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Signs that things are getting out of control

by José de la Isla

HOUSTON — House Speaker Nancy Pelosi has attracted considerable public attention by bringing up the specter of hateful political speech, making the historical connection to violence in the San Francisco community she represents in Congress.

She did so by referring to the killings 31 years ago of Mayor George Moscone and Supervisor Harvey Milk in that city at the hands of former Board of Supervisors member Dan White.

She brought it up because now is looking a lot like then.

In ’78 the Board was split 6-5 over pro-growth, pro-neighborhood positions when White resigned. Then he wanted his job back. Moscone, a liberal, would make the decision about conservative White’s political future.

White was the lone vote opposing San Francisco’s landmark gay rights ordinance which had passed that year. Time magazine referred to Milk as “the first openly gay man elected to any substantial political office in the history of the planet.” White and Milk had previously sparred over a group home that Milk favored in White’s district.

Ten days before White killed Moscone and Milk, California Congressman Leo Ryan, while on a fact-finding mission to Jonestown, Guyana, was murdered by cult members of San Francisco-based People’s Temple, led by Jim Jones. Ryan was a critic of Scientology, Sun Myung Moon’s Unification Church and destructive cults, religious groups that cause harm to their own members and others. Nearly a thousand people committed mass suicide or were murdered in Guyana.

Jonestown was the largest loss of U.S. civilian lives in a non-natural disaster up to that time. Ryan became the only congressman ever murdered in the line of duty.

The moral lessons from the two incidents did not stay on the surface like a good tattoo. Instead, they faded away.

November 1978 was the perfect storm of political issues, polarized world views and hysteria from Armageddon-preaching pulpits.

Together they created a fever that preys on people who can barely hang on, or whose neuroses takes the form of an egomaniacal heroism.

The pulpit calls, the thin philosophies and fear-evoking, end-of-life-as-we-know-it ideologies provide the atmospherics that give license to individuals on the brink of committing some out-of-bounds act of defiance. You can feel the seething.

Exaggerated, you say? It’s really not that bad right now? Oh?

The classic example about lynch-mob blinded rage is found in Dallas, 1963. In his book Death of A President, William Manchester noted that 110 murders had occurred there the year before President Kennedy was killed. The city had led the nation in homicides. Through his meticulous research, Manchester came to believe that the political climate there had been a factor in Kennedy’s death.

On hearing the news that the President had been killed, a fourth-grade class in a wealthy Dallas suburb burst into applause. As a teenager in Houston, I witnessed

a crowd do the same. A docent at the Texas Book Depository Museum told me five years ago he understood Dan Rather had reported something similar.

The infraworld — Jonestown and 110 murders in Dallas — are underlying signs that things are getting out of control.

Another is the license many people and their political leaders are taking to permit harm to come to others, deny undocumented immigrants drivers licenses, restrict places they can live, encouraging family disunification, permitting dragnets and prohibiting access to schooling. These are signs of an unnatural national coarseness. All are about the moral code breaking down and decency escaping the body politic.

Yet, one demonstration sign the mob holds up is true, however: “They Are Taking Our Country Away!”

­The ones who seethe with anger, demean the presidency, talk smack, believe guns are good and follow slogans like sheep are taking good parts of our country away and making it look like a destructive cult.

[José de la Isla’s latest digital book, sponsored by The Ford Foundation, is available free at www.DayNightLifeDeathHope.com. He writes a weekly commentary for Hispanic Link News Service and is author of The Rise of Hispanic Political Power (2003). E-mail him at joseisla3@yahoo.com.] ©2009

There is a plan to exterminate us in mass

by Marvin J. Ramirez

­Marvin  J. RamírezMarv­in J. Ramírez­­

A few months ago, headlines hit the sky with the news that Obama’s science czar considered forced abortions, sterilization as population growth solutions.

According to news reports, John Holdren, director of the White House’s Office of Science and Technology Policy, considered compulsory abortions and other Draconian measures to shrink the human population in a 1977 science textbook.

