raids Rip Apart Families


This Industry That Donated To Trump Sees Stocks Soar As ICE Raids Rip Apart Families

Major Trump Donor Sees Windfall As ICE Raids Intensify

Immigration and Customs Enforcement conducted immigration raids Thursday and Friday that were described as “large scale” and of “unusual intensity” in at least six states, the Washington Post reported. Even as the Republican president’s ban on immigration from 7 predominantly Muslim countries was slapped down by the 9th Circuit as lacking a logical reason for its haste, Donald Trump flexed his powers to round up immigrants by force.

Immigrants and activists noted several trends. ICE was targeting large cities with large immigrant communities, conducting traffic stops, raiding homes, arresting people who had no criminal record, going door-to-door demanding to see people’s papers, and arresting people who couldn’t produce documentation to prove citizenship. The raids marked the beginning of an apparent effort by the Republican administration to make good on Trump’s promise to deport upwards of 3 million people. Under President Barack Obama, immigration enforcement targeted those who had committed crimes, and didn’t seek to split apart law-abiding families or heavily target the so-called DREAMers, young people who knew no other home. Trump’s enforcement policy seems to have no plan to make any distinctions, and will likely result in profiling and detaining lots of people who have done nothing wrong, widespread 4th Amendment violations and other civil liberties nightmares.

The raids are guaranteed to split up families who have lived together in the US for a long time, since large scale roundups will net people who are undocumented but have young children who are American citizens, grandparents and extended relatives who came to join legal residents, etc. Many of the DREAMers were young children when they crossed into the US and have lived here for years or decades, and have known no other home. The inhumanity of deporting them and the inability to reconcile strict enforcement with birthright citizenship and a desire not to split up families as national policy is why previous administrations have not gone after these groups aggressively.

As terror and panic tore through large immigrant communities across the Untied States, one industry was having a field day in the stock market: private prisons.

GEO Group is one of the largest purveyors of private prisons in America. Its stock prices have been on a roller coaster since August. On August 18th, the Obama administration announced that the federal government would phase out use of private prisons after a large scale audit found they had widespread safety and security problems that were worse than government-run prisons. The company’s stocks immediately tanked. There was speculation that the private prison industry could collapse soon. The next day, August 19th, GEO Corrections made a $100,000 donation to Rebuilding America Now, a Super PAC supporting Trump, according to OpenSecrets. In total, GEO Group and affiliates donated at least $275,000 to Trump in the presidential campaign. And that doesn’t include the hundreds of thousands it has donated to Republicans in Congress. Another large private prison contractor, CoreCivic, formerly known as Corrections Corporation of America, also made donations. Its stocks have followed a trajectory very similar to GEO Group’s.

Related: WATCH: Viral Documentary “Immigrants For Sale” Exposes Private Prison Horrors

GEO Group’s and CoreCivic’s stocks remained low until election day, when they skyrocketed as Trump narrowly clinched the electoral college while losing the popular vote by 3 million votes. They continued climbing, and they are soaring again now that Jeff Sessions has been sworn in as Attorney General, Trump signed executive orders calling for more aggressive policing, and widespread raids have begun.

There are likely several reasons why their stocks are soaring. Private prisons spend a small fortune on lobbying for new laws that would result in new categories of crimes, and therefore, more people being imprisoned. The Republican administration is planning to do that beyond GEO Group’s wildest dreams. If the administration goes ahead with a wholesale deportation regime, they will have to build detention facilities to house hundreds of thousands of people as they are being processed. The resistance to that process is likely to lead to widespread violent crackdowns by police. That will lead to more incarceration. Sessions has expressed a desire to reignite the drug war in earnest, which could also lead to increased detention on a large scale. Trump has expressed a desire to “send in the feds” to inner cities to police black communities even more heavily than they already are.

Despite the fact that the United States imprisons more of its people total and per capita than any other country, imprisonment is likely about to skyrocket. The logical conclusion of everything that this administration wishes to do is to create new categories of crimes, whole new categories of populations deemed “illegal” and the incarceration of potentially millions of people. As Keith Olbermann ominously explains, basic arithmetic dictates that what they are proposing to do will likely necessitate the construction of “concentration camps.”

Private prisons also invest in other industries, particularly agriculture, textiles and manufacturing. They use their prisoners for cheap labor, and turn a profit on the labor. As Trump detains hundreds of thousands of undocumented migrants, they will be leaving vacancies in these kinds of labor markets. It’s entirely possible that ICE could raid a farm, incarcerate all the workers, and a private prison could send them back to the same kind of farm to do the same kind of work for almost no money. But now, Trump’s donors would be turning a profit on what is essentially slave labor.

We know that Trump ally Rudy Giuliani–who was instrumental in FBI Director James Comey’s 11th hour nonsensical intervention in the election–is invested in private prisons, and has lobbied for them. Since the Republican president has not released his taxes, we don’t know whether he is invested in private prisons. But during the campaign, Trump told Chris Matthews in a town hall interview, “I do think we can do a lot of privatizations and private prisons. It seems to work a lot better.” The idea that private prisons are “better” in any way than government-run prison is not supported by any facts. Private prisons cost taxpayers more, cause more people to be thrown in prison, violate the health and safety of prisoners more, and corrupt politicians more than publicly funded prisons. The scale of Trump’s secret holdings and the bonanza he’s creating for private prisons raises the question of whether he is directly profiting from his new role as America’s warden.

So this is where we are in America right now, an authoritarian regime is forming like a Voltron of the most inhumanely exploitative industries, ripping law-abiding families apart for profit, to yank us back to the kind of society that existed before the Civil War. When Trump said “Make America Great Again,” he was referring to the Confederacy.

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