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Louisiana

Union, Justice and Confidence

Quick Facts
 
Prior Name: Orleans Territory
 
Capital: Baton Rouge
 
Area: 48,523 square miles
 
Ranks 31st in size
 
Nickname: Pelican State
 
State Slogan: Fall in Love Louisiana all over again; Come as You Are. Leave Different.; Sportsmans Paradise
 
Admission Date: 1812
 
State Flower: Magnolia
 
State Bird: Eastern Brown Pelican
Did you know?
  • The official dog of Louisiana is the Catahoula leopard dog.
  •  
  • Lake Pontchartrain Causeway in New Orleans is almost 24 Miles long.
  •  
  • The last battle of the War of 1812, was fought near New Orleans.
  •  
  • Louisiana has parishes in place of counties.
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  • Louisiana is named after King Louis the XIV of France.
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  • In 1803, the Louisiana Territory was purchased from France for 15 Million dollars. This is known as the Louisiana Purchase which included what is now 13 States.

In 1812, Louisiana became the 18th State to be admitted into the United States of America. Below are excerpts of the Louisiana Constitution followed by what has and is happening in Louisiana.


The Constitution of Louisiana
We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, and religious liberties we enjoy, and desiring to protect individual rights to life, liberty, and property; afford opportunity for the fullest development of the individual; assure equality of rights; promote the health, safety, education, and welfare of the people; maintain a representative and orderly government; ensure domestic tranquility; provide for the common defense; and secure the blessings of freedom and justice to ourselves and our posterity, do ordain and establish this constitution.
Preamble

All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and promote the happiness and general welfare of the people. The rights enumerated in this Article are inalienable by the state and shall be preserved inviolate by the state.
Article 1, Section 1

No person shall be deprived of life, liberty, or property, except by due process of law.
Article 1, Section 2

(A) Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property…
Article 1, Section 4

No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof.
Article 1, Section 8

No person shall be subjected to imprisonment or forfeiture of rights or property without the right of judicial review based upon a complete record of all evidence upon which the judgment is based. This right may be intelligently waived. The cost of transcribing the record shall be paid as provided by law.
Article 1, Section 19

All courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights.
Article 1, Section 22


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It is happening in Louisiana



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.



Louisiana Court's Opinion on Wells Fargo's Conduct
“This adversary proceeding was filed by Michael L. Jones, debtor, (‘Jones’ or ‘Debtor’) in an effort to recoup overpayments made to Wells Fargo on his home mortgage loan.

In this case, Wells Fargo testified that every home mortgage loan was administered by its proprietary computer software. The evidence established:
1. Wells Fargo applied payments first to fees and costs assessed on mortgage loans, then to outstanding principal, accrued interest, and escrowed costs. This application method was directly contrary to the terms of Jones’ note and mortgage, as well as, Wells Fargo’s standard form mortgages and notes. Those forms required the application of payments first to outstanding principal, accrued interest, and escrowed charges, then fees and costs. The improper application method resulted in an incorrect amortization of loans when fees or costs were assessed. The improper amortization resulted in the assessment of additional interest, default fees and costs against the loan. The evidence established the utilization of this application method for every mortgage loan in Wells Fargo’s portfolio.

Punitive damages are warranted when the conduct in question is willful and egregious, or when the defendant acted ‘with actual knowledge that he was violating the federally protected right or with reckless disregard of whether he was doing so.’ There is no question that Wells Fargo’s conduct was willful.

Despite assessing postpetition charges, Wells Fargo withheld this fact from its borrower and diverted payments made by the trustee and Debtor to satisfy claims not authorized by the plan or Court. Wells Fargo admitted that these actions were part of its normal course of conduct, practiced in perhaps thousands of cases. As a result of the evidence presented, the Court also found Wells Fargo’s actions to be egregious.

Wells Fargo…has steadfastly refused to audit its pleadings or proofs of claim for errors and has refused to voluntarily correct any errors that come to light except through threat of litigation. Although its own representatives have admitted that it routinely misapplied payments on loans and improperly charged fees, they have refused to correct past errors. They stubbornly insist on limiting any change in their conduct prospectively, even as they seek to collect on loans in other cases for amounts owed in error.
Wells Fargo’s conduct is clandestine. Rather than provide Jones with a complete history of his debt on an ongoing basis,Wells Fargo simply stopped communicating with Jones once it deemed him in default. At that point in time, fees and costs were assessed against his account and satisfied with postpetition payments intended for other debt without notice. Only through litigation was this practice discovered. Wells Fargo admitted to the same practices for all other loans in bankruptcy or default. As a result, it is unlikely that most debtors will be able to discern problems with their accounts without extensive discovery. Unfortunately, the threat of future litigation is a poor motivator for honesty in practice. Because litigation with Wells Fargo has already cost this and other plaintiffs considerable time and expense, the Court can only assume that others who challenge Wells Fargo’s claims will meet a similar fate.

In this Court’s experience, it takes four (4) to six (6) months for Wells Fargo to produce a simple accounting of a loan’s history and over four (4) court hearings. Most debtors simply do not have the personal resources to demand the production of a simple accounting for their loans, much less verify its accuracy, through a litigation process.
Wells Fargo has taken advantage of borrowers who rely on it to accurately apply payments and calculate the amounts owed. But perhaps more disturbing is Wells Fargo’s refusal to voluntarily correct its errors. It prefers to rely on the ignorance of borrowers or their inability to fund a challenge to its demands, rather than voluntarily relinquish gains obtained through improper accounting methods. Wells Fargo’s conduct was a breach of its contractual obligations to its borrowers. More importantly, when exposed, it revealed its true corporate character by denying any obligation to correct its past transgressions and mounting a legal assault ensure it never had to. Society requires that those in business conduct themselves with honesty and fair dealing. Thus, there is a strong societal interest in deterring such future conduct through the imposition of punitive relief.

Wells Fargo’s actions were not only highly reprehensible, but its subsequent reaction on their exposure has been less than satisfactory. There is a strong societal interest in preventing such future conduct through a punitive award.”

IN RE JONES, No. 03-16518 (Bankr. E.D. La. Apr. 5, 2012)

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Tags: Louisiana
Source: IN RE JONES, No. 03-16518 (Bankr. E.D. La. Apr. 5, 2012)

 

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

Louisiana has 79,000 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 Louisiana homes.