During the last year, El Reportero has received a considerable number of links to blogs that describe how the U.S. government is following the agenda of the banking elite to reduce the population, not only in the U.S., but in the rest of the world.

According to a FoxNews article, President Obama’s “science czar,” Paul Holdren, once floated the idea of forced abortions, “compulsory sterilization,” and the creation of a “Planetary Regime” that would oversee human population levels and control all natural resources as a means of protecting the planet — controversial ideas his critics say should have been brought up in his Senate confirmation hearings.

The article proceeded: Holdren, who has degrees from MIT and Stanford and headed a science policy program at Harvard’s Kennedy School of Government for the past 13 years, won the unanimous approval of the Senate as the president’s chief science adviser.

He was confirmed with little fanfare on March 19 as director of the White House’s Office of Science and Technology Policy, a 50-person directorate that advises the president on scientific affairs, focusing on energy independence and global warming.

But many of Holdren’s radical ideas on population control were not brought up at his confirmation hearings; it appears that the senators who scrutinized him had no knowledge of the contents of a textbook he co-authored in 1977, “Ecoscience: Population, Resources, Environment,” a copy of which was obtained by FOXNews.com.

The three authors of the 1,000-page book, summarize their guiding principle in a single sentence, which advocate totalitarian measures: “To provide a high quality of life for all, there must be fewer people.”

Holdren and the Ehrlichs, according to the article, offer ideas for “coercive,” ­“involuntary fertility control,” including “a program of sterilizing women after their second or third child,” which doctors would be expected to do right after a woman gives birth.

The Swine Flu pandemic, dear readers, did not appear as an accident. It was a man-made disease created for human extermination.

Mexican journalist receives prestigious award

by the University of Michigan

Lydia CachoLydia Cacho

In recognition of mexican journalist Lydia Cacho’s determination to defend powerless children and women from violence and exploitation, and to insist on her right and responsibility to write the truth, Cacho will be presented with the U-M Wallenberg Medal at 7:30 p.m. Thursday in Rackham Auditorium. After receiving the medal, she will deliver the Wallenberg Lecture.

­Lydia Cacho Ribeiro, a journalist, feminist and human rights activist, uncovered the most sordid secret of Cancún, the idyllic vacation resort, when she denounced a child prostitution and traffi cking ring hidden in luxury hotels that was organized by businessmen and protected by politicians and thugs.

Cacho’s book “The Demons of Eden” (2005), which captured national and international attention, details the role of the businessman Kamel Nacif Borge, known as the “King of Denim,” in protecting Jean Succar Kuri, an associate and hotel owner implicated in the operation of a child prostitution and traffi cking ring. The book brought nationwide attention to systemic corruption involving powerful business interests, politicians, law enforcement and judges.

After publication of her book, Cacho was arrested, beaten and threatened with rape. Taped conversations between the governor of the state of Puebla and Nacif Borge, in which they discussed plans for her detention, including the threat of rape, were subsequently published in the press, causing national outrage.

Cacho became the first woman in Mexico to file a federal lawsuit against government and judicial offi cials for corruption. By a narrow vote, the Mexican Supreme Court rejected the report of its own commission and dismissed her case, resulting in a renewed public outcry. The perpetrators in turn accused her of defamation, but the Mexican Supreme Court ruled that the content of her book was true.

According to International PEN and Reporters Without Borders, Mexico is the most dangerous country in the Americas for journalists and writers. Since 2000, 55 ­journalists have been killed and eight disappeared. Many have been forced into exile. Despite ongoing threats to her life and harassment, Cacho remains a determined and outspoken journalist and activist. She directs CIAM, a community-based organization in Cancún that works to bring attention to sexual exploitation and violence against women and children, and aid to its victims.

Cacho has received wide recognition for her work as a humanitarian and a journalist, including the Amnesty International Ginetta Sagan Award for Women and Children’s Rights in 2007 and the UNESCO/Guillermo Cano Freedom of Expression Award in 2008.

