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My Videos on Foreclosure Defenses and Issues, Foreclosure Litigation, Quiet Title Actions, Loan Modification Agreements, Principal Reductions, Wrongful Foreclosure Actions, Student Loan Cancellations, and Antitrust and Other Economic Topics
Here are my YouTube videos about foreclosure defense, starting with the most recent, (135) Foreclosure after HAMP, (134) Mortgage De-Acceleration Deacceleration; (133) NY Strategy for Foreclosure Defense and Loan Modifications; (132) Movie 99 Homes - How Homeowners Could Have Saved Their Homes; (131) Foreclosure Defense: Kings, Queens, Bronx, Richmond, New York, Nassau, Suffolk & Westchester Counties; (128) Unaffordable Loan Mod Stops a Foreclosure; (127) Massachusetts Laws on Wrongful Foreclosure; (125) The Best Foreclosure Defense: Reverse Dual Track Defense; (124) Loan Modifications, Foreclosures and Saving Your Home; (123) Loan Modification in 7 Ways, (122) New York Foreclosure Defense Strategy, (121) Should I Accept an Offered Loan Modification Agreement?, (120) Stopping or vacating a foreclosure sale; (119) 14 facts you should know and 100 issues and defenses you should consider when defending against an actual or threatened foreclosure.
135. Foreclosures after HAMP 17:09 [Added 3/20/17]
Description HAMP (Home Affordable Mortgage Program) and HARP (program for mortgagors not in default) have ENDED. The federal government is no longer paying the major banks and their loan servicers to modify 1-4 family residential loans, with applications not being accepted after 12/30/16. The consequences are going to be disastrous for millions of homeowners-mortgagors, as foreclosure defense attorney Carl E. Person explains in this video. Person also explains what he believes should be done by homeowners-mortgagors who cannot afford their mortgage and are faced with the threat of foreclosure and sale of their home. The information is relevant to homeowners-mortgagors in the 28 non-judicial foreclosure states as well as in the 22 judicial foreclosure states. The most important part of the video, according to Person, is to have the homeowner-mortgagor facing foreclosure and sale be represented by an experienced foreclosure defense attorney, even if part of the legal representation is found outside of state. The out-of-state attorney can assist the local attorney in providing foreclosure defense experience that may be difficult to find among local attorneys, particularly in rural counties in the 28 non-judicial foreclosure states. The ending of HAMP (12/30/16) is going to result in an increased percentage of completed foreclosures and sales. The way to encourage the needed loan modification agreement is many instances will be to raise and pursue legal issues not usually found by inexperienced counsel or by pro se litigants.
134. Mortgage De-Acceleration Deacceleration 14:43 [Added 11/27/16]
Description Lenders and servicers are trying to take homes away from mortgagors through mailing a “letter of deacceleration” of a defaulted loan to the homeowner. This is being done to enable the note owner to argue that it has stopped the statute of limitations from running and that, therefore, its action commenced after expiration of the statute of limitations is not improper. This video discusses the meaning and origin of acceleration and deacceleration, and how it relates to the statute of limitations that applies in every state to unpaid notes and mortgages. Attorney Carl Person discussed the New York 6-year statute of limitations and the Second Circuit Court of Appeals decision, In re Taddeo, which permits Bankruptcy Courts to cure a default and permit the homeowner/mortgagor to resume payments of his/her monthly mortgage. Person explains how deacceleration of a defaulted loan is a 2-edged sword, with homeowners sometimes seeking deacceleration (to cure a default) and lenders (to avoid a statute of limitations defense). Person also explains how deacceleration should be considered a loss mitigation option and be made available to homeowners during the mediation part of a foreclosure action in New York, at which time the parties are required to negotiate with each other in good faith as to all loss mitigation options, under CPLR 3408(f). Person also provides instruction as to basic terms in foreclosure analysis.
133. NY Strategy for Foreclosure Defense and Loan Modifications 15:56 [Added 12/28/15]
Description By the end of 2015, foreclosure defense has changed. Foreclosure defense attorney Carl Person explains why it is now more difficult for homeowners to obtain a loan modification agreement and what they now need to do to save their homes. Person explains that now, more than in the past 5 years, the homeowner threatened with foreclosure needs to act more quickly and obtain help as soon as possible, and certainly within days after being served with a summons and complaint in foreclosure, to have the best chance of saving the home from foreclosure. Delay in getting the homeowner's mortgage problem solved may give the homeowner some months of relief, but the cost of any extra months of non-payment may cost the homeowner his/her home. Homeowners need to get professional help as soon as possible because of the industry changes that have occurred. This means that homeowners need to hire an experienced, competent foreclosure defense attorney, one who works with an experienced, competent loan processor, to give homeowners the best chance of keeping their homes. Federal moneys to support loan modifications are used up or are close to exhaustion, and the banks (as trustees) are not very anxious to have their investors in the securitized loans pay for loan modifications needed to keep homeowners in their properties. The solution to this problem is (but without any guarantees) an experienced, competent foreclosure defense attorney working with an experienced, competent loan processors. Their skills can give threatened homeowners a good chance at saving their home when the banks, servicers or vulture fund purchasers of the note and mortgage may have no interest in anything but selling the home and then evicting the homeowner to enable his/her home to be sold to someone else (to start the foreclosure cycle all over again in all too many cases). Homeowners who try to avoid the cost of the needed professional help usually fail to realize until it is too late that they should have started with the needed assistance. Retaining the right attorney before the homeowner make serious mistakes gives a threatened homeowner a much greater chance of keeping his/her home than trying to put off the expense. Litigation is very unforgiving. If you don't do the right thing at the right time you can lose your home. Judges don't want to hear what you might have done. You need to do the right thing at the right time in defending a foreclosure action, or expect to lose your home as a direct result. This video tries to explain this problem to threatened homeowners, to encourage them to retain the needed professional help early rather than later, to give them the best opportunity of saving their home.
132. Movie 99 Homes - How Homeowners Could Have Saved Their Homes from Foreclosure and Sale 15:02 [Added 12/28/15]
Description: How homeowners in compelling movie about Florida foreclosures should have tried to save their homes. New York foreclosure defense attorney Carl E. Person gives a double thumbs-up review of the film 99 Homes, starring Michael Shannon and Andrew Garfield. Person's purpose is to extend the information provided in the film to enable the film's audience to understand foreclosures and the film more fully. The foreclosures in the film's story were taking place in Florida, one of 22 "judicial foreclosure states", meaning that the note owner must commence a foreclosure action in the local Circuit Court to obtain a judgment permitting them to sell the property and pay off the defaulted note. [See Title VI, Chapter 45 of the Florida Statutes, Civil Practice and Procedure - www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0045/0045.html - also, for a description of the whole process see www.olympiatitle.org/pdf/state 6:55 AM 12/28/2015 %20of%20florida%20foreclosure%20process.pdf ] The film takes necessary shortcuts (i.e., creative license) which in some instances require explanation. Person, who is also an antitrust litigator, provides information not known to most judges, attorneys and homeowner about the nationwide illegality (as federal and state antitrust law violations) of certain practices occurring in the story of 99 Homes. Person explains how most banks in America and most purchasers of defaulted notes and mortgages are not participants in HAMP or HARP loan modifications; why the national foreclosure settlement does not bind most banks and purchasers; and how federal subsidies for loan modification agreements have been substantially depleted during 2015 and the consequences to be expected in both judicial and non-judicial foreclosure states, and other reasons why loan modification agreements are more difficult to obtain today than in the past 5 years. Also, Person explain how many homeowners now need to rely upon litigation to save their homes, and that the litigation needs to be timely and performed by competent foreclosure defense counsel, working with a competent loan processor.
131. Foreclosure Defense: Kings, Queens, Bronx, Richmond, New York, Nassau, Suffolk & Westchester Counties 15:30 [Added 11/29/15]
Carl E. Person, a New York foreclosure defense attorney, discusses a number of issues that a homeowner facing foreclosure in 8 Counties (Kings, Queens, Bronx, Richmond, New York, Nassau, Suffolk and Westchester) should know to have the best chance of saving his/her home from foreclosure. Person discusses how litigation may be needed to save a threatened home if a loan modification is not granted during the so-called mediation or "conferencing" period. Also, he discussed the lender's (or servicer's) duty to act in good faith during conferencing under CPLR 3408(f). He points out that federal funding for loan modifications is drying up for those who offered HAMP loans, and points out that various lenders/servicers never had such subsidies and the resulting impact on litigation necessary to try to save a home from foreclosure. Person points out how free assistance in preparing an answer to the complaint is often comparable to no assistance at all and can cause a loss of the mortgaged property. Loan modification applications have requirements and delays in seeking a modification can cause a lender to refuse to grant an affordable modification because it would require the lender to lose more than it is willing to do, especially when it has little or no government subsidy to cover the loss. Person makes the point that foreclosure defense is complicated and for best results the homeowner ordinarily should retain competent foreclosure defense counsel, and finally Person makes the important point (one of 2 most important points) that the homeowner should ensure that he/she files a timely answer (with affirmative defenses and possible counterclaims) to the complaint to avoid loss of the right to defend the foreclosure action. There are various defenses of a technical nature which can and should be asserted, even though the homeowner admittedly has not paid the mortgage, and an appropriate answer should be filed on a timely basis to have the best chance of saving the mortgaged property.
130. Parents Can Cancel Student Loan Guaranty 8:xx [Added 9/28/15]
Attorney Carl E. Person explains how parents as co-signers and/or guarantors of student loans for their children can avoid, void, cancel, terminate, annul their contractual obligation without any bankruptcy if the loans were for a course of instruction that the vocational school, university or college failed to disclose that the student, upon completion of the course of instruction, would not be able to earn enough money to repay the loan, with interest, and leave the student enough earnings for a minimum standard of living. The solution, attorney Person explains, is a meritorious lawsuit by the parents alleging fraud, as a way for many co-debtor, loan-guarantying parents to obtain relief in state court. Also, Person discusses other ways by which student loans in limited instances are being cancelled, under the Public Service Loan Forgiveness Program and the Loan Discharge Application for School Closures.
129. Annul/Avoid Student Loans - No Bankruptcy 7:25 [Added 9/24/15]
Attorney Carl E. Person explains how students and guarantying parents can avoid, void, cancel, terminate, annul student loans if the loans were for a course of instruction that the college or university knew or should have known would not enable the student, upon completion of the course of instruction, to earn enough money to enable the student (and/or his/her parents) to repay the loan, with interest and enable the student to maintain a minimum standard of living. The solution, attorney Person explains, is a lawsuit alleging fraud, as a way for many students (and their loan-guarantying parents) to obtain relief that is not available to most students (and their guarantying parents) in Bankruptcy Court under 11 U.S.C.A. Section 523(a)(8), which has requirements that few students can meet.
128. Unaffordable Loan Mod Stops a Foreclosure 14:30 [Added 8/11/15]
Too many homeowners are losing their mortgaged property in a foreclosure action by refusing to accept an offered but unaffordable or non-affordable loan modification agreement. Foreclosure defense attorney Carl Person explains why in many instances the homeowner should seriously consider accepting an offered but unaffordable loan modification agreement - because it will end the threatened auction sale of, and eviction from, the mortgaged property, and enable the homeowner to continue living in the property, without paying the mortgage, for an additional 2-4 years before another threatened loss of the home may take place.
127. Massachusetts Laws on Wrongful Foreclosure 17:20 [Added 8/10/15]
Attorney Carl E. Person, a Harvard Law trained attorney, provides a comprehensive review of the Massachusetts foreclosure-related statutes and some leading decisions from the highest state court (the Supreme Judicial Court) and concludes that Massachusetts may be the best of the 28 non-judicial foreclosure states from the homeowner-mortgagor's standpoint. Person identifies the main statutes and decisions that an attorney drafting a Massachusetts wrongful foreclosure complaint needs to take into account, and warns homeowners not to try to do this without an experienced foreclosure defense attorney. Person concludes that homeowners have a better chance to save their homes from foreclosure in Massachusetts than in the other 27 non-judicial foreclosure states. If you raise enough substantial legal issues in opposition to a threatened or actual foreclosure, the Massachusetts homeowner stands a much better chance of saving his/her home. The lender and servicer will be more apt to give an affordable loan modification agreement to be able to end the Wrongful Foreclosure action against them.
126. Recovering Lost Gross Profits for Failed Auto-Parts Co's 3:50 [Added 7/12/15]
Attorney Carl E. Person explains how businesses relating to automobiles and auto parts that have failed or were sold during the past 20 years may have valuable assets unknown to the heirs, successors or other owners of the failed or sold business. Person states that this unknown asset can be acquired without expense to the owner and that Person needs about 15 minutes of discussion to determine whether a specific business has such an unknown claim. Person does this initial interview and analysis without charge. Person, a graduate of Harvard Law School, has been an antitrust litigating attorney for more than 40 years.
125/ The Best Foreclosure Defense: Reverse Dual-Track Defense 12:27 [Added 7/9/15]
Description: Foreclosure defense attorney Carl E. Person describes what he finds to be the best defense in fighting foreclosures in judicial foreclosure states. He call this the "Reverse Dual Track Defense", which for most effective use requires homeowners facing foreclosure to retain the attorney who will implement this defense at the outset of the litigation, and to file a timely answer to the foreclosure complaint with appropriate affirmative defenses and any counterclaims. Working as a team, the attorney and loan processor use their respective and overlapping skills to fight back on both tracks, the loan-modification track and the foreclosure track, to create maximum probability of settlement for the homeowner, usually in the form of an affordable loan modification agreement. The bank (or loan servicer or securitization trustee) gets to have the lawsuit discontinued and the reverse dual-track defense ended. "Reverse dual-track defense" is a name I have given to the above-described activities and not being used by anyone as of 7/9/15 according to my Google search.
124/ Loan Modifications, Foreclosures and Saving Your Home 27:37 [Added 1/25/15]
Description: Foreclosure defense attorney Carl E. Person devotes this video to explaining how and why the best, most effective defense in most 1-4 unit residential foreclosures (whether owner-occupied or investor-owned) consists of 3 persons: (1) an experienced foreclosure defense attorney located anywhere in the United States; (2) a highly-skilled loan processor working for and under the direct supervision of the attorney; and (3) a local lawyer with an office in or near the county in which the mortgaged property is located. Person explains how the difficulties in obtaining a competent and willing lawyer locally in the nation's 3,100 counties has resulted in this 3-person team, and what their respective functions are. Person explains that most foreclosures since 2009 could have been avoided if the homeowners had defended the foreclosure with this 3-person team.
