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Georgia

Agriculture and Commerce, 1776
Wisdom, Justice, Moderation


Quick Facts
 
Capital: Atlanta
 
Area: 58,876 square miles
 
Ranks 21st in size
 
Nickname: Empire State of the South, Peach State
 
State Slogan: Georgia on My Mind
 
Admission Date: 1788
 
State Flower: Cherokee Rose
 
State Bird: Brown Thrasher
 
Did you know?
  • The official insect of Georgia is the honeybee.
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  • In 1887, an Atlanta drugstore was the first place in the world to serve a Coca-Cola.
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  • In 1793, Eli Whitney invented the cotton gin which could clean as much cotton as 50 people.
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  • Georgia is the largest state east of the Mississippi River.
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  • There is a 3-acre carving on Stone Mountain of the Confederate leaders Robert E. Lee, Stonewall Jackson, and Jefferson Davis.
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  • Georgia Tech once beat Cumberland University 222 to 0 in their college football game. At that time, this was the worst defeat in college football history.
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  • The first woman elected to the United States Senate was Rebecca Latimer Felton from Georgia.

On January 2, 1788, Georgia became the 4th State to be admitted into the United States of America. Below are excerpts of the Georgia Constitution followed by what has and is happening in Georgia.


The Constitution of Georgia
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
Preamble

Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty, or property except by due process of law.

Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.

Paragraph III. Freedom of conscience. Each person has the natural and inalienable right to worship God, each according to the dictates of that person's own conscience; and no human authority should, in any case, control or interfere with such right of conscience.

Paragraph IV. Religious opinions; freedom of religion. No inhabitant of this state shall be molested in person or property or be prohibited from holding any public office or trust on account of religious opinions; but the right of freedom of religion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.

Paragraph XI. Right to trial by jury; number of jurors; selection and compensation of jurors.
(a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall be the judges of the law and the facts…
Article 1, Section 1

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It is happening in Georgia



CHASE tries to evict 103-year-old Georgian woman and her 83-year-old daughter from their house of over 50 years in winter. Police and movers stand up against the mortgage company and refuse to evict her.
Tuesday was one of the dreariest days that Atlanta has had this year. Temperatures plunged to 35 degrees, almost 20 degrees cooler than over the weekend. Yet it was the day that 103-year-old Vinia Hall and her 83-year- old daughter were scheduled to be evicted from the modest home that Hall had lived in for over 53 years....
For the sheriff’s deputies and movers commissioned by JP Morgan Chase, who issued the foreclosure on behalf of Deutsche Bank, to evict the family would have been near-heartless....
Hall’s case brought together a host of community members determined to keep her from being forced out. In addition to the sheriff’s office, community activists and even a Georgia state senator, Vincent Fort, were seeking solutions. Fort said that he is outraged that Chase would consider kicking out an elderly woman....
“You can get a bailout for big banks for no bailout for Big Momma?” he asked....
At least in Georgia, people still have hearts....
Read more...

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Bank Backs Off
Following the public outcry in support of Lee, “Chase Bank, which services the loan on Hall’s house on Penelope Road that’s owned by Deutsche Bank now said it has no plans to evict Hall or her daughter.” The bank will instead work out an arrangement with the family so they can keep the home.
Hall credits the movers and deputies who refused to kick her out of her home with the victory: “I want God to bless them and he will. They won’t be able to count the blessing. I know I’m not…I can’t count them one-by-one.”
Read more...

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Tags: Georgia
Source: http://abcnews.go.com/blogs/headlines/2011/11/police-movers-refuse-to-evict-103-year-old-woman/
Article by ABCNews.com, November 30, 2011
http://thinkprogress.org/bank-backs-off-eviction-of-103-year-old-woman-will-work-out-a-deal-to-let-her-stay-1cbebafa0d1c/
Article by Zaid Jilani, December 1, 2011
 

Homeowners, advocates want bank reps jailed for foreclosure fraud

Homeowners and anti-foreclosure advocates are calling for bank officials and foreclosure attorneys to be criminally investigated and jailed for using fraudulent documents to force families from their homes.
Despite settling claims of foreclosure fraud with the U.S. Justice Department and 49 states, no bank official has been held criminally responsible for the submitted false documents in untold thousands of foreclosure proceedings.
"It makes mafia's organized crime look like fifth-grade math," said Patrick Powell of Cumming.
Powell said he became a victim of massive foreclosure fraud when he attempted to modify the loan on his Forsyth County home. He said the bank told him not to make his mortgage payments while it worked out the loan modification, then lost his 60-page modification application six times.
An auditor and foreclosure fraud expert, Paula Rush, said Georgia judges have largely ignored the problem and “rubber-stamped whatever the banks want."
An official in Massachusetts is cracking down on forged documents by refusing to accept them.
John O'Brien, Register of Deeds...has uncovered 38,000 fraudulent documents that have been recorded in his office. O'Brien said an outside audit revealed only 16% of the assignments in his registry are legitimate. "Totally fraudulent. The signatures are fraudulent and the information in some of the documents are fraudulent and they knew this. The banks knew this and the attorneys who processed this know it...I really believe [the banks are] a criminal enterprise. I truly believe this...They know what they're doing. They sit there and say they are too big to fall, but they're not too big to go to jail.

Great article. Thank you, John O'Brien, for your honesty and willingness to stand up to the banks. We need more men and women like you who are willing to do the right thing. Are you a Register of Deeds? Will you help stop mortgage abuse? Be a superhero like John O'Brien. Help fellow Americans fight for their homes. If you choose to do nothing and look the other way, you have made a choice to do something and that is become an accomplice.
Read more...