The Raoul Wallenberg Endowment, established in 1985, recognizes those whose courageous actions call to mind Wallenberg’s extraordinary accomplishments and values. A 1935 graduate of the U-M College of Architecture, Wallenberg, as a Swedish diplomat, saved the lives of tens of thousands of Hungarian Jews near the end of World War II.

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Unity behind de facto government cracks

­by the El Reportero’s news services

Manuel ZelayaManuel Zelaya

The ousted president of Honduras, Manuel Zelaya, ­remains holed up in the Brazilian embassy in Tegucigalpa, 10 days after his unexpected return to the country. Talks with the de facto president, Roberto Micheletti, have not materialized.

There are clear signs, however, that the broad spectrum of political and business leaders that backed the June 28 coup is withdrawing its unconditional support of Micheletti.

Not only is there a sense that he overstepped the mark this week by suspending civil liberties for 45 days, ostensibly in response to Zelaya’s ill-judged calls for insurrection, but there is also impatience with his obduracy. The Church, business sectors and the armed forces are now all involved in searching for a resolution to the crisis

 

Latinos, other members of Congress jump into Honduras’ fracas

by Erick Galindo & Camila Rodríguez Campo

Nearly 350 hotel workers and housekeepers were joined by prominent women leaders, students, community and clergy leaders on an all-day Bay area tour from Santa Clara Hyatt Regency San Francisco: to Grand Hyatt San Francisco, carrying the “Hope Quilt” in its 2nd leg in the 7-city “Hope for Housekeepers” National Tour. (PHOTO COURTESY BY UNITE HERE)Nearly 350 hotel workers and housekeepers were joined by prominent women leaders, students, community and clergy leaders on an all-day Bay area tour from Santa Clara Hyatt Regency San Francisco to Grand Hyatt San Francisco, carrying the “Hope Quilt” in its 2nd leg in the 7-city “Hope for Housekeepers” National Tour. (PHOTO COURTESY BY UNITE HERE)

Tensions continue to mount in the Americas with the tumultuous political climate of Honduras. Ousted Presiden­t Manuel Zelaya’s return to his country under the protection of the 13raizilian Embassy h­as not only escalated the risk of violence but it has raised the stakes in U.S. chambers.

The rift between Republicans, who support conservative coup-installed president Roberto Micheletti, and Democrats, who defend democratically elected populist Zelaya, is underpinned by a confrontation between Senators John Kerry (D-Mass.) and Jim DeMint (R-S.C.).

Kerryblocked U.S. StateDepartmentfunding for DeMint’s Oct. 3 trip to Honduras.

The senator’s aides had called the visit a “factfinding” trip, but also told The New York Times that the senator was going to Honduras to encourage the coup government to “resist” U.S. government pressure.

Three other Republican members of Congress accompanied DeMint, and three more, all Cuban Americans, are scheduled to travel there Oct. 5.

Obama Administration policy calls for reinstatement of Zelaya, although U.S. officials stated in the last Organization of Americas meeting that the way Zelaya returned to his own country was irresponsible and foolish. They stressed the importance of recreating a peaceful democratic environment.

Six House members sent a letter to the president of the Honduran Congress on Oct. 3 clarifying that the GOP legislators’ view did not reflect that of the U.S. Congress as a whole, which includes the all-Democrat, 24member Congressional Hispanic Caucus, Arizona’s Raul Grijalva joined 15 other House members in a letter urging Obama to take stronger action against the coup regime.

Despite the U.S. posture and lack of international support for Honduras’ de-facto government, DeMint acquired logistical support for his trip through the U.S. Department of Defense.

The trio of Cuban-American congressional members represent Florida districts.

The Diaz-Balart brothers, Lincoln and Mario, and lleana Ros-Lehtinen, all Republicans, made arrangements to travel to Honduras Oct. 5 to explore whether current U.S. policy is “undermining the democratic aspirations of the Honduran people and vital U.S. national security and commercial interests,” as Ros-Lehtinen framed it.

