To: The Georgia State House, The Georgia State Senate, and Governor Brian Kemp
Stop the Banks from Hurting Georgia Homeowners
VOTE NO to HB 237 and STOP Non - Judicial Foreclosures and Waiver of Grantors Rights in Georgia!
Why is this important?
Dear MoveOn Member;
My name is Retina Dawson. I am a Georgia Homeowner who has and continues to be negatively affected by fraudulent foreclosure practices and predatory lending practices in Georgia.
I am writing to request your support and attention to a matter that has affected me personally and continues to have a negative impact on Georgia Citizens such as myself, who are homeowners.
In order to stop the disparity that has occurred in real estate as a result of the fraudulent foreclosure practices, and protect vulnerable Georgia Citizens there are two vital steps that need to be taken:
1. Ask your State Representative to VOTE NO to Bill HB 237 in its present state seen as "current version" on the General Assembly web site
2. Ask your State Representative to initiate a Bill that would end Non - Judicial Foreclosures and strike "Waiving of Grantors Rights" Mortgage Clauses in Georgia.
HB 237 in it's present state does not offer the protection for Georgia citizens from banks that have the power ,money and privilege to issue foreclosure notices without proper due diligence and oversight of required administrative mortgage records. HB 237 should not be passed without proper amendments.
HB 237 is weak in it's current state because it lacks the following:
1. No mention of foreclosure fraud, only mortgage fraud!
2. No mention of corporations, only individuals!
3. Sec. 2 will make it harder for citizens to sue banks(sters) for their illegal deeds. Banks will claim it all was an "error."
4. Section 3 (current revisions) removes the power of the Attorney General to conduct criminal investigations involving "fraudulent real estate transactions..." as was in the original bill.
Note: in Section 2 of HB 237 "mistakes, inadvertent misstatements, or omissions contained in previously filed documents" must be removed. It is long standing practice that you can correct scrivener's errors, but 'mistakes, mis-statements, omissions? When these amount to breaking the law, they must not be excused.
If "oops-errors" amount to fraud, if they hurt a citizen, then the citizen should in no way be hindered from filing suit. The language "An offense of residential mortgage fraud shall not be predicated solely upon..." "oops" information....." will hinder this.
The bank(sters) can't be allowed to just say "oops let us do that again," any more than a citizen who takes a TV home that they didn't pay for can say "oops, I'll take it back."
Banks have been given far too much power, privilege and leeway in Georgia to take the homes of hardworking citizens, they certainly should not receive another legal "pass" to trample on the rights and protections of Georgia homeowners who are the most vulnerable.
This economic and housing crisis is not one of mortgage fraud, as much as it is one of foreclosure fraud. The original version of HB 237- while not saying "foreclosure fraud" directly - did allow for the AG to investigate "fraudulent real estate transactions.."
It's bad enough that the state via the much inflated AG Settlement took the money from the banksters in exchange for an agreement not to prosecute or to turn a blind eye to the massive injustices on GA citizens and then our Government decided without any consideration of it's citizens to use some of the money for purposes other than the relief it was intended for; now, to introduce and pass (Senate) legislation that hampers individual citizens filing suit is just too much!.
Non - Judicial Foreclosures violate every citizens right to due process. Currently mortgages in the state of Georgia are written with a "Waiver of Grantors Rights" clause that indicates the mortgagee waives their 5th and 14th amendment rights and if found to be in default they agree to Non-Judicial foreclosure. It is unconstitutional for citizens to have to waive their constitutional rights in order to purchase a home to reside in. If this "Waiver of Grantors Rights" notice and the Non- Judicial Foreclosures were to be eliminated as an option and stricken from the language in Georgia Mortgages, then Georgia Citizens would have stronger opportunities to be protected from fraudulent predatorial foreclosure practices that currently occur via U.S. mail and an announcement in the newspaper in the State of Georgia.
I urge you to sign this petition and contact your State Representative to protect the vulnerable citizens of Georgia from ongoing predatory mortgage practices and fraudulent foreclosures.
