Detailed Discussion Of Globalist Monetary System Reform

Brisbane G20 Summit Photo
“Never allow a crisis to go to waste” or better yet, Create a crisis to officially declare an emergency to justify your power grabbing solution to a shocked and mass media blitzed, propagandized, captive audience of citizens…
So much has been revealed about the cultural engineering, black-ops, false flags, central bank financed wars, and hidden agendas of the global ruling elite’s use of policy makers in the various institutions that it is useful to revisit what should be widely known discussions of destructive agendas by policy makers.
Below is such a discussion that reviews much of our previous posts in a welcomed short single post.
The discussion below is similar to the many discussions we have had over the years about the false security solutions offered by institutions, and hope brought by the BRICS multipolar currency reform.
All of them are loyal obedient order followers, or untrustworthy, control freaks, career deception experts, Professional liars, and the exceptions are worse with horrific secrets…
1Beware bankers-what-nowRecall the key absence of abolishing fractional reserve banking and usury from the creation of currencies (money and financial paper), keep the speculative investment separate as was done in the past with the GlassSteagall Act, aka U.S. Banking Act of 1933.
The keys are that the individual must become aware and nurture her/his personal sovereignty by exercising their creative problem solving skills.
Stop relying on institutions, reject authority & institutional governance which is regulated abuses, despotic restrictions on your liberty and a matrix of legal fiction with Control, Fraud, and Threats.
Many thanks to Ken from RedefiningGod.com and others who share in the global dialogue. ~Ron
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1 Crime Lord_missionaccomplished

The Multilateral/Multipolar New World Order will seem like heaven… at first

Source: RedefiningGod.com

When the New World Order finally comes into full public view, it will look attractive and inviting…

peng

not ugly and scary…

Wicked_witch

Yesterday, a reader wrote me the following:

“I am optimistic that things aren’t as bad as they seem, because enough people are able to find their way out of the infantile drama you have portrayed, and the illuminati are simply tripping up as they flounder and we show their flailings about. We actually have a choice down the middle, and that is to clean up the corruption in the international financial system and take back our world. We will not have a one world currency. We will abolish legal tender laws, and use the world’s gold on deposit in the trust called the Global Debt Facility to replace paper currencies in each country with national currencies in aurum, putting the central banks into bankruptcy in the process.

Most of the shills you have portrayed in your blog have been trying to keep this from happening, but thanks to a very accurate power transition model from the Department of Defense, we know there is a 95% chance that the people in each country will be able to clean up their corrupt politicians who will be powerless to prevent the clean-up.”

I don’t know if the reader realized it or not, but what she wrote is actually a description of the New World Order. So upon reading it, I realized the need to explain what the NWO will look like when it’s unveiled, and to emphasize a critical point:

The globalists are in the process of running a problem / reaction / SOLUTION scam on us, not a problem / reaction / PROBLEM scam.

This means that when we reach the end result of this transition process, the NWO will look like the SOLUTION to all our problems, not another PROBLEM (such as a dark, scary fascist regime) we need to overcome. It will appear as though the corrupt have been defeated, World War 3 has been stopped, all regional conflicts have been resolved, biowarfare against the population has been halted, poverty has been alleviated, debt money has been abolished, secrets have been revealed, and so on and so forth. And the masses, after having been force-fed negativity and conditioned to expect a scary NWO for so long, are expected to be so overcome with joy that they’ll willingly embrace the New Order.

That’s how a problem / reaction / solution scam works when you’re using it to create a New Order for the entire planet: you intentionally create an overwhelming number of terrible problems, you make sure the public is fully aware of all those problems (by carpet-bombing their consciousness with mainstream and alternative media coverage of all the ills in the world), then you present them with the solution to all their problems (the NWO). In that final phase, you don’t present them with something ugly and scary; you give them something attractive and inviting. And once they have accepted it and come to depend on it, you start tightening the screws again.

In light of this, let’s have another look at the aforementioned reader’s expectations, one-by-one…

> We’ll “clean up the corruption in the international financial system.” This statement presupposes that the international financial system started out as something good and became corrupted, and such a view has no basis in reality. The international financial system was purpose-built as a slavery system by the International Central Banking Cabal. It cannot be “cleaned up” or “reformed” into something good any more than a meat grinder can be reformed into a cow uterus.