Zelaya was seized and spirited out of the country on June 28 for what his foes called constitutional violations. Now his associates are attacking Micheletti for suspending constitutional rights. His regime has already tear~ gassed the Brazil Embassy where Zelaya has taken refuge.

The coup government recently ordered the closure of media outlets, including Radio Globo, one of that country’s largest broadcasters. Responding to world reaction, coup leaders later lifted sanctions.

Ros-Lebtinen has remained adamant of her support of Micheletti.

“I am traveling to Honduras to conduct my own assessment of the situation on the ground and the state of U.S. interests in light of the U.S.’s misguided Zelaya-focused approach,” she said.

The de-facto government

gave Brazil a ten-day ultimatum either to give political asylum to Zelaya or to turn him in to the Honduran authorities to keep its diplomatic status. Brazil responded by warning ­Honduras that invading the Brazilian Embassy would be a major violation of international law.

Ros-Lebtenin explained her visit, “I wish to ensure that the Honduran people and democratic constitutional government have the opportunity to tell their side of the story, given that the international community has ignored the will of the Honduran people throughout this process.”

Neither her fact-finding mission nor those of the Díaz-Balarts included a meeting with Zelaya, Ros-Lebtinen communications director Alex Cruz, traveling with her, told Weekly Report. “It’s not part of our agenda.” Hispanic Link.

 

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Conference at SF State focuses on ethnic studies

by el personal de El Reportero

Eva AyllónEva Ayllón

International gathering of scholars commemorates the 40th anniversary of the founding of the only College of Ethnic Studies in the U.S.

“Ethnic Studies 40 Years Later: Race, Resistance and Relevance,” a public conference about ethnic studies, marks the 40th anniversary of the founding of the College of Ethnic Studies at San Francisco State University. The College is the only institution in the world devoted entirely to the discipline.

The four-day conference will showcase more than 100 plenary and workshop sessions, including:

A review and discussion about a proposed K-12 ethnic studies curriculum in San Francisco public schools.

A session titled “Race, the Power of Illusion,” which will examine how an artificial construct has historically maintained such a powerful hold on human consciousness.

A discussion on how cultural conceptual frameworks inform our understanding of history, class, gender, religion and social justice in regard to Muslims.

Sessions on the strengths and weaknesses of ethnic studies and more traditional social sciences in the teaching of race and ethnicity in the U.S.

Approximately 3,000 scholars, sociologists, psychologists, historians, philosophers, artists, anthropologists, educators, civic leaders and other professionals as well as students from seven countries, 10 states and 35 universities.

At 9:30 a.m. to 6 p.m., Wednesday, Oct. 7 through Friday, Oct. 9, 2009. San Francisco State University, 1600 Holloway Ave (at 19th Avenue), San Francisco.

Grand afternoon event with Eva Ayllón

Eva sings a Chabuca Grande and two other musical groups.

On Sunday, Oct. 11 at Roccapulco Super Club. 3140 San Francisco. For more info call 650-346-1861. $25 cover charge.

City College garage sale & flea market fundraiser

At the street-level parking area of The Balboa Reservoir across from the Science Hall on the Ocean Campus 50 Phelan Ave. SF, CA. Admission is free. Donations for the sale are needed as well as vendors.

Sat. Oct. 24, 2009 8 a.m. to 4 p.m. Proceeds will go to City College. For more information visit www.ccsf.edu/saveccsf.

In The Heart of the Mission Gala

Celebrating 20th Anniversary of Clinic of Hope, at Elan Event Venue, 839 Howard Street, San Francisco.

Business & cocktail attire preferred. Parking accessible,Honoring Rafael Díaz, founding director and Virginia Scribner, clinic manager. Live entertainment by Mission Harp Ensemble & Dance performance by Salsamania. Begins at 6 p.m. with lavish reception. $125.00 per person. Thurs. Oct. 15, 2009 call 415-552-1013, ext 225.