Note: CBS News did a special report which included John O'Brien as a guest. Do you want to know what 38,000 fraudulent documents and organized, organized crime looks like? Click here.

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Tags: Georgia
Source: http://www.cbsatlanta.com/story/19465592/homeowners-advocates-want-bank-reps-jailed-for-foreclosure-fraud
http://www.youtu.be/svS63XBfK8Y
Article by CBS Atlanta, October 3, 2012

 

Georgia jury sends $21 million message to sloppy mortgage loan servicer
On March 21, 2011, a Columbus, Georgia jury sent a very loud message to loan servicers in the form of a $21 million verdict and punitive damage award against PHH Mortgage....
Sergeant Brash was awarded 21 million dollars for PHH abuse. A Georgia jury responded to PHH's falsified credit reporting, mishandling of records, unfair debt collection, and abuse of Sergeant Brash. This jury helped Sergeant Brash fight all the way. Great job, Jury. Blessings to you for doing what you could to help!
Read more...

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Jury Awards Homeowner $21 Million In Mortgage Lawsuit
U.S. Army sergeant David Brash was awarded the damages in March, after a Columbus, Ga. jury found that PHH Mortgage, the country’s eighth largest mortgage servicer, had incorrectly reported Brash to credit score companies as “seriously delinquent” despite the fact that all his mortgage payments had been automatically deducted from his paycheck.
According to court documents, Brash sent letters to the mortgage company that went unanswered, violating federal laws. When he called his mortgage company to find out why his payments were not going through, his attorneys said, he was repeatedly routed to overseas customer services staff who couldn’t answer his questions....
An investigation by all 50 state attorneys general launched last fall when improper paperwork practices at banks and mortgage companies — like the “robo-signing” scandal — came to light found many banks and mortgage servicers violated numerous state laws in handling mortgages and foreclosures. While banks expect penalties, it is unclear whether homeowners affected by their banks’ actions will have any recourse.
Brash’s case remains one of a few in which homeowners have successfully established that their mortgage company was in the wrong, but lawyers say more are on the horizon....
Brash, based in Fort Benning, Ga., sued the mortgage company for breaching the federal Real Estate Settlement and Procedures Act. He also sued under Georgia state loan servicing and breach of contract laws.

False credit reporting. Dead end phone calls. Messed up records. PHH. It happened to Sergeant Brash. It has happened to millions of others. It happened to us. It could happen to you.
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Brash Audio Transcripts

Read the audio transcripts of the Sergeant Brash case.

NOTE: Tape all conversations with CHASE and PHH. We refused to speak with any customer service representatives unless our conversation was taped. They told us it was company policy not to talk with us if we were taping, but they could and would tape the conversation for us if we wanted. They told us all tapes would be kept by them and a third party storage company. If we ever needed the tapes, we could just request them. Then they told us they were taping, even had us pause at times while they set it up. BEWARE! Their tapes, account notations, employees who were a part of the conversations, have yet to be produced. Tape your conversations!! Another good idea is to have someone listen any time you talk with them. Fortunately, we used speaker phones and had a minimum of two people present in all conversations with CHASE and PHH. In fact and reality, we did not speak with either of these entities alone. Therefore, we have good documentation of all our conversations with them. However, so far they have blocked us from producing our witness testimony and have manipulated the Courts into not requiring them to produce theirs. Take every precaution. Cover your bases. It is better to play it safe than to get struck out.
Read more...

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David Brash v. PHH Mortgage
Read more...

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Tags: Georgia
Source: http://dcwintonlaw.com/mortgages/georgia-jury-sends-21-million-message-to-sloppy-mortgage-loan-servicer/
Article by David C. Winton, April 5, 2011
https://www.huffingtonpost.com/entry/david-brash-phh-mortgage_n_842707
Article by Yepoka Yeebo, May 30, 2011
http://dcwintonlaw.com/wp-content/uploads/2011/04/05311438338.pdf
http://www.dcwintonlaw.com/wp-content/uploads/2011/04/1-main.pdf

David Brash Case Filed 12/01/10
 

Video
CBS Atlanta News Special: Foreclosure Fraud in Georgia

In this video, CBS calls the mortgage crisis the largest fraud ever perpetrated on Americans... Courts know about the problem and so does law enforcement, but no one has been held criminally responsible. According to guest Patrick Powell, This is organized, organized, organized crime...It makes normal, like the Mafia's organized crime, look like fifth grade math. CBS explains what happened to start this crisis and tells the real truth about the abuse that is going on. This is not just Georgia news. This news report exposes the hostile take over of American homes nationwide. If you need proof of corruption, watch this video.
Read more...


Tags: Georgia
Source: https://www.youtube.com/watch?v=svS63XBfK8Y


 


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.



Injury to the Person
“The injury to Plaintiff’s persons does not need to be physical, and the Court finds that damage to Plaintiff’s credit reputation qualifies as an injury to his person sufficient to authorize recovery for emotional distress, as long as that injury causes a pecuniary loss. See id. (noting that ‘injury to the person’ includes ‘injury to reputation’);”
Brash v. PHH MORTGAGE CORPORATION, No. 4 09-CV-146 (CDL) (M.D. Ga. Mar. 4, 2011)

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Tags: Georgia
Source: Brash v. PHH MORTGAGE CORPORATION, No. 4 09-CV-146 (CDL) (M.D. Ga. Mar. 4, 2011)