124A/ Hudson NY 12534 Two Job-Creation Reforms 14:xx [Added 12/24/14]
Description: Carl Person, candidate for NYS Attorney General, NYC Mayor and US President, is providing a new way for voters in Hudson NY 12534 (population 6,648) to create high-paying jobs for Hudson residents through two ballot initiatives to be put before Hudson voters on November 3, 2015. The first ballot initiative is to have Hudson provide a free, 1-year program for Hudson adults and for Hudson high school seniors to train them to manage a small business or small entity for its owner or current manager, to enable the owner or current manager to devote their activities to more profitable or productive activities for their entity, with the newly-trained employee being paid from $25 to $60 per hour by any of millions of small entities through the U.S., without licensing. The direct cost of this 1-year, 500-hour training program would be as little as $333/year per student, in comparison to the $29,900 (or $11,000 teaching cost) cost per student currently being paid in the City of Hudson for K-12. The second ballot initiative is to have Hudson NY pay $1,000 per week (or $50,000) in radio advertising costs per year to advertise one or more databases which provide unlimited, long-term, free key word advertising for Hudson residents and small businesses, with each advertiser expected to have a key word ad and a landing page for each item being offered. The cost of advertising all products and services for each participant would be about $20 per year, in contrast to the annual cost of advertising of McDonald's which is about $$69,789 per store. Attorney Person believes that these economies of scale will enable local advertisers (including residents seeking part-time income) to obtain substantial income from this town advertising; that local land values will increase substantially together with local salaries, sales, profits and opportunities, and tax revenues, together with a decrease in social service costs. Most importantly, Person believes that these two reforms will be adopted by many other cities, towns and villages in the U.S. and re-establish the middle class in the U.S., and reduce the ever-increasing concentration of the U.S. economy. A copy of the two ballot initiatives for Hudson NY are available for free review and downloading at voterlaws.com.
123. Loan Modification in 7 Ways 11:59 [Added 10/14/14]
Description: Loan modifications can be obtained at 7 different times in the foreclosure process in New York State, a judicial foreclosure state. The homeowner should retain a foreclosure defense attorney with experienced loan processor before going into default on the mortgage for best results. [Video # 123 even though Carl Person states it is # 122.]
122. New York Foreclosure Defense Strategy 15:01 [Added 4/10/14]
Description: New York Foreclosure defense attorney Carl E. Person explains the 3 main parts of foreclosure defense in NYS: 1. Stopping payment on the mortgage when appropriate; 2. Hiring an experienced foreclosure defense attorney who demonstrates familiarity with specified subjects; and 3. Using mandatory conferencing at outset of action to apply for loan modification agreement using expert processor and look for any bad-faith negotiating activities of the bank or its attorneys, to use as later defense to the foreclosure action if a reasonable loan modification agreement is not obtained. Person lists the questions which a homeowner should ask attorneys being considered for foreclosure defense. Person explains how there are foreclosure defenses that should be raised even though the homeowner does owe the money claimed by the note owner to be owed. Person also explains the most important part of the defense, which is to engage a qualified foreclosure defense attorney on a timely basis to ensure that your answer, affirmative defenses and any counterclaims are served and filed on a timely basis, without default in the lawsuit.
121. Should I Accept an Offered Loan Modification Agreement? 8:19 [Added 2/17/14]
Description: Foreclosure defense attorney Carl Person discusses the problem of many homeowner-mortgagors throughout the U.S. When offered a loan modification by the bank, investor or loan servicer, the mortgagor doesn't know whether to accept or reject the offered modification. The video discusses adverse consequences for rejection, both as to judicial-foreclosure and non-judicial states, and also discusses adverse consequences that could arise upon acceptance. The decision is not easy to make, and involves various business-type issues in addition to legal issues.
120. Stopping or Vacating a Foreclosure Sale 15:01 [Added 2/12/14]
Description: Homeowners are losing or have lost their homes through foreclosure and sale may have unnecessarily lost their homes through 1 or more of 16 avoidable problems that foreclosure defense attorney Carl Person describes in this 15 minute video. Person explains how his review of the homeowner-mortgagor's whole record (consisting of a list of 9 items) will enable him to report to the homeowner-mortgagor what past problems could have been avoided, and the rest of Person's report is to tell the homeowner-mortgagor what Person believes could be done at this time to attempt to stop or reverse a foreclosure sale. The homeowner-mortgagor can use this analysis and report to decide whether to retain an attorney, keep his/her existing attorney, or provide an additional attorney to assist the present attorney. Person's analysis takes about 3 hours of legal time to review the substantial amount of material constituting the record in many instances where foreclosure and sale is near or has occurred. Person explains that this may be the final and most important thing the homeowner-mortgagor can do to save his/her property, and that time may be of the essence, in that any rights to act may be lost by a delay in taking action.
119. 100 Foreclosure Issues and Defenses 14:20 [Added 10/21/13]
Description: Foreclosure defense work is complicated, and homeowners-mortgagors especially, as well as local attorneys defending against foreclosures, need to realize that when a note and mortgage have been securitized there are more than 100 possible issues and defenses that need to be considered, ranging across various fields of law, including the specialized areas of the UCC (state Uniform Commercial Code), securities (federal and state), antitrust (federal and state), Constitutional law (federal and state), trust (state) and taxation (federal), and the choice of courts (federal, state, bankruptcy), and various ways in which to eliminate unwanted debt. This video by foreclosure defense (litigating) attorney Carl Person tells you about 14 facts that attorney Person assumes exist (and which homeowners-mortgagors may also wish to assume that exist) and almost 100 issues and/or defenses that should be considered when defending against a foreclosure, including quiet title actions, wrongful foreclosure actions, and bankruptcy proceedings intended to save the home from foreclosure and sale. Attorney Person explains why it is difficult for many homeowners-mortgagors to find a suitable attorney locally and that a way to deal with this problem is to retain two lawyers: (1) a foreclosure defense lawyer who is knowledgeable about most if not all of the 100 issues-defenses even though he or she may be outside the homeowner's county or state; and (2) a local attorney who draws upon and uses the experienced attorney when needed to present the strongest defense for the homeowner, with the outside attorney recognizing that the local attorney is in charge of the case and has taken on the responsibility for the case before the local courts. As the local attorney gets more experience in defending against foreclosures, there will be less need or desire to use an outside attorney. Any questions can be sent to attorney Person at email@example.com.
118. Mayor Nominee - $25-$60/Hr Jobs Waiting for NYC HS Grads & Adults 3:09 [Added 4/19/13]
Description: Carl Person, Reform Party nominee for NYC Mayor 2013 explains how economic reform for NYC can occur by action of the Mayor, without requiring any legislative approval. This reform is to have information technology taught to high school seniors, with a comparable, free 1-year weekend/evening program for resident adults. Program graduates will be able to work anywhere in the US without licensing, in a high-paying job, at $25 to $60 per hour (or $1,000 to $2,500 per week) for one of the nation's 27,500,000 small businesses. No student loans; no jobless graduation from college; no lifetime of student debt; fewer dropouts; fewer gang bangers, drugs, violence, prison and premature death; reduced social welfare costs; restoration of the middle class, prosperity, land values, constitutional rights, ballot access and democracy. This is not blue collar employment, but gold collar employment, equally as important as English in today's market for employees and small business.
Key Words: Carl Person, Reform Party, NYC Mayor, information technology, small business, student loans, gold collar, middle class, jobs, adult education, high-paying, work, high school, senior
117. For Homeowners Seeking to Avoid Foreclosure and Sale 10:xx [Added 3/12/13]
Description: This video explains how attorney Carl Person provides his legal opinion (for homeowners or their attorneys) on what activities in court, if any, are most appropriate for trying to save a homeowner's property from threatened foreclosure and sale (even reversing a sale after it has occurred); the process is in two steps, with the first step being the gathering by the homeowner or a "Document Gatherer" intermediary (such as a securitization auditor or title searcher) of about 10 categories of documents (described in the video) needed by Person for his complete review and opinion on what legal activities if anything can be done at this stage of foreclosure. Person recognizes that prior attempts to help a homeowner by non-attorneys or by attorneys unskilled in foreclosure defense might have prejudiced the homeowners' opportunities to obtain a principal or interest reduction. Person describes a variety of variables that can account for grant to some and denial to others of a workable loan modification agreement. Person estimates that it takes him about 1 hour and 20 minutes to perform his review and to develop and summarize his conclusions (or litigation game plan) to the homeowners, or to tell them that there is nothing they can do, if that is the case. Person believes that, with so many well-meaning but less than fully skilled persons trying to sell their services to troubled homeowners, homeowners need someone to step back and look at everything that has been done (or has not been done) and make a legal assessment of what can still be done in the courts to stop a threatened foreclosure, if anything at all.
Key Words: document analysis, 2nd opinion, attorney review, next step advice, foreclosure defense attorney, litigation against bank, Document Gatherers, document list, securitization auditors, title searchers, catching early mistakes, correcting early mistakes, high value service, litigation steps, vacate default, quiet title action, bankruptcy adversary proceeding, enjoin sale, erroneous advice, Carl Person, CarlPersVid
116. Quiet Title Action Can Save Your Home 12:46 [Added 3/11/13]
Description: Attorney Carl Person outlines the various types of services seeking to obtain money from homeowners for assistance in stopping threatened foreclosures and why all but one type -- the quiet title action -- lacks the one feature that homeowners need to give them the best chance to obtain a reasonable loan modification agreement. This feature is being in litigation against the bank, either as a lawsuit brought by the homeowner against the claimed loan servicer and REMIC Trustee (the quiet title action) or by defending a foreclosure action brought against the homeowner (with counterclaims equivalent to a quiet title action). Person explains why litigation against the banks is far more helpful for the homeowner threatened with foreclosure than the various other non-litigation alternatives. Also, Person points out that critics of the quiet title action do not understand what they are and to some extent are snake-oil salespersons selling a service of dubious value to troubled homeowners. The quiet title action has comprehensive claims involving a declaratory judgment as to note ownership, chain of title, robo-signing, Articles 3 and 9 of the Uniform Commercial Code, loan modification fraud, recovery of monthly payments made by mistake, principal reduction and note reformation, and deceptive business practices. The quiet title action has very little similarity to the quiet title action to resolve ownership issues in real estate.
Key Words: quiet title action, foreclosures, loan modification agreement, application, servicer, REMIC trustee, snake-oil, counterclaims, declaratory judgment, note ownership, chain of title, robo-signing, UCC, loan modification fraud, dual-track, restitution, principal reduction, interest reduction, note reformation, deceptive business practices, Carl Person, CEPersVid
115E. Hire a Lawyer or Move Out 8:33 [Added 3/12/13]
Description: You need a suitable loan modification agreement to remain in your property, especially with a reduction in principal amount of the Note. You can try to get this needed agreement the right way, or the wrong way, to avoid losing your home through foreclosure. If you are not engaged in litigation against the bank, your loan modification application has substantially less chance of resulting in the needed loan modification agreement. This is a simple fact of life. You also have very little chance if you are in litigation against the bank but are self represented, because as a self-represented litigant you have little credibility and are not viewed as a threat to the bank. Even when you are represented by an attorney, if the attorney isn't experienced with foreclosure defense and loan modifications, your chances remain less than good. You need the trio of (1) litigation (whether a quiet title action or defending a foreclosure action); (2) an experienced foreclosure-defense attorney, and (3) a loan modification application made through your attorney and given to the bank's attorneys. This video explains how to use a foreclosure defense attorney located in another state together with a local attorney in your county to obtain the legal services you need when you are unable to find a suitable, experienced foreclosure-defense attorney in your county.
Key Words locating an attorney, finding, foreclosure defense lawyer, attorney, experienced, local attorney, loan modification, application, agreement, foreclosure litigation, pro se, in pro per, video series, Carl Person, CEPersVid 114L. Finding a Local Attorney - see description below 8:59 [Added 1/19/13]
Description: Attorney Carl Person, a foreclosure defense lawyer, discusses how anyone seeking a lawyer to defend against an actual or threatened foreclosure proceeding, in a judicial or non-judicial foreclosure state. He explains how there are 3,000 counties in the U.S. and very few decisions, so that the difficulty in obtaining a local lawyer seems to be that they do not exist in large numbers. Person explains why many lawyers are unwilling to represent a homeowner for a single, low-fee matter, and what any homeowner or business person can do to obtain the experienced legal services for local representation in the local county court, or by bringing suit in the county (i.e., New York NY) which is the home of securitization and the mortgage note was last transferred. An experienced foreclosure defense attorney can provide the legal services and insight needed to enable a local attorney not so experienced provide effective representation in the local county courts.
Key Words: foreclosure defense attorney, lawyer, law firm, how to find, how to locate, real estate, conflict of interest, explained, reasons for difficulty, judicial foreclosure state, non-judicial, injunction, stopping auction sale, commercial litigation, litigator, securitization audit, 3,000 counties, one Judge Shack, solution, venue, quiet title action, local action, experienced attorney, working with local counsel,
113K. Wrongful Foreclosure Actions - see description below 9:27 [Added 1/19/13]
Description: Foreclosure defense attorney Carl Person discusses wrongful foreclosure actions, pointing out that they only apply as to foreclosures occurring as to real property located in non-judicial foreclosure states, and that the defenses used in defending against foreclosure are going to be issues raised in a wrongful foreclosure action, including such issues known as "standing", "robo-signing", "chain of title", "possession of note", "original note", to name some. Person explains that it appears to be the law throughout the U.S. that if a non-judicial foreclosure sale was not done legally (because at the moment of initiating the process with a notice of intent to foreclose or notice of acceleration of debt, then the sale will be set aside and the real property returned to the foreclosed homeowner. However, Person points out that the servicer or bank can correct many of the defects and come back for another foreclosure sale, unless the statute of limitations has expired. Accordingly, Person urges homeowners facing a threat of foreclosure to start early, not waiting for the servicer or bank in a non-judicial foreclosure state, to initiate foreclosure proceedings, and take the initiative by suing the servicer and bank with a quiet title action (in his/her own county or in New York, NY, the home of securitization) for the purpose of encouraging the servicer and REMIC trustee to resolve the litigation with an affordable loan modification agreement, with any principal reduction, which the bank and servicer had been refusing to give up to this point. Person explains why with litigation the bank and servicer are far more apt to give an affordable loan modification agreement, and principal reduction under these circumstances. A final note, a wrongful foreclosure action doesn't exist as to a judicial foreclosure because the judgment of foreclosure is not wrongful if the homeowner failed to appear and defend or failed to convince the judge to rule in the homeowner's favor - the remedy is to appeal or move to vacate the judgment, but not to file a wrongful foreclosure action.