2nd Annual Central American Cultural Celebration

“Festival de Los Volcanes. Sat. Oct. 18, 2009 at Horace Mann Middle School 3551 23rd St. 10 a.m. to 5 p.m. A family event! Admission is free!

­Day of the Dead Celebration week Oct. 15 to Nov. 21, 2009, at Mission Cultural Center For Latino Arts, 2826 Mission Street. A call to all artists to contribute!

For more info. visit: missionculturalcenter.org Or call Maurizzio at 415-643-2797.

New book honors street art in San Francisco

by Jonathan Farrer

Susan CervantesSusan Cervantes

Precita Eyes Muralists were ecstatic at their annual fundraising gala at SOMArts Cultural Center on Sept. 19, while founder Susan Cervantes and her staff had much to celebrate for, as the mood was festive as well as reflective. Their new book, Street Art San Francisco: Mission Muralismo, has just been published.

“This book was over 12 years in the making and­ took over a year to get published,” said Cervantes, briefly mentioning how difficult it was to find a publisher.

With 600 stunning photographs, this comprehensive book showcases more than three decades of street art in the Mission District. Precita Eyes was responsible for raising about $50,000 to get the book together, Cervantes told El Reportero amid a full house crowd at the gala.

Despite difficulties and set backs the full-color hardbound book published by Abrams Press and edited by Annice Jacoby with a forward by award-winning musician Carlos Santana, is getting raving reviews.

“This book is fabulous,” said Mission Merchant Association member Jean Feilmoser. “Yet I just wish the locations of the murals featured were included.”

Feilmoser features the murals on walking tours of the Mission.

There are books out there that chronicle the history of murals. “But there is nothing really definitive about the mural art history of San Francisco,” said Cervantes.

In 1977 she and her late husband Luis founded Precita Eyes Muralists named after the park where they lived

“There were no community art projects (back then) as we know them today.” Cervantes said. “Where we lived near Precita Park in the Mission there was nothing,” she added.

“We didn’t know that what we founded initially for our own needs at the time would grow, going so far and lasting this long.” Details: ­http://www.abramsbooks.com.

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Weighing in on Arturo Chávez Chávez

by Diana Washington Valdez

Chihuahua state native Arturo Chávez Chávez appears to be on his way to becoming Mexico’s federal attorney general.

His nomination by President Felipe Calderón provoked an outcry from human rights organizations, a member of the European Parliament and relatives of murdered and missing men and women in his home state.

Activists plan to conduct more protests next week when he is expected to meet with Mexico’s federal senators prior to his formal confirmation.

Chávez, who comes from a politically connected family, served in Chihuahua state as a deputy state attorney general, as the state attorney general and as a regional federal assistant attorney general. Most recently, he worked for the law firm of a powerful politician in Mexico City.

Calderón and his supporters in Chihuahua state said his previous experience makes him highly qualified for the post.

Chávez defended his record as one that addressed crime by putting people in jail, including several men suspected of killing the women.

However, critics contend Calderón should not gloss over some important and inconvenient facts about Chávez’s past performance.

For example, the notorious and brutal murders of girls and young women in Juárez began and grew under his watch. He and other Chihuahua state officials blamed the victims for their deaths: They were prostitutes, dressing provocatively and hanged out with a bad crowd.

In 1998, the Mexican National Commission for Human Rights, a federal government agency, issued a scathing report that recomended investigating and sanctioning the officials in charge of the women’s murder investigations.

Raul Romeva, a respected member of the European Parliament representing Spain, issued a statement criticizing Chávez’s nomination.

Romeva visited Mexico when he investigated the Juárez women’s murders, and continues to stay in touch with victims” relatives.

Hester Van Nierop, a citizen of the Netherlands, is among the murdered women whose cases are unsolved. As of this month, more than 600 girls and women have been killed in Juárez. Similar murders have occurred in other parts of Mexico where the drug cartels are active.