The international financial system IS corruption; it is corruption incarnate. We must simply walk away from it and build our own system of trade, starting at the local level with our own neighbors, then networking peer-to-peer until there is a true (decentralized) global community. If we don’t build our own financial system, we will use theirs by default, and then we’ll be stuck in yet another of their growth and harvest slavery cycles.

> “We will not have a one world currency.” Of course we won’t. The NWO plan does not call for a one world currency — at least not at first. It calls for national currencies which will be backed by a supranational reserve currency currently known as the SDR. Over time, the SDR will be expanded into more and more areas that are currently the domain of the national currencies. This process is expounded upon by future IMF Director and current Governor of the People’s Bank of China Zhou Xiaochuan in his speech titled “Reform the International Monetary System“…
zhourecs

As the SDR becomes more and more used as an alternative to national currencies, the globalists expect the people to embrace it on their own accord. The Economist explained this back in 1988 with an article titled Get ready for the phoenix
phoenix
….First off, “the natural forces that are pushing the world towards economic integration?” Ha! GMAFB. As for the rest of the passage, note how well it matches what China’s Zhou Xiaochuan said. The globalists have been planning this for a long time, and the BRICS are the key to making it look like “it’s different this time.”

> “We will abolish legal tender laws, and use the world’s gold on deposit in the trust called the Global Debt Facility to replace paper currencies in each country with national currencies in aurum, putting the central banks into bankruptcy in the process.”

To begin, who owns the bulk of world’s gold now? To answer this, you might ask yourself a few more questions: Who removed the gold backing from the world’s currencies, especially the dollar? Who then turned around and printed unlimited paper money to buy up as much of the world’s gold as they could get their hands on? Was it the “elite” or the people?

As for the central banks, they are mere paperwork constructs of the globalist bankster families, and they can be disposed of when they are no longer needed. As I explained in one of my old Event Watch updates (when speaking of Janet Yellen)…

>>> Later, she will be seen as making a mistake that causes the big implosion. In the aftermath, she and the Fed will be taken down and replaced by the Treasury in a “rejuvenated, Constitutionally-recentered Republic of the United States,” possibly under Ron Paul [or Rand Paul].

One must not forget that the central banks themselves, just like the regular banks and corporations, are expendable fronts for those who hold power behind the scenes. And after 100 years of bribing, blackmailing, and killing, the elite families’ Fed parasite has thoroughly subsumed the US Government host. They can now discard the Fed and operate directly from the completely captured federal government. <<<

The bottom line is this: regardless of how the new currencies are backed or who prints them, they are slave currencies. Because as long as a small “elite” get to decide how much currency will be circulated, who will receive it, and under what conditions it will be handed out, it remains a system of control. I think it better to devise our own local currencies / trading systems and leave the control freaks behind.

In closing, I’ll share some passages I wrote in my second blog about what the globalists will try to do when they roll out the new system (as well as how they’ll start clamping down on us afterwards). From Lightworkers, welcome to the Borg: Basel III and Total Financial Control

>>> It is through channelings and reports from “white hat” intelligence sources that the Cabal is telegraphing the solution phase of the problem/reaction/solution scenario they’re using to usher in their One World Financial System. And yesterday, the people behind the “Poof” information made an interesting admission about the “free money” that’ll be spread around after the financial reset…

“THE FUNDS THAT WILL BE IN THE ACCOUNTS WILL BE BASIL III COMPLIANT, AND UNTOUCHABLE UNLESS YOU WANT TO BUY A CONTAINERS OF AK-47S AND START A WAR…THEN YOU CAN KISS THE MONEY GOODBYE – IN ESSENCE, IF THE MONEY IS NOT SPENT FOR THE RIGHT REASONS, THEN EXPECT SANCTIONS”

In this passage, they are clearly admitting that they will be monitoring how you spend your money, and your access to it will be blocked if they don’t approve of what you’re doing. Of course, they give a good reason why this must be so: because it is essential to stop “terrorism.” But we all know by now that a terrorist is anyone who believes in freedom and opposes the rule of the few over the many. They always give a good public reason for increased control, don’t they? <<<

One thing I might point out about this passage is that the Poof/Zap disinfo clowns specifically mention that everything will be Basel III-compliant, and the Basel III rules were drawn up by the Basel Committee on Banking Supervision, which is headquartered in the Bank for International Settlements (BIS). If you want to know a little about the BIS and how it fits in to all this, have a look at this entry.

