From Our Friends at Living Lies Weblog


URGENT REQUEST! California Court attempting to Bury Decision!!! Don’t allow Guliex v. PennyMac to go unpublished! Act Today!
7h ago

California Fifth Court of AppealsGuilexguilex v pennymac

Unfortunately it is not uncommon for courts to skirt the rules in order to protect the banks if they can get away with it. It is up to California attorneys and homeowners nationwide to contact California’s Fifth District Appellate court and request that the Guliex case be published. YOU almost didn’t have this opportunity because it appears the court attempted to end the submission window six-days early !

We need all HOMEOWNERS and FORECLOSURE ATTORNEYS NATIONWIDE to HELP get this case published!

Homeowners, PLEASE write the Court at the address below TODAY (or use the template) and request that Guliex v. PennyMac be published. Attorneys and registered pro se litigants can file electronically through the court’s TrueFiling.com system.

Letters should be mailed TODAY or possibly MONDAY if you live in California to be received by the Tuesday, August 1st deadline.

Electronic filings are accepted up until Tuesday.

Originally the court had issued an order stating that no more letters requesting publication of Guliex would be accepted. Apparently after public outcry, the court clerk stated they would now accept requests to publish until Tuesday, August 1st, 2017.

On July 12th, 2017 the California Fifth Appellate Court issued an unpublished opinion in Guliex v. Pennymac Holdings, a case that may potentially benefit homeowners nationwide who are litigating illegal trustee sales and Chain of Title issues.

The Rules of the Fifth Appellate Court permit 20 days for attorneys and citizens to request publication of the case by submitting letters to the court. The court originally incorrectly listed the deadline as July 27th when the deadline should have been August 1st, 2017. Thus, the court clerk shut down requests for publication SIX days prematurely.

The Appellate court also issued the opinion that the Guliex decision, “does not establish a new rule of law, nor does it meet any of the criteria set forth in California Rules of Court, rule 8.1105(c).”

WHAT? REALLY? The decision likely doesn’t meet the court’s publication criteria because it actually benefits the Homeowner, not the Bank for a change!! Apparently Homeowners fighting foreclosure and hostile courts must also fight judicial CENSORSHIP if they prevail, in addition to the other abuses and injustices they confront at every judicial juncture.

Unfortunately, this is one more attempt to silence victims of fraudulent foreclosure and the attorneys who defend them. The Guliex case is important because the court actually complies with the rule of law it established in its own jurisdiction.

Common sense decisions regarding wrongful foreclosure are infrequent and typically eroded or overturned. Yvanova, one of the finest decisions on the importance of standing, was decimated by the Saterbak ruling. A favorable precedent that adheres to the rule of law must be allowed to stand. We must be vigilant and our voices united.

Please write a simple letter, or copy the template below and mail it TODAY requesting that the court publish the Guliex decision. The request for publication should not exceed 2 pages.

(Hat tip to Charles Cox for composing the content of this letter). Please edit as desired.

Fifth District Court of Appeal
Request for Publication, Case No. F073142
Attn: Honorable Brad Hill, Presiding Justice
2424 Ventura Street
Fresno, CA 93721

Subject: Request for Publication

Guliex v PennyMac Holdings LLC

Court of Appeal No F073142 filed July 12, 2017

Opinion cited as 2017 Cal App Unpub Lexis 4742

REQUEST FOR PUBLICATION OF OPINION

Dear Justices of the Fifth Appellate District of the California Court of Appeal,

Pursuant to California Rules of Court (“CRC”), Rule 8.1120(a) et seq., I am writing to respectfully and timely request certification for publication of the Court’s entire Opinion, or in the alternative, partial publication of Parts I. et seq. and II.B., for the case captioned above.

My interest in this request relates to the engineered attacks upon home ownership by unauthorized intermediaries engaged in self-help that is California’s non-judicial foreclosure process; and the application, interpretation, clarification and addressing of the facts in this instant case by the Appellate Court and its distinguishing other holdings involving legal issues of continuing public interest as well as clarification of certain specifics related to this field of litigation as the Opinion(s) may apply to other cases more readily once published.

The Opinion meets the standard for publication as authorized by CRC, Rule 8.1105(c) which provides that an opinion of a Court of Appeal or a superior court appellate division-whether it affirms or reverses a trial court order or judgment-should be certified for publication in the Official Reports if the opinion:

(1) Establishes a new rule of law;

(2) Applies an existing rule of law to a set of facts significantly different from those stated in published opinions;

(3) Modifies, explains, or criticizes with reasons given, an existing rule of law;

(4) Advances a new interpretation, clarification, criticism, or construction of a provision of a constitution, statute, ordinance, or court rule;

(5) Addresses or creates an apparent conflict in the law;

(6) Involves a legal issue of continuing public interest;

(7) Makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law;

(8) Invokes a previously overlooked rule of law, or reaffirms a principle of law not applied in a recently reported decision; or

(9) Is accompanied by a separate opinion concurring or dissenting on a legal issue, and publication of the majority and separate opinions would make a significant contribution to the development of the law.