Another significant trend began while Chávez served as Chihuahua state’s top law enforcement official: the birth and explosive growth of the Carrillo Fuentes drug cartel.

Amado Carrillo Fuentes, the cartel’s founder, lived in Juárez, where he owned several properties and his children attended schools. He was known for giving lavish parties that important business leaders and politicians attended.

During the mid-1990’s, the cartel disappeared hundreds of people (mostly men) in Juárez, including more than 50 U.S. citizens. No one was ever arrested or charged with these abductions.

El Paso businessman Jaime Hervella said Chávez gave families of the missing people misleading information about their fates. “He told them they were taken across the border and turned over to the Drug Enforcement Administration,” he said. The DEA scoffed at this allegation.

Hervella and others who are familiar with the early years of the Carrillo Fuentes cartel are not surprised at the present carnage in Juárez.

Judith Galarza, a human rights activist, heard Chávez say once that his staff knew organized crime was behind many of the crimes in Juárez but that his people were afraid to take them on.

This is the same man Calderón has selected to lead the Mexican country’s war against nationwide organized crime and the drug cartels. Hispanic Link.

Diana Washington Valdez is a journalist-author based in El Paso, Texas; ­dwvaldez@gmail.com.

latino ‘Dump Dobs’ movement gains traction

by Roberto Lovato

Who would have thought that CNN’s Lou Dobbs would be the person most responsible for pushing Latinos to build a civil and human rights movement for the media age?

After being attacked and beaten down day in and day out on CNN by Dobbs for so many years, Latinos across the country are starting literally to torch with their fingers and saying basta, enough is enough.

Far from abandoning the years of street actions protesting CNN’s unwillingness to heed our ongoing concerns about Dobbs’ anti-Latino fear-mongering disguised as nightly “news,” Latinos are now adding digitally-driven action to what is becoming a major online and offline political movement: thousands of English- and Spanish-language speakers have already signed our petition at www.bastadobbs.com.

Others are text messaging the words “ENOUGH” OR “BASTA” to 3-0-6-4-4 to demand that CNN dump Dobbs. Several other campaigns targeting Dobbs are growing rapidly. Armies of Twitterers are sending messages to Soledad O’Brien demanding she use her influence at CNN to take a stand against Dobbs.

Dobbs has started to feel the growing pressure coming from our movement. He fulminated and fumbled as he attacked our bastadobbs campaign and even called me a “left wing propagandist” and a “flea” during a more than 2-minute on-air rant last week. But instead of personalizing or reacting to Dobbs’ puerile ploys, we are focused to carry out an unprecedented national campaign that will bring about his media demise.

Presente.org and its partner organizations in the 25 U.S. cities with the largest Latino television audiences adding up to 75 percent of all Latino television viewing audiences are leading the charge not just against Lou Dobbs, but on CNN itself.

We hold CNN and its president, Jon Klein, ultimately responsible for keeping the media personality most committed to promoting anti-Latino hatred among millions on an almost daily basis. Using a combination of traditional and new media, we are informing ourselves about and mobilizing around the threat posed by CNN and Dobbs, whom many of us consider the Most Dangerous Man for Latinos in America.

Dobbs’ threat to Latinos and to the brand of the news organization claiming to have the “most trusted name in news” are rooted in the three pillars of Dobbs’ near-daily attacks: n obsession with Latinos and immigrants, n promotion of systematic myths about Latinos, and n immigrants and, most dangerously, providing a platform for leaders of the most radical and violent anti-Latino groups in the United States.

The media mud on the face of CNN president Jon Klein was on full display recently.

Without even blinking, Dobbs broadcast his radio show from a national lobbying conference sponsored by the Federation for American Immigration Reform (FAIR), founded by a white nationalist and designated as a hate group by the Southern Poverty Law Center.

Such behavior by Dobbs has sparked Latino media activism like that found at ­www.bastadobbs.com and reported on in the Latino media.