Continuing on…

>>> I’ve long warned of the dangers of transitioning to an all-electronic currency (with no cash or coins) because it would place control of our money into the hands of whoever controls the computers, but a new thought crossed my mind this morning: what if they imbed RFID chips in the cash and coins? With that thought in mind, I googled “rfid coins” and “rfid currency notes” and found out they’ve already been doing it [and they’re refining the technology all the time].

Now think about it for a moment…

> With most of your currency in electronic form at a Basel III-compliant bank (implemented to supposedly stop financial fraud), they can track and control it.

> With RFID chips embedded in your cash and coins (implemented to supposedly stop counterfeiting), it all becomes trackable and controllable.

> With RFID chips embedded in your consumer products (implemented to supposedly stop shoplifting), they all become trackable and controllable.

So this is how it will go down (if they are able to pull it off)…

> They will collapse the old system.

> They will launch the new system by handing out lots of money so people will gleefully accept it. (At this initial stage, they’ll probably block financial access to very few people, such as those trying to buy weapons.)

> Once everyone is dependent on the new system, they will start blocking money from more and more people for more and more reasons until all who remain are locked into a very small box of “elite”-approved behavior.

How will they lock out dissidents, you ask? By using RFID readers at cash registers, intersections, roadblocks, cell towers, etc., as well as in smart meters, cell phones, wireless portals, etc., they will track the movement and destination of all currency and goods. And if you are designated a persona non grata, your digital and physical cash, as well as your consumer products, will be seized for whatever reason they choose to invent. You will be unable to buy, sell, or barter in the mainstream economy.

Make no mistake: the new financial system being sold to the undiscerning elements of the awake and aware community is not of the True Light. It is just the new, improved version of Cabal control covered with a candy coating. <<<

Having said all this, I reiterate once again: any global solution (regardless of how great it might look on the surface) is a globalist solution. Accept it at your own risk.

For my next update, I plan on writing about the lady whose picture is at the top of this entry, China’s “First Lady” Peng Liyuan. She’s a crafty one, and I suspect she’ll be leading the charm offensive when they start openly promoting the NWO to the public.

Love always…

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RELATED:
https://ronmamita.wordpress.com/2012/07/14/how-to-carve-up-the-world-by-the-corbett-report/
https://ronmamita.wordpress.com/2012/08/13/breaking-us-marshals-expose-biggest-scandal-in-history-the-great-reckoning/
https://ronmamita.wordpress.com/2012/12/21/thoughts-to-question-and-ponder/
https://ronmamita.wordpress.com/2013/07/30/global-cabals-minions/
https://ronmamita.wordpress.com/2013/05/07/people-you-should-know/
https://ronmamita.wordpress.com/2013/05/27/quadrillion-banksters-global-institutional-crime/
https://ronmamita.wordpress.com/2014/08/25/cfr-article-the-west-to-blame-for-the-ukraine-must-rethink-its-policy-toward-the-russian-federation/
https://ronmamita.wordpress.com/2014/09/05/is-nato-falling-apart/
https://ronmamita.wordpress.com/2014/10/02/kill-the-messenger-movie-to-vindicate-gary-webbs-cia-drug-running-reporting/
https://ronmamita.wordpress.com/2014/10/16/conspiracy-watch-u-s-plunge-protection-team/
https://ronmamita.wordpress.com/2014/10/22/the-movie-even-mentioned-uploading-the-secrets-to-the-internet/
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Want Worldwide PEACE and Prosperity. We are the solution we have been searching for... Free People of Earth will solve our crisis and create an era of Creativity. Be at Peace; Be Aware; Be Creative; Be Active; Be Free and Alive; and then Share it. LOVE & Peace AMOR y Paz

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Posted in Freedom-Expressed
13 comments on “Detailed Discussion Of Globalist Monetary System Reform
  1. swo8 says:

    It is going to be interesting to see how this all works out. They will have to remove a lot of inequities or there is going to be massive unrest. We do like our freedom. That will be another tough one to take away.
    Leslie

    • RonMamita says:

      There are Royal bloodlines and hidden entities that believe in sacrificial rituals with their right to Rule over People. Indeed they glorify and fund war…
      With the above awareness I respect the quote below:

      You have to break a lot of eggs to make an omelet, and you have to lay down mountains of bodies and oceans of blood to impose a world government. Therein lies a problem for the globalists: after doing all the terrible things necessary to pressure the peoples of the world into your new order, how do you get them to accept it as the solution to all their problems instead of seeing it for what it really is (the source of all their problems)?
      You institute a change in management, that’s how.