Please use your influence as a voter and a citizen, to stop this legislation and get it amended as well as introduce a Bill that would end Non-Judicial Foreclosures and Waiver of Grantors Rights Mortgage clauses.
Time is of essence..
Sincerely,
Retina Dawson
My name is Retina Dawson. I am a Georgia Homeowner who has and continues to be negatively affected by fraudulent foreclosure practices and predatory lending practices in Georgia.
I am writing to request your support and attention to a matter that has affected me personally and continues to have a negative impact on Georgia Citizens such as myself, who are homeowners.
In order to stop the disparity that has occurred in real estate as a result of the fraudulent foreclosure practices, and protect vulnerable Georgia Citizens there are two vital steps that need to be taken:
1. Ask your State Representative to VOTE NO to Bill HB 237 in its present state seen as "current version" on the General Assembly web site
2. Ask your State Representative to initiate a Bill that would end Non - Judicial Foreclosures and strike "Waiving of Grantors Rights" Mortgage Clauses in Georgia.
HB 237 in it's present state does not offer the protection for Georgia citizens from banks that have the power ,money and privilege to issue foreclosure notices without proper due diligence and oversight of required administrative mortgage records. HB 237 should not be passed without proper amendments.
HB 237 is weak in it's current state because it lacks the following:
1. No mention of foreclosure fraud, only mortgage fraud!
2. No mention of corporations, only individuals!
3. Sec. 2 will make it harder for citizens to sue banks(sters) for their illegal deeds. Banks will claim it all was an "error."
4. Section 3 (current revisions) removes the power of the Attorney General to conduct criminal investigations involving "fraudulent real estate transactions..." as was in the original bill.
Note: in Section 2 of HB 237 "mistakes, inadvertent misstatements, or omissions contained in previously filed documents" must be removed. It is long standing practice that you can correct scrivener's errors, but 'mistakes, mis-statements, omissions? When these amount to breaking the law, they must not be excused.
If "oops-errors" amount to fraud, if they hurt a citizen, then the citizen should in no way be hindered from filing suit. The language "An offense of residential mortgage fraud shall not be predicated solely upon..." "oops" information....." will hinder this.
The bank(sters) can't be allowed to just say "oops let us do that again," any more than a citizen who takes a TV home that they didn't pay for can say "oops, I'll take it back."
Banks have been given far too much power, privilege and leeway in Georgia to take the homes of hardworking citizens, they certainly should not receive another legal "pass" to trample on the rights and protections of Georgia homeowners who are the most vulnerable.
This economic and housing crisis is not one of mortgage fraud, as much as it is one of foreclosure fraud. The original version of HB 237- while not saying "foreclosure fraud" directly - did allow for the AG to investigate "fraudulent real estate transactions.."
It's bad enough that the state via the much inflated AG Settlement took the money from the banksters in exchange for an agreement not to prosecute or to turn a blind eye to the massive injustices on GA citizens and then our Government decided without any consideration of it's citizens to use some of the money for purposes other than the relief it was intended for; now, to introduce and pass (Senate) legislation that hampers individual citizens filing suit is just too much!.
Non - Judicial Foreclosures violate every citizens right to due process. Currently mortgages in the state of Georgia are written with a "Waiver of Grantors Rights" clause that indicates the mortgagee waives their 5th and 14th amendment rights and if found to be in default they agree to Non-Judicial foreclosure. It is unconstitutional for citizens to have to waive their constitutional rights in order to purchase a home to reside in. If this "Waiver of Grantors Rights" notice and the Non- Judicial Foreclosures were to be eliminated as an option and stricken from the language in Georgia Mortgages, then Georgia Citizens would have stronger opportunities to be protected from fraudulent predatorial foreclosure practices that currently occur via U.S. mail and an announcement in the newspaper in the State of Georgia.
I urge you to sign this petition and contact your State Representative to protect the vulnerable citizens of Georgia from ongoing predatory mortgage practices and fraudulent foreclosures.
Please use your influence as a voter and a citizen, to stop this legislation and get it amended as well as introduce a Bill that would end Non-Judicial Foreclosures and Waiver of Grantors Rights Mortgage clauses.
Time is of essence..
Sincerely,
Retina Dawson