Key Words: wrongful foreclosure action, non-judicial foreclosure state, definition of wrongful foreclosure, venue, Ibanez decision, Massachusetts Supreme Judicial Court, defenses to foreclosure, robo-signing, forgery, chain of title, standing, notice of intent to foreclose, defective notice, acceleration of debt, statute of limitations, robo-signed endorsement in blank, no default, damages, consequential, punitive, actual, emotional stress,
112J. Quiet Title Actions - see description below 27:35 [Added 1/18/13]
Description: Carl Person, a foreclosure-defense attorney for homeowners and businesses throughout the United States, explains why, in his opinion, a foreclosure-defense type "quiet title action" is what most homeowners should consider commencing (with an attorney) if the homeowner's mortgage is under water, the homeowner can't afford to make the monthly payments as now required, and the homeowner has the ability to make payments on a reasonable loan modification agreement. Person explains why, in his opinion, this quiet title action will do more for the homeowner in getting a reasonable loan modification (including any principal reduction) than anything else. The action is not what you would expect, because it is not to cancel the loan and mortgage and Person explains why the pure quiet title action (to try to get the home for free, so to speak) is generally not likely to take place. Also, Person explains under what circumstances the bank can get around title defects and the consequences flowing from this. Although this is the longest video, it was the final video produced of the 12 and should be required viewing for any homeowner not knowing faced with a possible foreclosure. Also, Person explains why the action is not a "local action" and for such reason can be brought elsewhere than in the homeowner's own county. Securitization has caused the note and mortgage to become more like a share of stock than an interest in real property, as to the transfers of the notes and mortgage.
Key Words: quiet title action, wrongful foreclosure action, foreclosure defense litigation, principal reduction, loan modification agreement, video series, CEPersVid, Carl Person, custodian, servicer, special servicer, master servicer, REMIC trustee, Real Estate Mortgage Investment Conduit, pooling and servicing agreement, PS&A, PSA, venue, local action,
111-I Defending Foreclosure Actions - see description below 14:22 [Added 1/19/13]
Description: The legal field of defending foreclosures, both residential and commercial, involves a lot of legal tools and concepts, most of which require an experienced attorney and staff to perform for the homeowner or business person to obtain the best results that can be obtained. Trying to do this without such legal help is usually (but not always) unsuccessful. Foreclosure defense in all phases needs experienced legal help, in these foreclosure-defense areas: loan modification applications, including efforts to obtain a principal reduction, and (i) as to homeowners in judicial foreclosure states: defense of foreclosure action on a timely basis (otherwise the homeowner loses most of his/her rights often beyond retrieval), conferencing or "negotiating" a loan modification agreement under court rules; duty of negotiating in good faith, answering with affirmative defenses and counterclaims; obtaining discovery to prove homeowner's defenses and counterclaims, moving for summary declaratory judgment against bank; and (ii) in non-judicial foreclosure states: commencing a quiet title action against servicer and REMIC trustee, considering whether a preliminary injunction to stop a sale is likely to be granted. Quiet title actions can be brought in the county where the property is located or (and this is still being lititgated) in the counts of New York, New York, where the homeowner's note was last transferred under the NY Uniform Commercial Code. There is more, but these are some of the things that need to be done or considered in defending an actual or potential foreclosure proceeding, for the purpose of keeping the owner in his/her property with a suitable loan modification agreement, including any principal reduction, and not for the purpose of getting the property free and client of all liens.
Key Words: foreclosure defense, litigation, attorney, lawyer, quiet title action, wrongful foreclosure action, judicial foreclosure, non-judicial foreclosure, mortgage, deed of trust, REMIC trustee, servicer, chain of title, possession of note, original note, UCC, John Doe, foreclosure complaint, counterclaims, affirmative defenses, robo-signing, forgery, standing, statute of limitations, securitization audit, assignments, MERS, declaratory judgment, loan modification, principal reduction, settlement conferences, keeping home for nothing
110H. A Warning about Bankruptcy - see description below 13:23 [Added 1/19/13]
Description: Bankruptcy filings by homeowners often take place in a last-ditch effort to save the home from auction sale. By this time, in most instances, it is too late, but the homeowner is usually unaware. He/she may have been told, erroneously, "Don't worry. You don't have to defend the foreclosure action. You can always file for bankruptcy and get a stay of sale." Yes, you can get a stay, for about 2 weeks, after which the bank requests the Bankruptcy Judge to vacate the automatic stay, and then resumes with its planned sale. Defense-foreclosure attorney Carl Person warns homeowners and small business persons about the evils of bankruptcy awaiting them, such as no right in Chapter 13 to reduce the principal amount of your mortgage; no right of your attorney to get paid for his/her services once you are in bankruptcy; the impossibility of a reorganization under Chapter 13 for a single asset real estate business; the pre-negotiation agreement; the bankrupt's inability to challenge the alleged lien of the bank; payment of your attorney's fee by the bank in the Chapter 13 cash collateral order, and how the bankrupt and his/her attorney are treated as near criminals since 2005. Instead, attorney Person says that a homeowner should use the state courts to either defend the foreclosure action or file a quiet title action to challenge the lien of the bank.
Key Words: cancelling debt, under water, adversary proceeding, forbearance agreement, state court, quiet title action, Chapter 13, Chapter 11, Chapter 7, U.S. Trustee, Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, avoiding foreclosure sale, fee application, cash collateral order, bankruptcy attorney, SARE, cram down, principal reduction, pre-negotiation agreement, foreclosure defense litigation, video series, Carl Person, CEPersVid
109G. Principal Reductions - see description below 6:47 [Added 1/19/13]
Description: Principal reductions in loan modification agreements apparently are being given in this 1st quarter of 2013 to a greater extent than before, but foreclosure defense attorney Carl Person explains who, in his opinion, is getting those reductions and the 12 factors at work which give some persons principal reductions and not others. The most important factors are (1) being under water, (2) being able to pay a reduced monthly mortgage payment, (3) being in litigation against the bank (either in a quiet title action or in a defense to the bank's foreclosure action), (5) being represented by an experienced, foreclosure-defense attorney, and (6) having your loan modification prepared with the participation of your attorney and loan modification paralegal for transmittal to the bank's own lawyer in the litigation. If these factors are met, the homeowner has a substantially better chance of obtaining an affordable loan modification agreement, including a significant principal reduction. Principal reductions in the long run, according to attorney Person, need to result in modified notes and mortgages in which the amount owed is less than the under-water value of the property, to encourage homeowners to continue stay in the property, continue paying their reduced mortgage payments, create equity for themselves over the years, and be able to generate savings for themselves once again. Statutes and decisions should help this objective along.
Key Words: principal reduction, loan modification agreement, application, factors, elements, bases, grant, denial, reasons, percentage 2012, defensive litigation, foreclosure defense, how to obtain, taxable income, debt cancellation, debt forgiveness, Mortgage Debt Relief Act of 2007, loss, create equity, underwater, credit default swaps, REMIC trustee, HAMP, settlement attorneys general, foreclosure defense attorney, lawyer, interest rate
108F. Loan Modification Agreements - see description below 13:21 [Added 1/19/13]
Description: This video discusses the history of residential mortgage loan modification agreements starting in the Great Depression, including Mortgage Moratorium Acts being upheld as Constitutional, and the present-day problems of obtaining a loan modification agreement, including such topics as principal reductions, under water mortgages, when there is a duty to negotiate with the homeowner in good faith, the procedure for obtaining approval of a loan modification agreement from participants in the securitization process; the relationship of a quiet title action to getting an affordable loan modification, trial loan modifications, HAMP, HARP, investor homeowners, hardship applications (a part of the video which you absolutely should view before making any hardship applications), and using an experienced loan modification paralegal together with a law firm representing the homeowner in litigation with the servicer or REMIC trustee
Key Words: loan modification applications, loan modification agreements, foreclosure defense, history, Great Depression, Mortgage Moratorium Acts, U.S. Supreme Court, workout agreements, securitization, good faith negotiation, contractual duty, industry custom and usage, enforced by court, evidentiary hearing, loan servicer, loss mitigation department, checklist, defending foreclosure action, foreclosure defense, quiet title action, REMIC trustee, vote by holders of beneficial interests, forgiveness of unpaid mortgage payments, principal reduction, trial modifications, pro se litigant, experienced foreclosure defense attorney, HAMP, HARP, investor homeowner, business decision, custodian, hardship applications, experienced loan modification paralegal, no guaranty
107E. Get an Attorney or Get Evicted - View Video 115E Instead 0:05 [Added 1/19/13 - but only 5 seconds - view replacement video 115E instead]
Description: You need a suitable loan modification agreement to remain in your property, especially with a reduction in principal amount of the Note. You can try to get this needed agreement the right way, or the wrong way, to avoid losing your home through foreclosure. If you are not engaged in litigation against the bank, your loan modification application has substantially less chance of resulting in the needed loan modification agreement. This is a simple fact of life. You also have very little chance if you are in litigation against the bank but are self represented, because as a self-represented litigant you have little credibility and are not viewed as a threat to the bank. Even when you are represented by an attorney, if the attorney isn't experienced with foreclosure defense and loan modifications, your chances remain less than good. You need the trio of (1) litigation (whether a quiet title action or defending a foreclosure action); (2) an experienced foreclosure-defense attorney, and (3) a loan modification application made through your attorney and given to the bank's attorneys. This video explains how to use a foreclosure defense attorney located in another state together with a local attorney in your county to obtain the legal services you need when you are unable to find a suitable, experienced foreclosure-defense attorney in your county.
Key Words: foreclosure defense attorney, experienced, local attorney, finding an attorney, loan modification application, foreclosure litigation, pro se, in pro per, video series, CEPersVid
106D. Pros and Cons of Securitization Audits - see description below 8:34 [Added 1/18/13]
Key Words: securitization audit, MERS, foreclosure defense, litigation, loan modification agreement, Bloomberg terminals, SEC files, REMIC trustee, servicer, custodian, non-lawyer affidavit, recorded documents, title, chain of title, standing, financial snapshot, title defects, free and clear
105C. Securitization Explained - see description below 9:55 [Added 1/18/13]
Description: Explains how the securitization of a homeowner's note and mortgage takes place together with perhaps 1,000 other residential mortgage loans, starting with the events taking place at the closing, the subsequent sale of the loan to a "Depositor", who sells the loan with others to a Wall Street investment banking firm, which together with other loans similarly purchased sells them to a group of underwriters; enters into a Pooling and Serving Agreement and files documents with the SEC; transfers the 1,000 loans to the REMIC Trustee, with the documents given to the Custodian, while the underwriters and others are selling beneficial interests in tranches or slices of the pooled loans to investors throughout the world. Understanding the process is critical to being able to find fault with the way things were done, to provide a defense to a foreclosure action or a threatened non-judicial foreclosure.
Key Words: securitization, deed, mortgages, deed of trust, originating broker, lender, bank, depositor, Wall Street, underwriter, distribution, custodian, servicer, special servicer, master servicer, REMIC trustee, Real Estate Mortgage Investment Conduit, pooling and servicing agreement, PS&A, PSA, original note, wet ink, closing, recording, foreclosure litigation, defense, MERS, assignments, county clerks, 50 states, real property, video series, judicial, non-judicial, Carl Person, CEPersVid
104B. How MERS Operates - see description below 11:24 [Added 1/18/13]
Description: MERS has replaced the County Clerks in the nation's 3,000 counties throughout the 50 states as a bank-owned and bank-operated national county clerk's office for the registration and transfer of a majority of the nation's residential properties, in a system comparable to Wall Street's system for holding securities "in Street Name" [a reference to Wall Street] and in doing so the banks have been able to save hundreds of billions of dollars in recording fees and taxes, and deprived the nation's county and some state governments of that dollar amount. This video discusses various legal issues arising as a result, information that needs to be known by homeowners and their attorneys defending against foreclosures and foreclosure actions.
Key Words: MERS, Mortgage Electronic Registration Systems, MersCorp, MersCorp Holdings, title registration, Street Name, County Clerk, real property, recording, registration, recording taxes, recording fees, carl person, CEPersVid
103A. Once Upon a Time Before MERS - see description below 10:59 [Added 1/18/13]
Description: A description by foreclosure-defense attorney Carl Person of protections afforded to homeowners and others as to their real property interests prior to MERS, including filings of deeds, mortgages, deeds of trust and assignments of notes and mortgages, and the substantial fees paid to 3,000 county clerks in the 50 states upon recording of documents (including mortgages and their assignments) creating an interest in real property. Video starts off with short history of real property protection in England dating back to 1066 A.D. This is the first of a series of 12 related videos (103A through 114L) providing an update on defending against foreclosures in judicial as well as in non-judicial foreclosure states, and tries to cover every important aspect, including quiet title actions, loan modification applications and principal reductions. For best results, you should view the videos in sequence from A to L. The 12 videos are entitled: 103A Once Upon a Time before MERS; 104B How MERS Operates; 105C Securitization Explained; 106D Pros and Cons about Securitization Audits; 107E Get an Attorney or Get Evicted; 108F Loan Modification Agreements; 109G Principal Reductions; 110H A Warning about Bankruptcy; 111-I Defending Foreclosure Actions (22 states); 112J Quiet Title Actions (50 states); 113K Wrongful Foreclosure Actions (28 states); and 114L Finding a Local Attorney.
