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Arkansas

The People Rule

Quick Facts
 
Capital: Little Rock
 
Area: 53,104 square miles
 
Ranks 27th in size
 
Nicknames: Land of Opportunity, The Natural State
 
Admission Date: 1836
 
State Flower: Apple Blossom
 
State Bird: Mockingbird
Did you know?
  • The official beverage of Arkansas was once milk.
  •  
  • Arkansas passed a resolution on the correct way to pronounce their name: "Ark-an-saw".
  •  
  • The first place in North America where diamonds were discovered and commercially mined is near Murfreesboro, Arkansas.
  •  
  • The flag of Arkansas has 25 stars symbolizing they were the 25th state to join the United States.

In 1836, Arkansas became the 25th State to be admitted into the United States of America. Below are excerpts of the Arkansas Constitution followed by what has and is happening in Arkansas.

The Constitution of Arkansas
We, the People of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government; for our civil and religious liberty; and desiring to perpetuate its blessings, and secure the same to our selves and posterity; do ordain and establish this Constitution.
Preamble

All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
Article 2, Section 2

The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy;
Article 2, Section 7

No person shall be deprived of life, liberty or property, without due process of law.
Article 2, Section 8

The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor.
Article 2, Section 22

All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other.
Article 2, Section 24

Religion, morality and knowledge being essential to good government, the General Assembly shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship.
Article 2, Section 25

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It is happening in Arkansas
Is it the land of opportunity for homeowners...or have crooked banks changed the natural state of affairs?



Dear PHH Mortgage: Stop Screwing up our Credit and our Payments! Stop trying to Steal our Home through Foreclosure!
Arkansas homeowners Kendra and Todd thought they were living the dream when they became homeowners in August of 2010. Now they are living a mortgage servicing nightmare. In a story that eerily mirrors my battle to overcome lender errors and erroneous credit reporting, Kendra and Todd have not missed a mortgage payment, nor do they have any financial difficulties. And yet their home is on the path to a wrongful foreclosure and their credit rating has been destroyed. They spend their time in an endless round of phone calls and letters in an attempt to prevent their home from being stolen out from under them. They are terrified they will be unable to get their mortgage servicing company, PHH Mortgage, to finally and effectively correct their accounting errors and clean up the credit reporting mess the bank created--before it's too late.
According to these sites, Kendra and Todd of Little Rock, Arkansas, were current when PHH took over their loan. Read what happened next. BEWARE! Forcing homeowners into “No more payments, No more loan” situations might be a standard procedure for PHH. It happened to us. It could happen to you.
Read more...

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 Tags: Arkansas
Source: http://www.givemebackmycredit.com/blog/2011/01/dear-phh-mortgage-stop-screwing-up-our-credit-and-our-payments-stop-trying-to-steal-our-home-through.html
Article by Denise Richardson, January 26, 2011

 

Facing Foreclosure Without Missing A Payment: One Couple's Housing Nightmare

For the past 30 days, Kendra and Todd Parker have been trying to figure out what to tell their four children, fearing that they, like millions of other Americans facing foreclosure, could be tossed out of their home.

But unlike the vast majority of homeowners in their predicament, Kendra Parker says she can prove she and her husband have not missed a single mortgage payment....

Once the Parkers' first payment was missing for 90 days, their account was considered delinquent, and the mortgage company automatically stopped accepting their payments. This is how even homeowners who appear to have made every single payment find themselves threatened with foreclosure....

LOST IN THE SHUFFLE The Parkers' story is one of the more extreme battles between mortgage servicers and homeowners. There are popularly-repeated tales of foreclosure confusion: the two different law firms that, in two different short sales, sold the same Florida house to two different people. The attempt to foreclose on a house that had no mortgage on it....

"It is a scandal of epic proportions in America," said the lawyer, Steve Owings. "We have a government who has been deeply ineffectual in dealing with this, people are being divested of their interest in real property by rapacious loan servicers and collection companies."....So the Parkers continue to wait for something to happen, in what Kendra refers to as their "holding pattern."

"It's heart-wrenching, we just finally finished decorating, and we just got the kids' rooms the way they want," she said. "For the past 30 days, I've had the shakes inside out. It's hard to focus on work, it's hard to focus on anything but this."....
Read more...

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 Tags: Arkansas
Source: http://www.huffingtonpost.com/2011/02/16/phh-mortgage-servicing-foreclosure_n_823768.html
Article by Yepoka Yeebo, December 6, 2017

 


Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.



Plaintiff must produce original note not copy otherwise maker may face double liability.
"First, as previously discussed, we mention the unfairness in these circumstances that, if a duplicate was allowed in place of the original note, the McKays could later be subjected to double liability if the actual holder of the note appeared."
McKay v. Capital Res. Co., Ltd., 940 S.W.2d 869, 327 Ark. 737 (1997)

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 Tags: Arkansas
Source:
McKay v. Capital Res. Co., Ltd., 940 S.W.2d 869, 327 Ark. 737 (1997)
 

Common Law and Christianity
“This system of religion (Christianity) is recognized as constituting a part and parcel of the common law.”
Shover v. The State, 10 English, 263, Arkansas Supreme Court, 1905

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 Tags: Arkansas
Source:
Shover v. The State, 10 English, 263, Arkansas Supreme Court, 1905
 

And more articles to tell what is happening in Arkansas are coming soon...

Arkansas has 56,000 foreclosure stories waiting to be told. Have you read an article in your local paper that exposes fraud, abuse, or corruption? Send it to us! We want to help save Arkansas homes.