      To make the change in management work requires an extensive perception management campaign.
      You must get people to invest all of their grievances into the existing management (the scapegoats) while simultaneously investing all of their hopes into the new management (the saviors).
      And once people see the scapegoats as the source of all evil and the saviors as the source of all good, the saviors must be seen to forcefully wrest control of the global government from the goats.
      If the handover of power were easy and orderly, it wouldn’t look as real to the people.

      From: http://redefininggod.com/2014/11/the-globalists-are-accelerating-the-rollout-of-their-new-financial-system/

      • swo8 says:

        I think there are a few too many of “US” around for that to transpire.
        Leslie

        • RonMamita says:

          If you mean by “US” the AWARE People on Earth, I wish for that to be correct.
          I am not sure of the percentage and numbers.
          A few things I am sure of:
          My personal experiences are alarming as I travel and witness the lack of awareness…
          Often I am pleasantly surprised at the interest and receptiveness by many in conversation with me as I present new information and resources for their follow-up research.

          I wish to live to see the day when financial corporations, governments, police and militaries have difficulty with the severe drought in public support and lack of employees.
          Yes, public distrust of institutions has risen significantly.
          I wish to see people quitting their corporate-government positions.
          I do not wish to see a repeat World War II (WWII) with a effective military draft and the most wealthy nations destroying each other.

          The sad fact is a world war already exist today, it has not escalated to the levels mentioned above… yet.
          P2P network technologies need to be more widely used by the People, as this decentralization of power will be an effect of the People and their communities reclaiming their personal sovereignty and free will!
          I forecast social unrest and institutional (bank funded governments’ police & military) armed martial law to subjugate their slaves, err… citizens.
          Hopefully that will avoided…

  2. The reader comment you quote is quite revealing. Either this person is incredibly naive to place their faith in the DOD to solve the problem or they’re some kind of intelligence troll.

    • RonMamita says:

      I agree with you, I suspect it was a troll.
      However the text was written by Ken at http://redefininggod.com/

      There are many blogging insightful and researched information about the central bankers’ planned monetary reform the usual mouthpieces is either Christine Lagarde or BRICS.

      That is asking the predatory foxes to guard the hen house and naively expecting the hens to survive.
      We must continue to point out that we do not accept the institutional criminals to implement their self reform policies and expect the results to be good for us and future generations.

      Another good researcher is JC, see his interesting report: http://philosophyofmetrics.com/2014/11/25/the-tail-of-the-dragon/

  3. RonMamita says:

    First direct China-Spain freight train arrives in Madrid
    by Staff Writers
    Madrid (AFP) Dec 09, 2014

    The first freight train to link China directly to Spain arrived in Madrid on Tuesday after covering over 13,000 kilometres (8,000 miles) in a test run of a planned regular service between the two nations.

    The train departed Yiwu in eastern China, a major wholesale centre for small consumer goods, on November 18 and passed through Kazakhstan, Russia, Belarus, Poland, Germany, and France during its 21-day trip.

    The newly operational route is the longest railway route in the world, longer still than Russia’s famous Transsiberian railway linking Moscow to Vladivostok near Russia’s border with China.

    The journey time was over ten days shorter than if the goods transported by the train had been shipped by sea, Spain’s public works ministry said.

    The train’s 40 shipping containers transported goods made in Zhejiang province, including spinning tops for children and cutting tools. The train will return to China with wine, olive oil and cured ham.

    Speaking a ceremony in Madrid, Li Qiang, the governor of China’s Zhejiang province where Yiwu is located, said the route was important to “implement the strategy of developing a new ‘silk road'”.

    China has a regular direct freight train service to Germany, Europe’s largest economy.