Key Words: foreclosure defense, MERS, recording, deeds, mortgages, deeds of trust, assignments, county clerks, 50 states, real property, protection, video series, judicial, non-judicial, quiet title actions, loan modification applications, agreements, principal reductions, Carl Person, CEPersVid
101A. Quiet Title Action Attorney - Part I 9:54 [Added 1/19/12]
Topic headings covered in this Part I:
Description: Homeowners in judicial or non-judicial states have an opportunity to reduce their monthly mortgage payments, or even eliminate the mortgage, through a quiet title action or a declaratory judgment action. Wall Street firms were in such a rush to securitize the nation’s mortgages that they failed to follow the state real property laws as well as their own pooling and service agreements, and REMIC trust requirements. The result for some homeowners could be an order declaring the mortgage unenforceable, or (more likely) a significant reduction in the homeowner’s monthly mortgage payment. Video discusses why New York law governs securitization issues; the famous Ibanez case in Massachusetts; a remarkable admission by Bank of America that it may not have or be able to put its hands on a large number of original notes; and how IRS REMIC requirements could help you nullify your mortgage. Quiet title actions for homeowners in every one of the 50 states can be brought in New York, the home for securitization of mortgages. Attorney Carl Person represents homeowners from various states in quiet title actions commenced in New York. He can be reached at 212-307-4444 or 917-453-9376.
Key Words: quiet title action, declaratory judgment, securitize, securitization, mortgage, deed of trust, pooling and service agreement, REMIC, New York, unenforceable, Ibanez, Bank of America, lost notes, 50 states, attorney, lawyer, Carl Person, costs, hourly rate, filing fee, service process, preliminary title report
101B. Quiet Title Action Attorney - Part II - a continuation of Part I - see Description below 5.00 [Added 1/19/12]
Topic headings covered in this Part II:
Note: Links to several other YouTube videos of mine are to be added at this point.
70. Obama's Snow Job Program 15:43 [Added 9/10/11]
Obama's Snow Job Program Description: Libertarian Candidate Carl Person reviews 22 points in President Obama’s American Jobs Act speech to a joint Congressional Session on September 8, 2011 from the sole standpoint of whether the proposals can be expected to result in the creation of any new net jobs in the United States. Mr. Person explains why, as to each of 22 Obama proposals, the jobs program is a snow job, and that it will not result in the creation of any new jobs. Mr. Person explains what the President and Congress should do if they really want to create new jobs, which is to eliminate three types of regulation of small business, and the nation’s 26,000,000 small businesses (including 20,000,000 self employed persons) will create all the new jobs the country needs, and have the country seeking to fill the rest of the jobs through immigration from other countries. The three items for deregulation, according to Mr. Person (himself a small business person for more than 40 years) are: (i) Ending the laws that prohibit small business from seeking capital through advertising and publicity (which has been illegal since the Securities Act of 1933); (ii) allowing all businesses to designate 3 employees as “independent contractors” so that as to such 3 employees the businesses do not have to comply with payroll withholding and reporting and insurance requirements; and (iii) preempting all state laws that license and otherwise regulate vocational training programs, so that America’s small businesses can provide the vocational training that is not taking place in the nation’s 4-year and community colleges.
Key Words: American Jobs Act, jobs program, small business, job creation, tax breaks, tax credits, temporary jobs, disadvantaged youth, veterans, repairing schools, construction jobs, infrastructure, bridges, red tape, tax code reform, Jobs Council, community colleges, apprenticeships, rehabilitating homes, outdated patent process, trading partners, reducing regulation, Carl Person, Libertarian Party
69. Becoming a Presidential Convention Voting Delegate 5:14 [Added 8/12/11
Description: Attorney Carl Person, who has been defending foreclosures throughout the US, is seeking the nomination of the Libertarian Party as its candidate for President 2012. Person states that through his nomination and the Libertarian Party homeowners facing foreclosure and persons seeking employment would be heard and be able to obtain needed relief. Person asks viewers to get active in the political process, starting very near the top, by joining the Libertarian Party in the viewer’s own State, as well as a local Libertarian group within the State, and then seek appointment as a voting delegate to the Libertarian Party National Convention to be held in Las Vegas from May 4-6, 2012, at the Red Rock Casino. In this way viewers can help change the way in which foreclosures are taking place, and the US will obtain 10,000,000 new, good-paying jobs created by small business without any taxpayer money. The Republican and Democratic Parties are not the answer. They are the problem. The Libertarian Party and candidate Carl Person seek to remove the rules and regulations which prevent small business from creating jobs, such as the rule that small business cannot advertise for capital or create training programs for small business employees. Regulation should be by civil and criminal lawsuits for fraud instead of a massive governmental apparatus that suppresses small business and the creation of new jobs. Person will answer your questions or tell him which organization you have joined. Just call 212-307-4444 or email to firstname.lastname@example.org
Keywords Presidential candidate, convention, nominating, nomination, 2012, election, Republican, Democratic, Libertarian, Party, third, voting, delegate, vote counts, mediation, homeowner, bank, foreclosure, loan modification, forbearance, agreement, loss mitigation, non-binding, judicial, non-judicial, presidential election, red rock casino, Carl E. Person, carl person, Ron Paul, Lee Wrights, Wayne Allen Root, Roger Gary, CEPersVid
68. Is Chapter 13 Bankruptcy for You? 17:35 [Added 8/12/11]
Description: Attorney Carl Person reports on his meeting with the SDNY Bankruptcy Judge who handles all Chapter 13 cases for the SDNY and outlines the requirements for making use of Chapter 13. Also, Person describes the limitations of Chapter 13. Chapter 13 when successful usually results in something akin to a forbearance agreement, rather than a loan modification agreement, although some Bankruptcy Courts have started a mediation program that sometimes results in a loan modification agreement. Person describes the typical case for which Chapter 13 seems to have in mind. Also, Person asks viewers to get active in the political process, starting very near the top, by joining the Libertarian Party in the viewer’s state, as well as a local Libertarian group, and then seek appointment as a voting delegate to the Libertarian Party National Convention to be held in Las Vegas from May 4-6, 2012. In this way viewers can help change the way in which foreclosures are taking place. The Republican and Democratic Parties are not the answer. They are the problem.
Keywords: Chapter 13, bankruptcy, loan modification agreement, forbearance agreement, loss mitigation, Chapter 7, foreclosure, mediation, non-binding, judicial, non-judicial, 31%, cram down, under water, automatic stay, lift stay, presidential election, delegate, nominating convention, libertarian party, red rock casino, SDNY, CEPersVid, Carl E. Person
67. Unemployed? Create Your Own Job! 14:57 [Added 7/4/11] Unemployed? Create Your Own Job! Description: Carl Person, a Harvard lawyer seeking the Libertarian Party's nomination as its candidate for U.S. President (2012), tells how you can create your own job, while creating millions of jobs for others. Person explains that he needs campaign managers in every state, and in various cities, towns and villages in every state, and how you could be creating your own job in the process, and how this would benefit you, Person's campaign and the American public. Person knows employment, and has been a small business owner since age 9. He is an active attorney representing small businesses and homeowners, and is a creator of jobs himself. He created the paralegal career field, which now has 300,000 jobs, and create another field to be -- assistant to the owner of a small business -- which itself could have a demand of 10,000,000 employees by the nation's 26 million small business owners (including 20 million self employed persons, who have no employees at this time). Person's job creation promises are quite real and capable of being implemented, because they require no governmental money, and no new statutes. See if you can figure out why our government doesn't implement these changes to create millions of new jobs. See Person's website at carlperson.org and contact him at email@example.com (putting "Campaign Manager" in the subject line).
66. End Regulation of Vocational Education - Part 2 15:07 [Added 6/30/11] End Regulation of Vocational Education
Description: Part 2 of 2. Carl Person, an attorney and small businessman, is seeking the Libertarian Party nomination for President 2012, and explains how millions of jobs can be created right now, without any new statutes and without any governmental money. What every small businessperson knows, but nobody in Washington DC knows, is that the needed jobs can be created by eliminating unnecessary regulation of small business. This video gives more detail in why we need to end all regulation of post-secondary (post-high school) programs to train students for employment or for self-employment. The only regulation would be by civil or criminal actions for commonlaw fraud. Candidate Person developed a curriculum to train students how to become the assistant to the owner of a small business, which if created by small businesses and taught throughout the US would create millions of jobs with the nation's 26 million small businesses. It would create a pool of millions of trained persons who could and would be hired by small businesses, knowing that a trained replacement was always available. Because of the burdensome regulation of vocational schools, the necessary training programs cannot be started and the nation's colleges are unable to teach the course. Also, Person's program to end all regulation of small business financing would enable small business to obtain the money they need to hire millions of new employees. These and other restrictions on small business financing have prevented small business from growing and increasing their hiring of employees. Also, Also, Person advocates the eliminating of all regulation as to the first three employees of any employer (or household), naming his program: The 1st 3 Are Free. Person also makes a plea for volunteers to help save the economy. See his website at carlperson.org
65. End Regulation of Vocational Education - Part 1 7:42 [Added 6/29/11] End Regulation of Vocational Education
Description: Part 1 of 2. Carl Person, an attorney and small businessman, is seeking the Libertarian Party nomination for President 2012, and explains how millions of jobs can be created right now, without any new statutes and without any governmental money. What every small businessperson knows, but nobody in Washington DC knows, is that the needed jobs can be created by eliminating unnecessary regulation of small business. This video gives more detail in why we need to end all regulation of post-secondary (post-high school) programs to train students for employment or for self-employment. The only regulation would be by civil or criminal actions for commonlaw fraud. Candidate Person developed a curriculum to train students how to become the assistant to the owner of a small business, which if created by small businesses and taught throughout the US would create millions of jobs with the nation's 26 million small businesses. It would create a pool of millions of trained persons who could and would be hired by small business, knowing that a trained replacement was always available. Because of the burdensome regulation of vocational schools, the necessary training programs cannot be started. The nation's colleges are unable to teach such a multi-disciplinary program because it has hundreds of topics, some only 5 or 10 minutes long. Also, Person's program to end all regulation of small business financing would enable small business to obtain the money they need to hire millions of new employees. These and other restrictions on small business financing have prevented small business from growing and increasing their hiring of employees. Also, Person advocates the eliminating of all regulation as to the first three employees of any employer (or household), naming his program: The 1st 3 Are Free. Person also makes a plea for volunteers to help save the economy. See his website at carlperson.org
64. End Regulation of Small Business Financing 6:30 [Added 6/29/11] End Regulation of Small Business Financing
Description: Carl Person, an attorney and small businessman, is seeking the Libertarian Party nomination for President 2012, and explains how millions of jobs can be created right now, without any governmental money or governmental program, simply by ending all regulation of small business financing. This would have to be done by federal statute, preempting all state regulation. Something similar to this was done by the National Securities Market Improvements Act of 1996 ("NSMIA"), which partially preempted state law relating to Rule 506 offerings under Regulation D. What every small businessperson knows, but nobody in Washington DC knows, is that jobs needed in the United States can be created by eliminating unnecessary regulation of small business. The only regulation would be by civil or criminal actions for common law fraud. Person's program to end all regulation of small business financing would enable small businesses to obtain the money they need to hire millions of new employees. These and other regulation of small business have prevented small business from growing and increasing their hiring of employees. Also, Person advocates the eliminating of all regulation as to the first three employees of any employer (or household), naming his program: The 1st 3 Are Free, and advocates eliminating all regulation of post-secondary vocational education. Person also makes a plea for volunteers to help save the economy and Video 67. See Person's website at carlperson.org
63. Jobs Jobs Jobs: The 1st 3 Are Free 12:12 [Added 6/26/11] Jobs Jobs Jobs: The 1st 3 Are Free
Description: Carl Person, an attorney and small businessman, is seeking the Libertarian Party nomination for President 2012, and explains how millions of jobs can be created right now, without any new statutes and without any governmental money. What every small businessperson knows, but nobody in Washington DC knows, is that the needed jobs can be created by eliminating unnecessary regulation of small business. Specifically, Person's program "The 1st 3 Are Free" would eliminate all regulation of the first three employees of any business, or household, so that they would be viewed as "independent contractors". This would eliminate withholding, reporting, minimum wage, OSHA, workmen's compensation insurance, disability income insurance, posting of notices, and insurance fund audits, and enable a small business to skip a payroll when the money isn't there, without causing a collapse of the payment mechanism. All these burdens have caused small businesses not to hire, but they will hire if the regulation is eliminated. Also, we need to end all regulation of the financing of small business, as well as all regulation of post-secondary programs to train students for employment or for self-employment. One needed curriculum is to train students how to become the assistant to the owner of a small business. If small businesses created these programs throughout the U.S., there would be a pool of millions of trained persons who could and would be hired by small business, knowing that a trained replacement was always available. Person also makes a plea for volunteers. See his website at carlperson.org
61. Help Carl Person - Candidate for President 2012 - VIDEO LINK NOT WORKING - VIDEO BEING REVISED 4:22 [Added 6/7/11] Help Carl Person - Candidate for President 2012
Description: Attorney Carl Person is fed up with the nation’s economic mess and the unwillingness of the Democrats and Republicans to fix the problem, and has declared his 2012 Election candidacy for President of the United States. His solutions are presented in various videos by him. See Person’s videos numbered 7-8, 13-14, and 29. Person’s solutions do not require any new statute or Constitutional amendment, and can be achieved without significant expense at the lowest level of government, and without involvement of the federal, state or county governments. Attorney Person is asking you to help him with his campaign-- to become his Campaign Coordinator in your own state. In this way, we can create a 50-state organization quickly. Candidate Person will list each State Campaign Coordinator in his campaign website – carlperson.org – which is being changed from his run for NYS Attorney General 2010 into his campaign for the U.S. Presidency in 2012. Person needs your help right now and this is how you can help yourself at the same time.
60. Securities_Litigation_Attorney 50-States x:xx [Added 6/xx/11] [not added yet]
59. Copyright Litigation Attorney 50-States 2:01 [Added 5/25/11] Copyright Litigation Attorney 50-States
Description: Experienced copyright infringement and intellectual property attorney in New York City (Carl Person) can assist lawyers anywhere in the United States in representing plaintiffs or defendants in copyright infringement litigation, including temporary restraining orders and preliminary injunctions. Copyright infringement cases involve up to $250,000 in statutory damages (and a minimum of $750 for illegal download of a single song) which can be assessed against a willfully infringing defendant, even if the registered copyright owner cannot show even one cent in damages by reason of the infringement. This has caused an increase in copyright infringement litigation to go after the quarter million dollar bounty. Mr. Person provides high quality legal services at an affordable hourly rate, which can be an extension of another lawyer's office.