I contend the Court’s well-reasoned Opinion contained therein accordingly satisfy sub-sections 1, 2, 3, 4, 5, 6, and 8 as referenced above more specifically related to Sections I. sub-sections B, C, and D.

Section I.B. The Opinion clarifies that a homeowner “…has standing to challenge a foreclosure by an unauthorized entity.” Further, the Opinion clarifies that although a superior court may take judicial notice of documents that have been publicly recorded at a county recorder’s office, the “disputed or disputable” factual content of recorded documents is inadmissible hearsay. This meets the standard for publication per CRC, Rules 8.1105(c)(2, 3, 5, 6 and 8).

Section I.C. The Opinion establishes a new rule on the analysis of a chain-of-title as reflected documents publicly recorded at a county recorder’s office; as well as the analysis of each link in the chain-of-title as to whether a document can establish an unbroken or perfect link in the chain. The Opinion further clarifies that a plaintiff must allege facts that show the defendant who invoked the power of sale was not the true beneficiary. This meets the standard for publication per CRC, Rules 8.1105(c)(1, 2, 4, 6 and 8).

Section I. D. The Opinion establishes a new rule by distinguishing the two illegal types of wrongful foreclosures: procedural irregularities v. unauthorized foreclosure. This is an important opinion for these cases not previously popularized by other opinions clarifying the question of whether and/or when a homeowner must allege tender and/or prejudice. This meets the standard for publication per CRC, Rules 8.1105(c)(1, 2, 4, 5, 6 and 8).

Based on the foregoing, I respectfully request this Honorable Court publish the above referenced Opinion.

Respectfully submitted,

We encourage readers to post copies of the letters mailed to the court in the comments section of this post. Just to keep the courts honest!

Thank you to California Attorney Charles Marshall, Eva Sutton and Celia Salazar for their efforts to publish this important opinion.

From: ERADICATE: BLOTTING OUT GOD IN AMERICA

Author: David Fiorazo
Radical Take Down of America: Has The Left Won?

Radical Take Down of America: Has The Left Won?
Posted: March 4, 2017 by David Fiorazo in American History, Church, David’s Blog, Government Corruption, President Obama, Saul Alinsky

Tags: American history, Barack Obama, Christianity, Cloward-Piven, Economics, Education, entertainment, Environmentalism, Globalism, government, Hillary Clinton, Hollywood, liberalism, Marxism, progressive, religious freedom, Saul Alinsky, Socialism, welfare 0
chipped-flag-on-brick-wall-300×200

The United States of America has been under attack – from within. Two things make this fact even worse: many people are oblivious, and the larger problem is others just don’t seem to care.

It is important we understand how we got to this point of corruption and crisis as a nation, determine who is responsible, and decide what we can do about it. You may know much of this information, but many of your friends do not; please share it.

In order to examine the spiritual, financial, and political condition of the United States of America, the epic prize globalists wish to conquer, it’s vital we acknowledge some brief history.

Pilgrims and patriots came to these shores to escape religious persecution, government intrusion, and to establish a God-fearing settlement that would flourish on faith and freedom. This great Republic was originally founded upon biblical teachings, Moral Law, and the Declaration of Independence. We know, however, this is not the same country it was one or two hundred years ago.

We now know – and many of these are interchangeable – atheists, communists, liberals, humanists, Marxists, progressives, and socialists have infiltrated our government and undermined the order and very foundation of our nation. They have infected our courts, the education system, our corporations, the entertainment industry, and unfortunately, many of our churches. (Read about the Emergent Church.)

Most of us would like to see this nation return to one in which people once again honor the Lord first, respect the Constitution, the Flag, and allow others to live their lives based on Judeo-Christian principles. But this may be wishful thinking because political correctness will no longer coexist with religious freedom.

For concerned Christians, there is a stark reality looking us square in the eyes: God’s Word (Bible prophecy) reveals some sobering truths about the future of our nation and this world. Things will become even darker, more chaotic, and people’s hearts will grow cold. The Bible tells us evil will appear to prevail in the days leading up to the Lord’s return, and nations will not only come against Israel, they will stand in defiance of God our Creator and King.