    One route links the Chinese megacity of Chongqing to Duisburg, a steel-making town and one of Germany’s most-important transportation and commercial hubs.

    The other route links Beijing, the Chinese capital, to Hamburg, Germany’s second-largest city.

    The plan is to create a similar regular route between China and Spain, Spanish Public Works Minister Ana Pastor told reporters after the train arrived at a logistical centre near Madrid’s main railway station.

    The Spanish capital already is “a European and international distribution hub” with good links to both Africa and Latin America, she said.

    Euro Cargo Rail, a subsidiary of German freight operator DB Shenker Rail, is studying the possibility of starting a regular service between China and Spain during the first half of next year with two monthly trips.

    Roughly 80 percent of global trade is shipped by boat as freight train service faces several technical and bureaucratic hurdles which vary according to country.

    The goods on the train which arrived in Madrid for example had to be transferred to different wagons at three points during the trip because of incompatible track gauges in different countries.

    But rail transport is less expensive, more environmentally friendly and faster than maritime shipping, according to DB Shenker Rail.

    China is the European Union’s biggest source of imports, according to the European Commission.

  4. RonMamita says:

    BAP Panel Raises the Stakes Against Deutsch et al — Secured Status May be Challenged

    Fur Further Information please call 954-495-9867 or 520-405-1688

    ——————————–

    ALERT FOR BANKRUPTCY LAWYERS — SECURED STATUS OF ALLEGED CREDITOR IS NOT TO BE ASSUMED

    ——————————–

    I have long held and advocated three points:

    1. The filing of false claims in the nonjudicial process of a majority of states should not result in success where the same false claims could never be proven in judicial process. Nonjudicial process was meant as an administrative remedy to foreclosures that were NOT in dispute. Any application of nonjudicial schemes that allows false claims to succeed where they would fail in a judicial action is unconstitutional.
    2. The filing of a bankruptcy petition that shows property to be encumbered by virtue of a deed of trust is admitting a false representation made by a stranger to the transaction. The petition for bankruptcy relief should be filed showing that the property is not encumbered and the adversary or collateral proceeding to nullify the mortgage and the note should accompany each filing where the note and mortgage are subject to claims of securitization or a “new” beneficiary.
    3. The vast majority of decisions against borrowers result from voluntary or involuntary waiver, ignorance and failure to plead or object on the basis of false claims based on false documentation. The issue is not the signature (although that probably is false too); rather it is (a) the actual transaction which is missing and the (b) false documentation of a (i) fictitious transaction and (ii) fictitious transfers of fictitious (and non-fictitious) transactions. The result is often that the homeowner has admitted to the false assertion of being a borrower in relation to the party making the claim, admitting the secured status of the “creditor”, admitting that they are a creditor, admitting that they received a loan from within the chain claimed by the “creditor”, admitting the default, admitting the validity of the note and admitting the validity of the mortgage or deed of trust — thus leaving both the trial and appellate courts with no choice but to rule against the homeowner. Thus procedurally a false claim becomes “true” for purposes of that case.

    see 11/24/14 Decision: MEMORANDUM-_-ANTON-ANDREW-RIVERA-DENISE-ANN-RIVERA-Appellants-v.-DEUTSCHE-BANK-NATIONAL-TRUST-COMPANY-Trustee-of-Certificate-Holders-of-the-WAMU-Mortgage-Pass-Through-Certificate-Series-2005-AR6

    This decision is breath-taking. What the Panel has done here is fire a warning shot over the bow of the California Supreme Court with respect to the APPLICATION of the non-judicial process. AND it takes dead aim at those who make false claims on false debts in both nonjudicial and judicial process. Amongst the insiders it is well known that your chances on appeal to the BAP are less than 15% whereas an appeal to the District Judge, often ignored as an option, has at least a 50% prospect for success.

    So the fact that this decision comes from the BAP Panel which normally rubber stamps decisions of bankruptcy judges is all the more compelling. One word of caution that is not discussed here is the the matter of jurisdiction. I am not so sure the bankruptcy judge had jurisdiction to consider the matters raised in the adversary proceeding. I think there is a possibility that jurisdiction would be present before the District Court Judge, but not the Bankruptcy Judge.