58. Trademark Litigation Attorney 50 States 1:45 [Added 5/25/11] Trademark Litigation Attorney 50 States
Description: Experienced trademark and unfair competition and intellectual property attorney in New York City (Carl Person) can assist lawyers anywhere in the United States in representing plaintiffs or defendants in Lanham Act or common law trademark litigation. Lanham Act infringement cases involve statutory damages which can be assessed against an infringing defendant, even though the trademark owner cannot show even one cent in damages by reason of the infringement, causing a substantial increase in trademark litigation to go after the million dollar bounty. Mr. Person provides high quality legal services at an affordable hourly rate, which can be an extension of another lawyer's office.
57. PACA Litigation Attorney - 50 States 1:28 [Added 5/25/11] PACA Litigation Attorney - 50 States
Description: Experienced PACA attorney in New York City (Carl Person) can assist lawyers anywhere in the United States in representing PACA plaintiffs or defendants. PACA cases involve breach of statutory trust by a PACA dealer and its principals through failure to pay for perishable commodities purchased from a PACA grower or wholesaler. Mr. Person provides high quality legal services at an affordable hourly rate, which can be an extension of another lawyer's office.
56. Lawyer Defends against Foreclosures Anywhere in U.S. 5:20 [Added 5/23/11] Lawyer Defends against Foreclosures Anywhere in U.S.
Description: Attorney Carl E. Person speaks to homeowners anywhere in the United States threatened with foreclosure, or who have already lost their homes to wrongful foreclosure. For those who cannot find a foreclosure defense attorney in their area, Person explains how they can use an experienced foreclosure defense attorney from out-of-state, whether the homeowner lives in a non-judicial or judicial foreclosure state. Also, attorney Person discusses the five main legal issues to be considered and raised at this time.
55. Stop Paying Your Mortgage - ANIMATION 1:34 [Added 5/12/11]
Description: Pay cutback causes first employee to have problem in paying mortgage. Second employee, also getting pay cutback, has no problem. Working out the moral problem of not honoring one's contractual obligations. http://howtogetridofyourunwanteddebt.com. See video # 2 below, of the same title, but not animated.
54. Stop Paying Your Credit Cards! 19:59 [Added 5/2/11] Stop Paying Your Credit Cards!
Description: Attorney Carl E. Person, who represents debtors in their dealings with banks and credit card companies as to foreclosures, credit card debt and student loans, explains why and how an individual suffering from too much debt can substantially reduce or eliminate his/her credit card debt. The procedure is started when the debt-ridden individual Stops Paying His/Her Credit Cards. Person explains the steps that will take place, from the selection of cards not to pay, through dealing with abusive collection practices and ever-increasing settlement possibilities, and in some cases a necessary lawsuit, in which the debtors countersues the credit card company (or assignee of the debt) for abusive collection practices and punitive damages. Person explains how a reduction of debt by 80% can be expected, and that the cost of defending a lawsuit by the credit card company (if it becomes necessary to do so) will be about $2,500 to $3,000. Person also lists the possible defenses against the credit card company’s lawsuit, and discovery efforts, which should encourage rea-sonable settlement.
53. Stop Paying Your Student Loans! 8:06 [Added 4/29/11] Stop Paying Your Student Loans!
Description: Millions of students are needlessly paying their student loans which are “under water” – i.e., where the amount owed is greater than the value of the higher education purchased with the loans. Borrowers can’t earn enough to pay their student loans and pay for their reasonable living expenses. The borrowers should do what homeowners do when their mortgages are under water – which is to stop paying their l oans, get into a court setting, and negotiate for a reduced loan (in principal amount as well as monthly interest). Attorney Carl Person also produced the first and successful video “Stop Paying Your Mortgage!”. Although government student loans are almost impossible to shed in bankruptcy, you can go into court by suing your banks to terminate the student loans on various legal grounds and expect to have an opportunity to settle your case in a way that eliminates or substantially reduces your loan, depending on the facts of your case. Get rid of student loans by stopping payment; suing the banks, and then settling. Stop being an economic slave to the banks.
52. Foreclosure Relief through Churches 13:16 [Added 4/28/11] Foreclosure Relief through Churches
Description: Attorney Carl E. Person explains how a single church or a group of churches, or all of the churches in the U.S., can stop unwarranted foreclosures and resolve the mortgage foreclosure crisis for their members. Person, who defends foreclosure actions, and sues banks for wrongful foreclosures, states that the federal, state and local governments are doing virtually nothing to help financially-troubled homeowners, and a fix to this problem is for the nation’s churches to perform this vital government function which governments are refusing to perform. Person explains how groups of churches are similar to government, and how one or more churches can, by subsidizing loan modification agreements for their members, and by suing banks unwilling to enter into reasonable loan modification agreements, encourage banks to grant reasonable loan modification agreements for deserving church members.
51. Millions of Foreclosures [Could Be] Vacated with Newly-Discovered Evidence 4:56 [Added 03/12/11] Millions of Foreclosures [Could Be} Vacated with Newly-Discovered Evidence
Description: Millions of homeowners who have lost their homes through foreclosure now have a way to recover their homes (if still owned or controlled by the bank) and damages for wrongful foreclosure. Homeowners need to move or file action to vacate the judgment of foreclosure based on newly-discovered evidence by them, consisting of (i) no original note; (ii) deliberate destruction of note by MERS; (iii) bank's use of fraudulent affidavits and failure to comply with other state-law requirements; (iv) bank's deceptive, fraudulent dual-track loan modification program designed to put homeowners into default to enable the bank to foreclose; and (v) breach of contract by bank and breach of implied covenant of good faith and fair dealing by bank. See proposed agreement dated 3/3/11 between 50-state Attorneys General and the 5 main banks for additional details of what the banks have been doing. The agreement is available at carlperson.com/agreement.pdf
50. 50-State Attorneys General Settlement Agreement with Banks 21:10 [Added 03/12/11] 50-State Attorneys General Settlement Agreement with Banks
Description: Here are the highlights of a proposed 27-page settlement agreement dated March 3, 2011 or 3/3/11 between the 50-state Attorneys General and the 5 main banks (BOA, JPMorganChase, Wells Fargo, Citigroup, Ally Financing a/k/a GMAC) to regulate residential forec-losures on a uniform basis throughout the U.S., including non-judicial foreclosures. There are relief provisions for future, present and past foreclosures and sales. Relief is provided for most of the foreclosure evils, including ones you may not have heard about. The banks are unlikely to accept the proposed settlement. You'll probably need an attorney to help you get relief, whether or not the agreement is signed by the banks. The agreement is available at carlper-son.com/agreement.pdf
49. Homeowner’s Cost to Sue Bank for Loan Modification Agreement 10:30 [Added 02/11/11] Homeowner’s Cost to Sue Bank for Loan Modification Agreement
Description: To obtain a loan modification agreement which the bank refuses to give, you need to bring suit against the bank. You should do this right away, while the bank and banking industry are in disarray (and may not be able to find the original note). Attorney Carl Person takes you through a cost-benefit analysis for homeowners wanting to save their home from foreclosure. First, homeowners are to determine the dollar value to them of obtaining a reasonable loan modification agreement (including the value of saving a threatened marriage). Secondly, Person outlines the dollar amount of the homeowner's expected cost (in legal fees and expenses) to commence his/her lawsuit against the bank, and hopefully force the bank to give the desired loan modification agreement. Thirdly, Person explains various ways in which the homeowner can put together the money needed to pay the attorney.
48. Foreclosure Lottery: Original Note and Bad Faith Denial of Loan Modification Agreement 8:23 [Added 02/03/11] Foreclosure Lottery: No Original Note; Bad Faith Denial of Loan Modification Agreement
Description: Homeowners facing foreclosure are also invited to participate in a foreclosure lottery, when getting into court against the bank. A homeowner either defends a foreclosure action in a judicial foreclosure state such as NY and Florida (there are 23 such states) or must file an action in court in the other 27, non-judicial foreclosure states. The foreclosure lottery is whether the bank owns and can produce the original note (if not, the homeowner may win the house) and whether the bank did a bad faith denial of a loan modification agreement (resulting in unclean hands and disqualification to proceed with the equitable action of foreclosure). Also, the banks' two track foreclosure system (LMA as one track; and foreclosure as the other) enables almost any residential mortgagor to make a legitimate claim for punitive damages against most major banks.
47. Homeowners Can Sue for Modification Agreement -- While Banks Are in Disarray 8:57 [Added 01/23/11] Homeowners Can Sue for Modification Agreement -- While Banks Are in Disarray
Description: The banks are in disarray because of various recent decisions and court rules concerning foreclosures. The banks have trillions of dollars at stake and are not sure what to do. What an individual, financially-troubled homeowner should consider doing is to sue the bank and its predecessors claiming that they have no interest in the property (a declaratory judgment action or an action to quiet title). Whereas the banks may not grant a loan modification agreement to millions of homeowners, they would be more likely to give you a loan modification agreement than if you did not sue. A lawsuit could clear up the title for both the homeowner and the bank, and provide a loan modification agreement to the homeowner. There are many reasons for this which I spell out in this video. Carl E. Person, foreclosure defense attorney.
46. How to Reverse a Home Foreclosure Sale - Mass. Ibanez Decision 8:46 [Added 01/08/11] How to Reverse a Home Foreclosure Sale - Mass. Ibanez Decision
Description: Attorney Carl Person discusses a 1/7/11 Massachusetts unanimous decision that may affect foreclosures nationwide, in U.S. Bank National Association v. Ibanez. The court refused to award US Bank and Wells Fargo clear title to the foreclosed properties because the mortgage assignments to the foreclosing parties had not taken place prior to the required Notice of Fo-reclosure to the homeowners or prior to the banks' sales of their homes. The Court held that strict compliance is required or the sale is void. For a searchable copy of the decision, go to http://carlperson.com/ibanez_decision.doc
45. National - Commercial/Business Litigation Attorney 6:48 [Added 01/07/11] National - Commercial/Business Litigation Attorney
Description: Attorney Carl E. Person explains how his individual law practice is a national as well as NYC law practice, in the field of commercial and business litigation. Person explains how he uses local counsel in states other than New York to obtain admission to the local court "pro hac vice", which permits Person to be the attorney of record for the client. Also, Person explains how he is able to lower litigation costs for his clients, and does not charge for travel time. Finally, Person lists a variety of types of business litigation in which he has substantial experience, and advises viewers that he gives initial consultations without charge. Person's website is carlperson.com
44. NY Defense Attorney Civil Law Firm 3:08 [Added 01/07/11] NY Defense Attorney Civil Law Firm
Description: New York Attorney Carl Person explains why he should be considered by any defendant seeking a defense lawyer, law firm or attorney for any civil litigation commenced in any federal court or Supreme Court in New York City, Man-hattan, New York County, Brooklyn, Kings County, Queens, Bronx, Staten Island, Richmond County, Nassau County or Suffolk County. Person gives 14 reasons including that, in his small law practice, he charges a lower hourly rate than many or lawyers with equivalent experience, and that his initial consultations are free, and can be obtained through a telephone call. The wide range of Person's litigation experience is available at Person's website, carlperson.com.
43. The Obvious Solution to the Mortgage Foreclosure Problem Is a Municipal Foreclosure Relief Authority 14:47 [Added 11/21/10] The Obvious Solution to the Mortgage Foreclosure Problem Is a Municipal Foreclosure Relief Authority
Description: Attorney Carl Person explains his novel plan for ending the foreclosure crisis, easily solved by local government in municipalities of less than 50,000 residents, without any federal or state statutes, funds or approvals. The Municipality will assist beleaguered homeowners in obtaining a loan modification agreement. The Municipality could obtaining financing through (i) by selling municipal tax-exempt bonds through a Municipal Foreclosure Relief Authority and/or (ii) recovery in lawsuits brought by the "Town Attorney General". The Municipality needs to take over the banks' function of working with borrowers to try to work out troublesome loans. When this program is coupled with the tuition-free equivalency college, local land values will go up substantially (because families will want to buy homes in a town providing these benefits to residents). The Municipality will have ample security for its investments in local real estate.
42. Homeowners Can Sue Banks to Cancel Mortgage or for Wrongful or Fraudulent Foreclosure and Punitive Damages 10:07 [Added 11/17/10] Homeowners Can Sue Banks to Cancel Mortgage or for Wrongful or Fraudulent Foreclosure and Punitive Damages
Description: Attorney Carl Person explains why homeowners in every state should consider suing banks for cancellation of mortgage, to obtain a reasonable loan modification agreement, for damages caused by predatory lending practices or fraud on the court (based on filing of false affidavits, filing of actions where the bank did not own the note or possess the original note), and for punitive damages. Person explains why the banks are more apt to settle an action by providing a reasonable loan modification agreement, which would make the homeowner's cost of lawsuit almost insignificant in comparison to the value of successful lawsuit
41. Court Stops Fraudulent Foreclosures; Forces Loan Modification Agreements 14:47 [Added 11/14/10] Court Stops Fraudulent Foreclosures; Forces Loan Modification Agreements
Description: This video, by Carl E. Person, an attorney defending foreclosure actions and commencing wrongful foreclosure actions, on a national basis, explains developments taking place in the New York courts during the past few weeks which may have the effect of stopping millions of residential foreclosures and forcing the banks or other lenders to enter into reasonable loan modification agreements (for lower monthly payments and reduced loan amount) with the homeowner borrowers. Attorneys are now being required by an Administrative Order issued by the Chief Administrative Judge of New York, with the approval of the Chief Judge of New York and the four Presiding Justices of the Appellate Divisions, to file affirmations (the equivalent of affidavits) in each foreclosure action still in the courts (and possibly in post-sale litigation such as eviction and wrongful foreclosure lawsuits) swearing that the bank and its attorneys have complied with the various NY statutes, rules and regulations required as to residential foreclosures. If the attorney doesn’t sign and file the required affirmation, the foreclosure won’t go forward. If the attorney commits perjury by swearing untruthfully in an affirmation, the attorney can be disbarred, fined or even put in jail. I, Carl Person, the creator of this video, 10 days earlier had urged similar action in a press release posted on my campaign website (in support of my 2010 candidacy for NYS Attorney General). I applaud what the NY Courts have done; hope that I did in fact have something to do with this (which was one of the purposes of my third-party candidacy, to raise issues and hope for adoption); and expect that many of the 22 other “judicial foreclosure states” will do likewise. I urge everyone to contact their legislators in the other 27 states and urge them to pass legislation requiring foreclosures to be approved by the courts, with a similar attorney affirmation requirement.