Front page articles, spirited editorials and major television and radio reports about CNN and Dobbs are filling the Spanish-language media (all except CNN en Español, which does not translate or distribute Dobbs for its Spanish-speaking network) More than anyone else, Dobbs is helping English- and Spanish-language media and the larger Latino community make the connection in several recent reports: that there is a growing link between anti-immigrant hate speech on television and increased violence against Latinos in our hometowns. Thanks, in no small part to the threat posed by Dobbs and CNN, we are building a major civil and human rights movement of the media age. Hispanic Link.

(Roberto Lovato is a founding member of presente.org, the sponsor of the www.bastadobbs.com campaign. He also writes for New America Media, the Nation and other outlets.) ©2009

Kansas court decision gives hope for millions facing foreclosure

by Marvin J. Ramirez

­Marvin  J. RamírezMarvin J. Ramírez­­

Despite of news media keep saying that thing are getting better and the economy is going on the right direction, million of people continue fighting for their right to keep their homes banksters, while the court continue ruling against home owners, with some excemptions. El Reportero brings you the following article gathered online for the benefit our readers.

In Landmark National Bank v. Kesler (full ruling), 2009 Kan. LEXIS 834, the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. MERS is an acronym for Mortgage Electronic Registration Systems, a private company that registers mortgages electronically and tracks changes in ownership.

The significance of the holding is that if MERS has no standing to foreclose, then nobody has standing to foreclose – on 60 million mortgages.Ellen BrownAuthor, Attorney

by online wire services

Here it is. On August 28, 2009 the Supreme Court of the State of Kansas rendered an opinion based calmly on existing law and relentlessly applying it to the chagrin of all participants in the securitization scheme.

MERS was the appellant seeking to invoke due process rights which it said were violated when they failed to get notice of the fact that their “interest” was being wiped out. The Court said simply that MERS — or any nominee” didn’t have any interest and proves its point by reference to simple statements in the documents and the simplest of laws and interpretation of the role of MERS and the requirements of recordation. The splitting of the note and mortgage creates an immediate and fatal flaw in title.

Title carriers take notice — all previous foreclosures falling within the scope of this opinion are subject to either compensation to the homeowner or reinstatement of the homeowner as possessor and owner of the home, or both. The implications of this ruling cannot be overstated — but neither should it be overused.

This is one state, but it is likely to serve as the basis for most appellate opinions rendered on securitized loans. The tide has turned.

The moral of the story is that those encumbrances (mortgages) don’t exist in most cases, the foreclosures were all fatally flawed, the people who have been chased out of their homes, still own those homes, and the parties seeking to enforce the note can do so only as unsecured creditors and only if they prove that they lent the money that funded the loan and only if they are willing to be subject to counterclaims, cross claims, affirmative defenses and defenses of the borrower relating to predatory lending, appraisal fraud, securities fraud, rescission under all available theories of law, damages, treble damages, punitive damages, exemplary damages and consequential economic damages.

This is the start of what will be a long line of cases running through state courts and Federal Courts finding that MERS, the whole “Nominee” business plan, assignments from those without power to assign, splitting the note and mortgage making the ­mortgage unenforceable, necessary and indispensable parties, vacating judgments procured by fraud, and all the other basic black letter law flaws in the securitization of loans are exposed for what they are — a scheme that would and did wreak havoc on the notice and recording requirements of each and every state, a scheme whose execution created fatal flaws in title, and the intent to buy-pass the basic requirements of law in effect since at least the 17th century.

This case must be read multiple times and very carefully as it contains a succinct discussion of the decisions in other states. I will be referring to this case and analyzing it in the days ahead for our blog readers and for my clients who have retained me as an expert witness. I agree with every word in this opinion — a rarity and I am relying on it as corroboration for all my prior writing and expert opinions rendered in all cases across the country.

IN THE SUPREME COURT OF THE STATE OF KANSAS