    From one of my anonymous sources within a significant government agency I received the following:

    This case is going to be a cornucopia of decision material for BK courts nationwide (and others), it directly tackles all the issues regarding standing and assignment (But based on Non-J foreclosure, and this is California of course……) it tackles Glaski and Glaski loses, BUT notes dichotomy on secured creditor status….this case could have been even more , but leave to amend was forfeited by borrower inaction—– it is part huge win, part huge loss as it relates to Glaski, BUT IT IS DIRECTLY APPLICABLE TO CHASE/WAMU CASES……….Note in full case how court refers to transfer of “some of WAMU’s assets”, tacitly inferring that the court WILL NOT second guess what was and was not transferred………… i.e, foreclosing party needs to prove this!!

    AFFIRMED- NO SECURED PARTY STATUS FOR BK PROVEN

    Even though Siliga, Jenkins and Debrunner may preclude the

    Riveras from attacking DBNTC’s foreclosure proceedings by arguing

    that Chase’s assignment of the deed of trust was a nullity in

    light of the absence of a valid transfer of the underlying debt,

    we know of no law precluding the Riveras from challenging DBNTC’s assertion of secured status for purposes of the Riveras’ bankruptcy case. Nor did the bankruptcy court cite to any such law.

    We acknowledge that our analysis promotes the existence of two different sets of legal standards – one applicable in nonjudicial foreclosure proceedings and a markedly different one for use in ascertaining creditors’ rights in bankruptcy cases.

    But we did not create these divergent standards. The California legislature and the California courts did. We are not the first to point out the divergence of these standards. See CAL. REAL EST., at § 10:41 (noting that the requirements under California law for an effective assignment of a real-estate-secured obligation may differ depending on whether or not the dispute over the assignment arises in a challenge to nonjudicial foreclosure proceedings).
    We must accept the truth of the Riveras’ well-pled
    allegations indicating that the Hutchinson endorsement on the
    note was a sham and, more generally, that neither DBNTC nor Chase
    ever obtained any valid interest in the Riveras’ note or the loan
    repayment rights evidenced by that note. We also must
    acknowledge that at least part of the Riveras’ adversary
    proceeding was devoted to challenging DBNTC’s standing to file
    its proof of claim and to challenging DBNTC’s assertion of
    secured status for purposes of the Riveras’ bankruptcy case. As
    a result of these allegations and acknowledgments, we cannot
    reconcile our legal analysis, set forth above, with the
    bankruptcy court’s rulings on the Riveras’ second amended
    complaint. The bankruptcy court did not distinguish between the
    Riveras’ claims for relief that at least in part implicated the
    parties’ respective rights in the Riveras’ bankruptcy case from
    those claims for relief that only implicated the parties’
    respective rights in DBNTC’s nonjudicial foreclosure proceedings.

    THEY REJECT GLASKI-

    Here, we note that the California Supreme Court recently

    granted review from an intermediate appellate court decision
    following Jenkins and rejecting Glaski. Yvanova v. New Century
    Mortg. Corp., 226 Cal.App.4th 495 (2014), review granted &
    opinion de-published, 331 P.3d 1275 (Cal. Aug 27, 2014). Thus,
    we eventually will learn how the California Supreme Court views
    this issue. Even so, we are tasked with deciding the case before
    us, and Ninth Circuit precedent suggests that we should decide
    the case now, based on our prediction, rather than wait for the
    California Supreme Court to rule. See Hemmings, 285 F.3d at
    1203; Lewis v. Telephone Employees Credit Union, 87 F.3d 1537,
    1545 (9th Cir. 1996). Because we have no convincing reason to
    doubt that the California Supreme Court will follow the weight of
    authority among California’s intermediate appellate courts, we
    will follow them as well and hold that the Riveras lack standing
    to challenge the assignment of their deed of trust based on an
    alleged violation of a pooling and servicing agreement to which
    they were not a party.