40. False Affidavits-Homeowner Lawsuits 9:05 [Added 9/9/10] False Affidavits-Homeowner Lawsuits
Description: This video, by an attorney defending foreclosure actions and proceedings, on a national basis, explains what homeowners can do in light of the false affidavits and falsified or fraudulent documents that have been filed in millions of foreclosure actions in at least 23 (judicial foreclosure) states by banks and other financial institutions including Bank of America, JPMorgan Chase, GMAC, Ally Financial, Countrywide and Wells Fargo. The video discusses separately what homeowners or former homeowners can do, as to judicial foreclosures, if (1) their home has already been sold (by auction or short sale); (2) if they are in default and a foreclosure action is proceeding against them by default, with the home not yet being sold; or (3) if they are currently defending a foreclosure action and are not in default. Also, the video discusses what homeowners or former homeowners can do about non-judicial foreclosures, if (4) their home has already been sold by foreclosure sale, or by a short sale after a threatened foreclosure; (5) if they have received notice of foreclosure but the home has not yet been sold; (6) if they are behind in their monthly payments but have not received any notice of foreclosure proceedings; or (7) they are up to date on their mortgage payments (which is the most favorable position to be in, as explained in the video). Remedies discussed include recovering the property, obtaining a declaratory judgment as to the rights between homeowner and bank or other lending institution; obtaining a modification agreement, obtaining damages, consequential damages and punitive damages; and moving to dismiss a foreclosure action (for a variety of reasons including lack of standing and filing of false affidavits and documents) or moving to vacate a default in a foreclosure action.
39A. Law Jobs for Law Students - 1st of 4 Videos 13:10 [Added 9/12/10] Law Jobs for Law Students - 1st of 4 Videos
Description: The 1st video of a series of 4 related videos for law students to explain how they can create a job for themselves upon graduation as an "attorney general" for a town, village, city or county, a highly sophisticated job cutting across many disciplines of law, to protect the rights of residents and small businesses at public expense, and to support the candidacy of New York attorney Carl E. Person who is on the ballot as the Libertarian candidate for NYS Attorney General in the elections to be held on November 2, 2010. Person's concept of the "Vig Economy" is explained, as well as why, in Person's opinion, the NYS Attorney General is the most powerful elected office in the country. Person also explains how the economy can be reformed without any new statutes or Constitutional amendments or federal/state grants through creating systems to increase self employment and small business opportunities, starting at the bottom (in a single town or village), to create prosperity for such municipality and its residents and small businesses, followed by a grass roots expansion of prosperity to other towns, villages, cities and counties and their residents and small businesses. This part I of the 4 part series covers an introduction to and summary of all 4 videos; an explanation of Person's concept of the "Vig Economy" with many examples of "vig", and an explanation of why law enforcement is necessary to establish the lines which business should not cross, so that there can be effective competition, and to prevent large corporations from becoming too large to fail. What Person will do as NYS Attorney General if elected is discussed in one or more of the other 3 videos. Person’s websites of interest are carlperson.org; carlperson4NYAG.com; lawmall.com/electionissues; townattorneygeneral.com and myclads.com
39B. Law Jobs for Law Students - 2nd of 4 Videos 14:31 [Added 9/12/10] Law Jobs for Law Students - 2nd of 4 Videos
Description: The 2nd video of a series of 4 related videos for law students to explain how they can create a job for themselves upon graduation as an "attorney general" for a town, village, city or county, a highly sophisticated job cutting across many disciplines of law, to protect the rights of residents and small businesses at public expense, and to support the candidacy of New York attorney Carl E. Person who is on the ballot as the Libertarian candidate for NYS Attorney General in the elections to be held on November 2, 2010. In this 2nd video, Person discusses his background as a civil rights, antitrust and commercial litigator, and his securities experience; his role, starting in 1972, in creating the paralegal field and other reforms in the legal field (including lawyer advertising, sale of shares in lawsuits, expert witness payment on a contingent-fee basis, and a national private court); and Person's role as a private attorney general and attorney for private attorneys general. Person explains how he followed the career of former NY Attorney General Eliot Spitzer and, as a result, realized the awesome powers of the office and how these powers should be decentralized through the creation of the office of a town/village/county/city attorney general. Finally, this 2nd video discusses America's one party system and some diversionary issues to keep voters from voting in support of more important interests (such as jobs, civil rights and a continuing democracy). What Person will do as NYS Attorney General if elected is discussed in the 3rd and 4th videos. Person's websites of interest are carlperson.org; carlperson4NYAG.com; lawmall.com/electionissues; townattorneygeneral.com and myclads.com
39C. Law Jobs for Law Students - 3rd of 4 Videos 14:48 [Added 9/13/10] Law Jobs for Law Students - 3rd of 4 Videos
Description: The 3rd video of a series of 4 related videos for law students to explain how they can create a job for themselves upon graduation as an "attorney general" for a town, village, city or county, a highly sophisticated job cutting across many disciplines of law, to protect the rights of residents and small businesses at public expense, and to support the candidacy of New York attorney Carl E. Person who is on the ballot as the Libertarian candidate for NYS Attorney General in the elections to be held on November 2, 2010. In this 3rd video, Person discusses the nation's educational system, Person's establishing and management of a paralegal school for 18 years, taught first at the post-graduate level, and then at the college level; and what needs to be done to create a more effective educational system (which you can predict is to have competition in education instead of large amounts of vig). Also, Person explains why the NYS Attorney General is the most powerful elected position in the United States (for 14 reasons), and Person's program for the creation of prosperity for residents and small businesses in any town, village, municipality or small city (or part of a city) which wants to create prosperity for itself. Finally, in this 3rd video, Person discusses how misguided self regulation has resulted in the creation of our Vig economy and near destruction of a viable, sustainable economy for the vast majority of Americans. In his 4th (final) video, Person explains what he would do if elected as NYS Attorney General to reform Wall Street, and what courses a law student should take to prepare themselves to create a law job for themselves upon graduation as an Attorney General for a town, village, municipality, city or county, or to give you the skills needed to make to run for election or appointment as Attorney General of your state. Person's websites of interest are carlperson.org; carlperson4NYAG.com; lawmall.com/electionissues; townattorneygeneral.com and myclads.com
39D. Law Jobs for Law Students - 4th of 4 Videos 12:43 [Added 9/13/10] Law Jobs for Law Students - 4th of 4 Videos
Description: The 4th (and final) video of a series of 4 related videos for law students to explain how they can create a job for themselves upon graduation as an "attorney general" for a town, village, city or county, a highly sophisticated job cutting across many disciplines of law, to protect the rights of residents and small businesses at public expense, and to support the candidacy of New York attorney Carl E. Person who is on the ballot as the Libertarian candidate for NYS Attorney General in the elections to be held on November 2, 2010. In this 3rd video, Person discusses the nation's educational system, Person's establishing and management of a paralegal school for 18 years, taught first at the post-graduate level, and then at the college level; and what needs to be done to create a more effective educational system (which you can predict is to have competition in education instead of large amounts of vig). Also, Person explains why the NYS Attorney General is the most powerful elected position in the United States (for 14 reasons), and Person's program for the creation of prosperity for residents and small businesses in any town, village, municipality or small city (or part of a city) which wants to create prosperity for itself. Finally, in this 4th video, Person discusses some of the specific things he would do if elected to reform Wall Street, through enforcement of law, and he sets forth a list of the courses a law student should take in law school to prepare himself/herself to create a law job at the town, village, municipal, city or county level as an "Attorney General" for the governmental unit, or to become qualified to run for (election or appointment as) Attorney General of a state. Person closes with a request for help in his election efforts, including a request for a contribution, hitting the Facebook Like button, disseminating this information to others, volunteering to help out in Person's campaign, and voting for Person and/or getting others to vote for Person. Person's websites of interest are carlperson.org; carlperson4NYAG.com; lawmall.com/electionissues; townattorneygeneral.com and myclads.com
38. Federal Reserve Ponzi Scheme 10:58 [Added 8/31/10] Federal Reserve Ponzi Scheme
Description: "The Secret of Oz" is among the top films you should view. In my 11-minute video I set forth some of the most important facts to be gleaned from the movie, and then explain what can be done at the state and local level to work around the Federal Reserve Ponzi Scheme. The Federal Reserve is privately owned by the major banks and is in control of the nation's money supply. The Federal Reserve can and does create recessions and depressions by this control of money, such as the state of the economy now existing, which is a period for the rich to buy up the nation's assets for a pittance through foreclosures. The U.S. government, to pay its own bills, borrows money from the Federal Reserve (meaning, Chase, BOA, Citibank, and other major banks) and pays interest on the national debt to these banks (even on the trillion dollars recently given to these banks). The film points out that there is no need at all for this, which is no more than a Ponzi scheme, requiring more and more debt to finance paying interest by the U.S. on its outstanding debt. Instead, as Lincoln and Kennedy both started to do (before being assassinated, probably no coincidence) the U.S. Government should issue money directly, which would not require interest payments and would not be debt of the U.S. Government. Most importantly, money does not have to be based on precious metals. This is useful only for the owners of the precious metals and gives them a near monopoly on the money of a nation. Money to be accepted as legal tender could be wooden sticks (called Tally Sticks, used in England successfully for 726 years). The quantity of whatever is used as money needs to be controlled, and counterfeiting needs to be prevented. As a workaround, states should create a state bank similar to the North Dakota State Bank, to be able to have the State create money for its communities rather than to rely upon the machinations of the Federal Reserve. Sources: The Secret of Oz: youtube.com/watch?v=D22TlYA8F2E carlperson4NYAG.com, www.john-f-kennedy.net/thefederalreserve .htm, www.banknd.nd.gov/ also go to www.wtv-zone.com/Mary/BIGGESTSCAMINHISTO RY.HTML
37. Foreclosures and 2010 Elections 6:55 [Added 8/23/10] Foreclosures and 2010 Elections
Description: The Obama Administration and Congress have done virtually nothing to help the nation's foreclosure disaster. There is one elective office in the U.S. which can do something to help. This is the NYS Attorney General. The powers of the NYS AG are awesome, because he/she is elected and has discretionary power, and is the regulator of Wall Street under both federal and state law because the federal government has abandoned its regulatory role. I (Carl E. Person) am running for NYS Attorney General on the Libertarian Party line, and I need your help to get elected. I need a viral campaign (Facebook, Twitter), starting out with you. As NYS Attorney General I would encourage the attorneys general of the other 49 states to follow my lead. Please look at my video and help stop the looting of America. To see other foreclosure-related videos by Carl Person, search in YouTube for Carl Person's trademark "CEPersVid" and "foreclosure", and visit my campaign websites carlperson4NYAG.com and carlperson.org.
36. Defend Franchise Terminations as If a [Mortgage] Foreclosure 7:14 [Added 4/4/10] Defend Franchise Terminations as If a [Mortgage] Foreclosure
Description: Attorney Carl E. Person explains how terminations of franchise and licensing agreements are comparable to mortgage foreclosures in non-judicial foreclosure states and should be treated similarly. Carl Person explains how the poorly performing economy is causing franchisees to be unable to perform, thereby threatening the franchisee with termination. Person explains what the franchisee or licensee should do, starting right away, to defend against termination, including eight specific steps, leading up to and including litigation. Person explains how he, acting with local counsel, can represent a franchisee or licensee in litigation commenced in any state. CEPersVid-36
35. Foreclosures: Landmark National Bank v. Kesler 9:55 [Added 9/28/09] Foreclosures: Landmark National Bank v. Kesler
Description: Discusses the implications of a landmark decision -- Landmark National Bank v. Kesler - on 8/28/09 by the Supreme Court of Kansas holding that Mortgage Electronic Registration Systems, Inc. (otherwise known as "MERS") has no standing to commence a foreclosure action as to a home mortgage registered with it, and that when MERS transfers title to the mortgage the assignee may not get good title to the mortgage, which means that the assignee also may not have standing to foreclose. This is truly a landmark case that is going to be featured in more than half of the defended foreclosures in the U.S. and is a basis for obtaining remedies for wrongful foreclosure by homeowners who have already lost their homes to unopposed judicial or non-judicial foreclosures. This decision is so important that it overwhelms anything the Obama administration or Congress may try to do for mortgage-oppressed homeowners. CEPersVid-35
34. Foreclosures: Gang-Banging the Banks 9:58 [Added 9/19/09] Foreclosures: Gang-Banging the Banks
Description: Here is a proposed solution for homeowners facing foreclosure in the non-judicial foreclosure states, such as California, Nevada, New Mexico, Massachusetts, New Hampshire, where the bank does not go into court to foreclose. My group lawsuit, to have aggrieved homeowners gang up on the errant banks (and provide an extra bang for the homeowner's buck), gives aggrieved homeowners access to the courts to fight foreclosure by reducing the costs of access (including the dollar costs and attorney time charges per homeowner); it creates a greater probability that some of the banks would rather give a modification agreement than remain in the huge lawsuit; it gives a vehicle for aggrieved homeowners to get massive publicity about their plight; and it may bring to the attention of state legislators that the state should adopt foreclosure statutes similar to New York State as a way of reducing the impact of the banks predatory activities and preventing the banks (in many cases) from obtaining the full amount of their usurious interest and fees.