The question is how much time do we have in the United States of America? Obviously, no one can answer this specifically. Could we have a great spiritual revival and awakening in our nation? It is possible, but not probable. Have we become such stiff-necked, lukewarm, self-serving people we have already sealed our own fate? Perhaps.

The other day, our guest on Stand Up for the Truth, Julaine Appling said, “Law is always downstream of culture.”

It is true our culture drives politics and legislation in America. Just look at the powerful LGBT lobby teaming up with Hollywood and the liberal media! But what happened to the influence of the church? Christianity used to drive culture, but today, more and more churches, leaders, and denominations have become silent or have conformed to the world.

Anti-Christian, anti-American agendas are being carried out across the country with little concern or resistance.

Two evil, influential political philosophies have shaped the direction of our nation over the past 50-plus years, and we see devastating effects on Americans who are (for the most part) unknowingly embracing them.

Saul Alinsky’s “Rules for Radicals”
The Cloward-Piven Strategy
These two progressive, Marxist philosophies and their implemented agendas have been used together to bring our nation to the precipice of economic and moral destruction. First, a quote from: Rules for Radicals: A Pragmatic Primer for Realistic Radicals

“In the beginning the organizer’s first job is to create the issues or problems.” Saul D. Alinsky,
The Obama administration sure took that principle to heart.
…Chicago-born Saul David Alinsky (1909 – 1972) was an American community organizer who dropped out of graduate school at the University of Chicago to work as a criminologist. He was drawn to the world of gangsters and was a confidant of the Al Capone mob. Alinsky became a “student” of enforcer Frank Nitti, who took over the mob when Capone was sent to prison. An Alinski radical has one main goal – power.

His motto was, “The most effective means are whatever will achieve the desired results.” In 1971, the hard Left, progressive community organizer wrote a playbook of subversive tactics to empower an upcoming generation of change agents. A few notable adherents to the Alinsky method are: Bill Ayers, Bernardine Dohrn, Van Jones, Bill and Hillary Clinton, Jim Wallis, and former President Barack Obama.

Expert organizer, President Obama, didn’t miss a beat when he left office and according to reports is scheming to sabotage Donald Trump’s presidency. His army of agitators numbering in the tens of thousands will take orders from Obama’s command post in his new Washington home less than two miles from the White House. Not content to move on like other ex-presidents, Obama is actively working to fight against Republicans.

Having raised over $40 million in the last few years of his presidency with the help of former Obama aides and campaign workers, his network of leftist nonprofits led by Organizing For Action (OFA) with 250 offices across the country, added staff, and fresh recruitment of liberal activists. Not only that, but Obama’s close confidante Valerie Jarrett has moved into his new DC home, the nerve center for their plan to mastermind the insurgency against the Trump administration.

The Alinsky Game Plan:
Exploit the weaknesses inherent in the system, made weaker by pitting opposing forces against one another.
Oppose independent, morally strong, educated people because those individuals, especially in groups, can’t be manipulated easily.
They attempt to end-run constitutional rights with social contract and dialectic consensus methods. Engage in large scale social engineering, attempting to unfreeze a society using chaos, and to then refreeze it in a new predefined shape.
The dividing lines they polarize people on are most often racial, economic, religious and political.
Cause social instability through subversive and divisive rhetoric. One method is to control the outcome of the education system by lowering the standards of education so that it creates a dependent class.
Use their political platforms to overload a society with social spending programs and class warfare to the point that hatred and division cause social panic.
Once they’ve created a problem, they propose themselves as the answer and use wealth transfers and the trumping of rights as the method to bring about “equality.”…

THE EFFECTS:
An overpowering Federal government bureaucracy that has violated the U.S. Constitution’s principles of limited Federal government power and control.
$20 trillion in national debt. Not even counting Social Security and Pension obligations: Most estimates are the nation is almost $100 trillion in debt: A system waiting to collapse.
An American public that has become addicted to government handouts. More than half the population is on direct assistance from the government.
A laziness and narcissism with Americans where they look to government to provide instead of providing for themselves.
Massive Student Loan debt that will never be repaid because of a corrupt educational system that lured young people with lies and false illusions.
The only way to get out of this fiscal mess is a complete overhaul of the debt situation in the nation: BANKRUPTCY, which leads to a Marxist State.

THE ALINSKY DOCTRINE:
8 Steps to Topple a Nation and Create a Socialist State.
Alinsky’s Rules for Radicals and The Cloward-Piven Strategy have been woven together by Progressive Marxist-Humanists to create a crisis so bad that the only “solution” is what they have wanted: Communism. Let’s look at the eight points where the two doctrines intersect.