    BUT……… THEY DO SUCCEED ON SECURED STATUS

    Even though the Riveras’ first claim for relief principally

    relies on their allegations regarding the assignment’s violation
    of the pooling and servicing agreement, their first claim for
    relief also explicitly incorporates their allegations challenging
    DBNTC’s proof of claim and disputing the validity of the
    Hutchinson endorsement. Those allegations, when combined with
    what is set forth in the first claim for relief, are sufficient
    on their face to state a claim that DBNTC does not hold a valid
    lien against the Riveras’ property because the underlying debt
    never was validly transferred to DBNTC. See In re Leisure Time
    Sports, Inc., 194 B.R. at 861 (citing Kelly v. Upshaw, 39 Cal.2d
    179 (1952) and stating that “a purported assignment of a mortgage
    without an assignment of the debt which it secured was a legal
    nullity.”).
    While the Riveras cannot pursue their first claim for relief
    for purposes of directly challenging DBNTC’s pending nonjudicial
    foreclosure proceedings, Debrunner, 204 Cal.App.4th at 440-42,
    the first claim for relief states a cognizable legal theory to
    the extent it is aimed at determining DBNTC’s rights, if any, as
    a creditor who has filed a proof of secured claim in the Riveras’
    bankruptcy case.

    TILA CLAIM UPHELD!—–

    Fifth Claim for Relief – for violation of the Federal Truth In Lending Act, 15 U.S.C. § 1641(g)

    The Riveras’ TILA Claim alleged, quite simply, that they did
    not receive from DBNTC, at the time of Chase’s assignment of the
    deed of trust to DBNTC, the notice of change of ownership
    required by 15 U.S.C. § 1641(g)(1). That section provides:
    In addition to other disclosures required by this
    subchapter, not later than 30 days after the date on
    which a mortgage loan is sold or otherwise transferred
    or assigned to a third party, the creditor that is the
    new owner or assignee of the debt shall notify the
    borrower in writing of such transfer, including–

    (A) the identity, address, telephone number of the new

    creditor;

    (B) the date of transfer;

     

    (C) how to reach an agent or party having authority to

    act on behalf of the new creditor;

    (D) the location of the place where transfer of

    ownership of the debt is recorded; and

    (E) any other relevant information regarding the new

    creditor.

    The bankruptcy court did not explain why it considered this claim as lacking in merit. It refers to the fact that the
    Riveras had actual knowledge of the change in ownership within
    months of the recordation of the trust deed assignment. But the
    bankruptcy court did not explain how or why this actual knowledge
    would excuse noncompliance with the requirements of the statute.
    Generally, the consumer protections contained in the statute
    are liberally interpreted, and creditors must strictly comply
    with TILA’s requirements. See McDonald v. Checks–N–Advance, Inc.
    (In re Ferrell), 539 F.3d 1186, 1189 (9th Cir. 2008). On its
    face, 15 U.S.C. § 1640(a)(2)(A)(iv) imposes upon the assignee of
    a deed of trust who violates 15 U.S.C. § 1641(g)(1) statutory
    damages of “not less than $400 or greater than $4,000.”
    While the Riveras’ TILA claim did not state a plausible
    claim for actual damages, it did state a plausible claim for
    statutory damages. Consequently, the bankruptcy court erred when
    it dismissed the Riveras’ TILA claim.

    LAST, THEY GOT REAR ENDED FOR NOT SEEKING LEAVE TO AMEND

    Here, however, the Riveras did not argue in either the bankruptcy court or in their opening appeal brief that the court should have granted them leave to amend. Having not raised the issue in either place, we may consider it forfeited. See Golden v. Chicago Title Ins. Co. (In re Choo), 273 B.R. 608, 613 (9th Cir. BAP 2002).

    Even if we were to consider the issue, we note that the

    bankruptcy court gave the Riveras two chances to amend their
    complaint to state viable claims for relief, examined the claims
    they presented on three occasions and found them legally
    deficient each time. Moreover, the Riveras have not provided us
    with all of the record materials that would have permitted us a
    full view of the analyses and explanations the bankruptcy court
    offered them when it reviewed the Riveras’ original complaint and
    their first amended complaint. Under these circumstances, we
    will not second-guess the bankruptcy court’s decision to deny
    leave to amend. See generally In re Nordeen, 495 B.R. at 489-90
    (examining multiple opportunities given to the plaintiffs to
    amend their complaint and the bankruptcy court’s efforts to
    explain to them the deficiencies in their claims, and ultimately
    determining that the court did not abuse its discretion in
    denying the plaintiffs leave to amend their second amended
    complaint).

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The Worldwide Wave of Action
Peaceful Global TransitionApril 4th, 2014
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