33. Regulatory Reform 9:58 [Added 6/21/09] Regulatory Reform
Description: Regulatory Reform really means the reforms needed to slow down the concentration of our U.S. economy into the hands of fewer and fewer multinational corporations and their controlling individuals. Regulatory reform is needed in many areas, (a) to provide greater opportunity for individuals and small businesses; and (b) to reduce the unfair allocation of the nation's wealth to various favored groups. Although the leaders of the nation and their controlled media talk about Regulatory Reform, you can bet your last dollar nothing meaningful is going to happen at the federal and state levels. Instead, meaningful reform of our economy is going to come, if at all, from the smallest towns and villages in the U.S., where reform is still possible, and such reform (if achieved) will spread like grass roots to other towns and villages, and to counties and cities. This video tells you the regulatory reforms that are needed but will not be achieved, at the federal or state level. Many of the possible reforms for towns and villages are described in election-issues-us.com and lawmall.com. To see other videos by Carl Person, search in YouTube for Carl Person's trademark "CEPersVid".
32. Hiring an Out-of-State Lawyer 9:51 [Added 6/21/09] Hiring an Out-of-State Lawyer
Description: Lawyers are permitted to represent clients in lawsuits outside of the state in which a lawyer is licensed to practice law. This is accomplished through a "pro hac vice" motion or application [pronounced pro hock veechee], and requires the assistance of a lawyer (called "local counsel") licensed in the outside state. This video gives a short history and a brief explanation of how lawyers are being hired to represent clients in lawsuits brought in states other than the lawyer's state of licensure. I have represented clients in litigation in various states through this pro hac vice process.
31. Foreclosure Exit Strategies – Part 2 of 2 Parts 9:59 [Added 6/21/09] Foreclosure Exit Strategies - Part 2 of 2 Parts
Description: Part 2 of 2-part video. Distressed homeowners, the ones facing foreclosure, need to consider the various exit options available to them when in or facing a foreclosure action. These options depend to some extent on whether there is equity in your home or whether you want to save your home in spite of the lack of equity. The exit options (instead of letting your home go by failing to defend the foreclosure action) include (in no particular order) the timely defense of the foreclosure action together and then finding an exit from the action through a modification agreement, forbearance agreement, short sale, walk-away or abandonment, recapturing the hidden equity or other use of your home during foreclosure, paying off your credit card debt, purchasing a lower-valued home with your hidden equity, defending the action until you can sell the home to capture its present (or later) value, or until you can find the money to bring the mortgage up to date. Part 1 is my video-30. Part I provides some preliminary information a homeowner facing foreclosure needs to be able to analyze exit strategies, then lists the main exit strategies. This Part 2 provides more detail about each of the foreclosure exit strategies. You can search for my foreclosure related videos by searching for "CEPersVid" and "foreclosure".
30. Foreclosure Exit Strategies – Part 1 of 2 Parts 7:02 [Added 6/21/09] Foreclosure Exit Strategies - Part 1 of 2 Parts
Description: Distressed homeowners, the ones facing foreclosure, need to consider the various foreclosure exit options available to them when in or facing a foreclosure action. These options depend to some extent on whether there is equity in your home or whether you want to save your home in spite of the lack of equity. The exit options (instead of letting your home go by failing to defend the foreclosure action) include (in no particular order) the timely defense of the foreclosure action together and then finding an exit from the action through a modification agreement, forbearance agreement, short sale, walk-away or abandonment, recapturing the hidden equity or other use of your home during foreclosure, paying off your credit card debt, purchasing a lower-valued home with your hidden equity, defending the action until you can sell the home to capture its present (or later) value, or until you can find the money to bring the mortgage up to date. This video is Part I of a 2-part series and provides some preliminary information a homeowner facing foreclosure needs to be able to analyze exit strategies, then lists the main exit strategies. Part 2 provides more detail about each of the foreclosure exit strategies. You can search for my related videos by searching for "CEPersVid" and "foreclosure".
29. Media Censors Self-Help Prosperity Plan 9:00 [added 5/23/09] Media Censors Self-Help Prosperity Plan
Description: The major media is preventing the public from learning how to end the recession/depression. Any town or village can, through its own activities, provide a stimulus to its own local economy that will create prosperity for the residents of the town, even while residents on the other side of the town line remain in financial distress. The major media should, but does not, sift through and then publicize workable solutions to the nation’s economic problems. Instead, the major media publishes handouts by the politicians, who work for those who are not interested in curing the country’s economic evils, because they created and are prospering from such evils. Here is an opportunity for you to see how you can create prosperity for all of the residents in your town or village having a population between 5,000 and 25,000. If you agree with the plan, send a link to this video to your elected leaders (and to others who might do the same), and see if we can’t overcome political and other corruption by a program of self help, starting in small villages and towns in the United States. I am Carl E. Person, an attorney and concerned citizen, and you can see my 4-point plan at www.election-issues-us.com. Also, you should know that I am not seeking compensation for my services in bringing prosperity to your community.
28. State Bailout for Homeowners 7:53 [added 5/5/09] State Bailout for Homeowners
Description: Bailout help for the nation's homeowners is not coming from Washington. The banks have made sure of that. But, there is a way that some bailout help can be provided by State legislators. The States no longer are allowed to regulate interest rates for mortgages and credit cards. The federal government has pre-empted the States as to regulation of usury. But the States do have the power to regulate foreclosures, and the States having no laws requiring judicial foreclosure should adopt judicial-foreclosure laws right away, and require all residential homeowner foreclosures to take place in court, where the homeowner can continue to use his/her house for perhaps two years without having to make any mortgage payments, and use the money to pay off credit cards and student loans. If this were to take place, the banks would probably make reasonable modification agreements available to homeowners in distress, which the federal government was not able to enact into law because of opposition by the banks and their lobbyists (who give U.S. Senators a significant part of their campaign funds). Also, legislatures in states such as NY and FL (judicial foreclosure states) should enact more requirements to ensure that homeowners do in fact get their day in court against the banks. Finally, all states should enact amendments to the state insolvency laws to permit the Courts to adjust mortgages and use some of the equity in the home to pay off other creditors of the homeowner.
27. Take Your Hidden Equity Thru Foreclosure 6:33 [added 4/23/09] Take Your Hidden Equity Thru Foreclosure
Description: Homeowners who are in danger of losing their homes through judicial foreclosure should not forget about the equity that always exists in a mortgaged property represented by the sum of the mortgage payments that the mortgagor no longer makes while the property is in foreclosure (and for several months before and after). This is so even if the property is worth less than the amount owed to the bank. The total amount of these monthly payments to be saved can be considerable, depending on (i) the number of total number of months of non-payment of mortgage; (ii) the regular amount of the monthly mortgage payment not being paid; and (iii) the legal costs to defend the foreclosure action. Attorney Carl Person explains how homeowners can extract this remaining, hidden equity while ultimately losing their home in foreclosure, and use this hidden equity to reduce or pay off their outstanding credit card balances and stop payment of 30% credit-card interest. CEPersVid-27
26. Major Retailers Killed Themselves 9:13 [added 3/27/09] Major Retailers Killed Themselves
Description: Even the lowest-paying jobs in the U.S. are being lost, but not for reasons that you think, such as the decline in the economy. Many of these jobs are being lost because of the government’s failure to enforce federal and state laws prohibiting price discrimination. The Robinson-Patman Act prohibits price discrimination, but it is not enforced by the government, and it is too costly for impoverished companies to enforce. As a result, the largest retailer - Wal-Mart – gets larger and larger, but this does not happen for Wal-Mart’s largest competitors, who are being threatened with extinction. I explain why in this video, and show you how Wal-Mart is losing $78 billion per year at the same time!
25. Usury Killed Economy 8:50 [added 3/27/09] How Usury Killed Our Economy
Description: This edition of Video Newspaper explains how government policy of permitting pervasive usury has destroyed the U.S. economy. The usury discussed relates to credit cards and home loan mortgages, but expands the concept of usury into the excessive profitability caused by governmental non-enforcement of the nations antitrust, securities and anti-gambling laws. With such many profitable industries based on usury, the nations and world's investment capital left manufacturing and went into these usurious industries (banks, investment banking, consumer financing, home loans, credit cards, and companies with excessive profitability caused by violations of the nations antitrust, securities and anti-gambling laws), causing destruction of American manufacturing, jobs, opportunity, retirement savings and the U.S. economy.
24. Top Down Failure 6:54 Failure of Top Down Government
Description: This edition of Video Newspaper explains how "top down" government is responsible for the nation’s economic mess, with top down examples. The cure for top down evils is a bottom up or grass roots approach. The editor, attorney Carl Person, explains how his grass-roots reform program can bring prosperity to any town or village in the US. Residents of the town have the power to bring prosperity to the town, but so far no town or village in America has elected for prosperity.
23. Toxic Investors Will Foreclose 5:48 Toxic Investors Will Foreclose
Description: The U.S. Government plans to sell toxic mortgages to banks, hedge funds and others waiting to see if they are going to be held criminally liable for what they’ve done to the economy, and to guarantee them against loss. What this means for a homeowner who can’t pay his mortgage (whose mortgage therefore is a “toxic mortgage” probably being offered for sale to these toxic vultures) is that they don’t make any money unless they get it from you and/or your property. This means to me that there is going to be a wave of mortgage foreclosure proceedings that will devaste American homeowners but at the same time bring untold additional riches to the toxic investor-vultures. This video gives you some specific dollar amounts for an assumed homeowner with an outstanding principal amount of $100,000 and arrears in payment of two years.
22. Homeowner Foreclosure Action vs Bank 9:36 Homeowner Foreclosure Action vs Bank
Description: A homeowner threatened with a mortgage foreclosure can start his/her own foreclosure action against the bank. Such action if successful would foreclose the bank from foreclosing on the mortgage. A borrower's foreclosure action is more suitable in California, Nevada, Arizona, Michigan, Washington DC and other states which permit mortgage foreclosures without a court action (called "non-judicial foreclosures"). 29 states permit non-judicial foreclosures. In the other 21 states, including NY (called "judicial foreclosure states"), homeowner-borrowers usually wait for the bank to start a mortgage foreclosure action before asserting their defenses, offsets and counterclaims. This video is by attorney Carl Person who advises homeowners in various states how to oppose mortgage foreclosures.
21. Video Newspaper Offers Real News 9:01 Video Newspaper Offers Real News
Description: The major media has failed, and will continue to fail, to provide citizens with the information they need to know to be able to make informed political choices. This is part of how the rich continue to get richer, and the U.S. and its people get poorer and poorer. Antitrust and civil rights attorney Carl E. Person explains in a series of videos the real story underlying the nation’s economic problems. Now, Mr. Person realizes, these videos are in effect a Video Newspaper, providing the information needed by citizens and others to make better political decisions. Each of the videos provides a better understanding of the economic problem being discussed than you will find in any major daily newspaper, and what you will learn will surprise most viewers.
20. AIG Bonus Recovery 6:43 AIG Bonus Recovery
Description: Excessive compensation of $1.2 billion to officers and employees of AIG has injured shareholders, customers, competitors and shareholders of competitors. An involuntary filing of a bankruptcy petition by 3 creditors would be an easy way to recover the excessive compensation, as illegal preferences and/or fraudulent conveyances or as compensation based on illegal gambling contracts (i.e., derivatives and credit default swaps). A statute should be enacted as a cure for the problem of excessive compensation, permitting 3 shareholders of a corporation to file an involuntary “partial” Chapter 11 bankruptcy petition to give the Bankruptcy Court jurisdiction to determine whether illegal excess compensation was paid, and to supervise the recovery of any such illegal excess compensation.
19. Want $ Million Salary? 7:02 Want $ Million Salary?
Description: Regulation or elimination of excessive executive and salesperson compensation fails to address the real problem, which is that there is underlying illegal conduct taking place which permits if not requires the excessive compensation. Use excessive compensation as a regulatory telltale sign to direct enforcement activities by regulators and private lawsuits. This will help to end the illegal conduct by the corporation and its excessively paid law violators.
18. Jury Nullification Is a Right 7:03 Jury Nullification Is a Right
Description: Jury nullification is the one rule of law that no judge ever tells a jury about, but it enables a jury to decide a case according to what is right. Jury nullification is a Constitutional right of jurors and they cannot be punished for exercising this right. The right is an important part of the Constitutions checks and balances and needs to be known and exercised by jurors to overcome some of the major advantages the rich and powerful have created for themselves in our civil judicial system.
17. Cure for Failing Newspapers 8:15 Cure for Failing Newspapers
Description: How the nation's daily newspapers, most of which monopolize the newspaper market in their geographic area, can prevent themselves from going out of business, by providing a service which they have forgotten, or were motivated not, to provide. If a daily newspaper starts providing this forgotten service to its readers, the newspaper should be able to survive and even prosper. The problem is not Craigslist. The problem is the newspaper's relevance to its readers.
16. Public Financing of Election Campaigns 6:15 Public Financing of Election Campaigns
Description: Antitrust and civil rights attorney Carl E. Person tells you the SINGLE REFORM (public financing of federal and state election campaigns) needed in the U.S. to cure or substantially cure most of the curable problems faced by the United States, including the failing economy, increasing unemployment rate, poor schools and over-priced colleges, inadequate healthcare system, excessive mortgage foreclosure rate, trillions of dollars in wasteful pork, bailout and stimulus moneys; excessive taxes, declining opportunity for individuals and small businesses, the eroding middle class, and loss of Constitutional rights.
15A. Stimulus - Enforce Antitrust Laws - Part A 9:49 Stimulus - Enforce Antitrust Laws - Part A
15B. Stimulus - Enforce Antitrust Laws - Part B 9:12 Stimulus - Enforce Antitrust Laws - Part B
15C. Stimulus - Enforce Antitrust Laws - Part C 8:20 Stimulus - Enforce Antitrust Laws - Part C
Description:Parts A-C [3-part] video. Private antitrust attorney Carl E. Person summarizes the nation’s 4 main antitrust laws (Sherman Act, Robinson-Patman Act, Clayton Act and Federal Trade Commission Act), reads the most important operative text from each of the 4 statutes (with a link for viewers to read the text themselves), explains relevant product and service markets and relevant geographic markets, explains the injurious effects you can predict will take place when a monopoly exists, and what 6 reforms are needed as the # 1 economic Stimulus in this country, to have a return of antitrust law enforcement, to lower prices, create jobs, and prevent further destruction of the U.S. economy by monopolistic and oligopolistic forces, and loss of the Constitutional rights of citizens and others.
14. Unemployment - a Curable Economic Disease 9:15 Unemployment - a Curable Economic Disease
Description: Growing unemployment is an economic disease and is curable, when you identify and treat the causes of the disease. The public doesnt understand the causes and is led to believe that toxic investments are the main culprit. This is just a symptom, and is not the disease itself. Carl Person, an antitrust attorney, lists various symptoms of the economic disease, and then prescribes 10 treatments needed to get rid of the disease. If these treatments for the nation's unemployment problem do not take place, it can be assumed that the disease will not go away, but get worse. You are invited to analyze the 10 cures and let the author know about any treatments to add to the list.
Three-Part Video on Antitrust Law
13. Top 10 List of Needed Reforms 9:12 Top 10 List of Needed Reforms to Make Our Economy Work for the Voters and Small Businesses
Description: A list of the Top 10 Needed Reforms in the United States to prevent further loss of the rights and freedoms of individuals and small businesses, and to prevent the United States from becoming a third-world country. These reforms include (1) taxpayer campaign financing; (2) giving ballot access to independent and third-party candidates; (3) stopping $100 million mergers and breaking up companies too large to fail; (4) breaking up the main media monopoly; (5) decentralizing civil law enforcement through appointment of a new type of sheriff, who goes into court; (6) setting up $2,000/year tuition equivalency colleges for all residents of the US; (7) requiring imports to pay their fair share of the costs of maintaining the U.S. market; (8) set up a single-payer healthcare system together with fostering of an optional free-market for medical services; (9) reform of banking, credit card and securities laws (to stop gouging and to make it easier for small businesses to raise capital); and (10) court reform e.g. a paperless U.S. Supreme Court, and elimination of the federal arbitration act which deprives individuals of their Constitutional right to a jury trial.
12. Defend Foreclosure Actions! 5:16 Why You Should Defend the Foreclosure Action Brought Against You
Description: If you have failed to answer, or are considering not to answer, a mortgage foreclosure complaint and plan to let your property go by default, you should look at this video. It may help you decide what to do. There are major benefits to be obtained in defending a mortgage foreclosure action, especially when the defense is timely. The longer you wait to try to defend, the harder and more costly it is to obtain the available benefits. The benefits include continuing to live in your home or rent your property for perhaps 12 to 24 months without paying the mortgage; having enough money as a result to hire a lawyer to defend and to have money with which to settle the action with a modification agreement, if possible, and a delay enabling you to sell the property other than by distress if you can’t settle the foreclosure action. A timely defense is usually inexpensive. The lender, by reason of your defense, may incur unexpected costs of litigation equal to 40%-50% of the outstanding principal amount, lose interest during the delay, and be held back in achieving a strengthened balance sheet.
11. Business Litigation Checklist 6:13 Business Litigation Checklist
Description: Attorney Carl E. Person provides a checklist of claims or causes of action to consider when deciding to commence a lawsuit, or when preparing a complaint or counterclaim. They relate mainly to business litigation but many non-business claims are also in the list. Don’t take notes because the list is available for you to see and download at My Checklist of Claims to Review
10. Municipal Pensions - Partial Involuntary Bankruptcy 9:34 Municipal Pensions - Partial Involuntary Bankruptcy
Description: The way to solve the financial problems of the nation’s state and local governments is to enact a law permitting residents to file an involuntary petition in “partial” bankruptcy, to give the Bankruptcy Judge the authority to change payroll and pension agreements, rights and obligations as to all officials, employees and consultants of the Municipality, both past, present and future, and to make such arrangements just and equitable, so that the other residents are not taxed inequitably to pay for Municipal excesses, and so that residents do not lose needed Municipal services. The Municipality would also have the right to file, a voluntary petition.
9. Arbitration Is a Fraud! 8:10 Arbitration Is a Fraud!
Description: Arbitration is a fraud, according to attorney Carl E. Person. He explains how consumer arbitration agreements require consumers to arbitrate any disputes which deprives them of their constitutional right to be heard in a court, by a jury. The commercial or non-commercial arbitration agreements are worse because they usually require each side to pay 50% of the arbitrator's fee, which often amounts to $300 to $750/hour or $75,000 for 100 hours (@ $750) of reported effort by the arbitrator. Most individuals and small business cannot afford to pay an arbitrator $37,500 to resolve a dispute, which means that commercial arbitration agreements not only deprive small business and individuals of a jury trial but they deprive them of the right to obtain any remedy at all. Attorney Person discusses possible ways to get around some of these problems if you are stuck with arbitration.
8. Stimulus to Create Prosperity for Towns 6:57 Stimulus to Create Prosperity for Towns>
Description: How any town, village or small city in the U.S. can create prosperity for its residents through implementing a FREE, 4-part prosperity program including (1) setting up a 4-year equivalency college ($2,000/year tuition) for residents to provide them with the technical and small-business skills now needed to compete; (2) encouraging residents in need of work and income to register in my task marketplace and list hundreds of keyword tasks each resident can provide (e.g., tutor quantum mechanics, mow lawns, repair 1959 Pontiac carburetor, MS Word mail-merge instruction, replace dashboard bulbs), with the town then marketing the website to the 25-mile radius surrounding the town to encourage others to buy the offered services (expected income of $100-$200/day per participant); (3) appointing and training a town attorney general to enforce the rights of residents at government expense and no longer suffer from the failure of federal and state governments to enforce your rights; and (4) setting up an area-wide payroll administrator (similar to an office temp agency) to be the employer of record for area small businesses and households hiring domestic help, to create substantial savings of time and money for the small businesses and encourage them to do more hiring.
7. A Task Market Can Create Jobs at $100/Each 9:42, 6:50
Description: A 2-Part video on how a town, village or small city can create work for its residents at a cost of about $100 per "job", through signing up residents to a free task marketplace website, going door to door to solicit participants, and then advertising the availability of such task performers to the 25-mile radius around the town (using low-cost local advertising), with participants expected to earn about $100 to $200 per day or $25,000 to $50,000 per year as newly-created small businesspersons and independent contractors - all this without federal stimulus subsidies, which is truly a shame. The task marketplace is the obvious successor to the diminishing jobs marketplace, according to the video's author, an antitrust lawyer.
6. Stimulus Needs Area-Wide Payroll Administrator [9:48] Stimulus Needs Area-Wide Payroll Administrator
Description: A local government can create prosperity for its residents and small businesses by making several important, but low-cost changes. One of these changes is to create an area-wide payroll administrator to administer the payrolls for the area's small businesses and also any households hiring domestics (such as babysitters and gardeners). Because of the savings of time and money for the area's small businesses, the area can expect an increase of about 10% in employment as a result. Also, the owners of the businesses will be better able to build up Social Security benefits for themselves which many small business owners forfeit by not having any payroll, because of the burdens on small business of starting up and then stopping payroll when financial conditions of the business require.
5. Employee PR Taxes: 1st 3 Are Free! 8:32 Employee PR Taxes: 1st 3 Are Free!
Description: A federal legislative proposal I call "The First 3 Are Free" to eliminate all federal and state regulation (including payroll taxes, OSHA, insurance, reports) as to the first three employees of any business (other than its owners or relatives) even as to large corporations, which would create 10,000,000 new jobs in the U.S. by eliminating regulatory burdens on the smallest businesses and encourage them to hire 1 to 3 employees; with the government having an option to require the exempt employees to file paperwork and pay taxes at the local Post Office at federal expense, thus transferring the burden of excessive federal regulation upon the federal government
4. Stimulus Needs Town Attorneys General 5:57 Stimulus Needs Town Attorneys General
Description: The national economic crisis was caused by failure of the federal and state governments to enforce various federal and state laws. Crisis could have been averted if 40,000 local governments had appointed and used their own attorneys general (for which they already have the legal authority). The "town attorney general" is needed today to enforce these laws, such as securities, banking, insurance , antitrust and employment, taking over the responsibility from the FTC, Justice Department, federal and state attorneys general, EEOC, banking and market regulators and other state and federal agencies. The proceeds from town attorney general lawsuits, as the recovery of moneys stolen from residents and businesses in the town, could be used to provide healthcare and employment for the residents of the town.
3. Defending a Frivolous Trademark Infringement Action 7:42 Defending a Frivolous Trademark Infringement Action
Description: A wave of trademark infringement bounty-type actions has started because of the $1,000,000 in statutory damages without any need to show actual damages; this has encouraged lawyers to create infringement lawsuits by hiring investigators and paralegals to find possible infringers for the attorney to first demand money (such as $5,000, $10,000 or $15,000), and if not paid, then to sue for $1,000,000 or more. Defendants believe the demands and lawsuits are illegal, unethical and frivolous, the courts have not agreed to this characterization so far.
2. Stop Paying Your Mortgage! 9:13 Stop Paying Your Mortgage!
Also, as a follow-up to my Video # 2, 128. Unaffordable Loan Mod Stops a Foreclosure you should consider looking at my Video # 128 entitled "Unaffordable Loan Mod Stops a Foreclosure", in which I explain that by non-payment of all but the first 1-2 mortgage payments of a permanent but unaffordable loan mod agreement, the homeowner-mortgagor is able to end the immediate foreclosure action and as a practical matter the lender or servicer will have to wait perhaps 2-4 years or longer before having an opportunity to foreclose, sell and evict, by which time the homeowner may be able (but probably less apt) to obtain another loan mod agreement.
Description: Why a homeowner or other mortgagor in NY and other judicial-foreclosure states should stop paying the mortgage if financial difficulty is expected in 6 months, invite a foreclosure action, defend the action timely and vigorously (at low cost), and use the extended time to obtain a reasonable modification agreement or find a buyer to get any of your equity out of the property (by not having to sell at a distress sale).
1. Low-Tuition Equivalency College 7:22 Low-Tuition Equivalency College
Description: How any town, village or small city can start up (in 2 months and at no cost) a 4-year equivalency college for its area residents, with tuition ranging from zero to $2,000 per year per student.
Update as to Video # 1. Instead of a low-tuitition equivalency college, it now (as of 8/13/15) seems more possible and practical to have towns and villages offer a 1-year free course to residents (including high-school seniors and unemployed or under-employed adults) to qualify them to obtain employment without licensing anywhere in the U.S. for $25 to $60 per hour or more as the assistant to the owner of a small business. See the ballot initiative for Hudson, New York to require Hudson to offer such a program at my website voterlaws.com
How NYC Voters Can Enact Directly (as "Ballot Initiatives") the Laws Needed in Counties, Cities, Towns and Villages in NYW and My 2014 Libertarian Party Candidacy for NYS Attorney General
The most recent news is that I'm the Libertarian Party candidate for NYS Attorney General - 2014 elections, with job creation and information technology training as my main issues. I know how to create jobs, and have actual experience in creating a career field in the United States. Also, see my video # 63 Jobs Jobs Jobs: The 1st 3 Are Free explains how jobs can and should be created, without any governmental spending and without any new statutes. Why the government hasn't been doing this, but has been permitting a net loss of jobs instead, isn't hard to figure out. This is what suits the multinationals, banks, hedge funds and investment bankers. They don't want competition from small business and are not going to make it happen by providing the right type of education.
Change must begin at the local level, and of my issues in my candidacy for NYS Attorney General, there is my main issue of changing the curriculum in the 4th (i.e., final) year of high school (with a corresponding adult education program during evenings and weekends) to provide the internet- and computer-related skills (or small business information technology skills) needed for graduates of the 1-year program to obtain employment anywhere in the U.S. for a weekly compensation ranging between $1,000 and $2,500 per week, working for the nation's 27,500,000 small businesses, professional practices, religious organizations, small governmental agencies and anyone else spending too much time on technology and not enough doing the business activities for which they are in business and qualified to do. This is the one needed reform that will get small business going again, and will create 20,000,000 high-paying jobs in the U.S. for everyone, whether old, handicapped, young, black, yellow, white, underemployed, unemployed, male, female, bi-sexual, trans-sexual or whatever. This is the one area in which expertise will prevail over discrimination, for a good many years. The reason is that small business cannot train persons because anyone hired always leaves small business employment for other pastures, and small businesses are not willing or able to run training programs. Instead, the nations high schools, colleges, universities and vocational schools should be providing this training and creating a vast market of trained persons to fill the 20,000,000 job openings that exist, but this is not taking place. They are training persons to go to work instead for government, the military and big businesses - which are not net new-job employers in the U.S. Small business can't hire and the rest aren't hiring, which is our dilemma today. We can change that by fixing our 4th year of high school, with a corresponding adult education program. Last point: This is not training for a blue collar job. Instead, it is training for a GOLD COLLAR JOB!
You and I have finally figured things out. The newspapers aren't telling you what's really happening, and this is understandable. They basically are in support of the controlling group that has devastated the United States economy. If you want any proof that you are not getting the truth from the main media, take a look at any of my videos listed above. Each of them is what the major daily newspapers should have been telling you, but were not. Accordingly, I now think of my series of videos as My Video Newspaper. If you like what you see/hear, please subscribe to my YouTube channel and tell others by giving the video a good rating (5 stars hopefully), which should encourage others to "read" my video newspaper and also learn what's going on. Also, I respond personally to all communications. Most of my videos concern the present economic crisis, including the wave of foreclosures taking place throughout the country. I can help solve the foreclosure crisis through having the court's adopt my solution, that homeowners are entitled to stay in their property (if otherwise they would lose the property to foreclosure) if they could afford to stay in the property if the mortgage is reduced to the present value of the property at the present market rate of interest, which is all that the bank is legitimately entitled to get through a foreclosure. The homeowner should have the right of first refusal to stay in his property. For these and other reason, I'm now running for NYS Attorney General, as the Libertarian Party candidate. My campaign platform is found at Issues for Carl Person's 2014 NYS Attorney General Campaign ..
The attorney general campaign ended on Tuesday, November 4, 2014 but this is only the beginning. Voters in every city, town and incororated village (and various hamlets) in New York State have the right to enact laws directly by majority vote on election day. My website voterlaws.com contains 11 ballot initiatives for voters which need signatures to put on the ballot in 2015 or 2016 (including my most recent petition, to outlaw or severely curtail the use of red-light cameras in a county). Also I have 30+ additional voterlaw ballot initiative petitions at 40+ ballot initiative petitions for NYC voters to enact into law directly during the 2014 or 2015 elections.
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