Global Voice 2012 - Evening with Richard Gilbert

 Sent: Tuesday, September 4, 2012 5:41 PM

Subject: Fw: Global Voice 2012 - Evening with Richard Gilbert

Outline of tonight's show

"The greatness of a nation and its moral progress can be judged by the way its animals are treated"

 ~ Mahatma Gandhi

 

----- Forwarded Message -----
Sent: Tuesday, September 4, 2012 4:32 PM
Subject: Global Voice 2012 - Evening with Richard Gilbert

As a recap of previous discussions in preparation

for the radio call with Attorney Richard Gilbert

this evening on Global Voice Radio 2012 . . .

below are the (6) Topic Areas to be covered with

Richard (he is familiar with all):

1)  Current status and future potential impact

     of Present Delegate Lawsuit now in Federal Appeals Court

     (filed against RNC for corruption in Primary Elections)

2)  Recent Republican National Convention corruption

     (and impact on current lawsuit, and all Americans)

3)  Romney eligibility and alleged "felony" campaign solicitations

     and acceptance of "Foreign" campaign donations (Israel & Europe)

4)  Romney and potential felony connections to convicted felon and

     alleged ex-partner Alan Stanford - who was convicted in June to a

     111 Year prison sentence for running a multi-billion dollar ponzi 

     scheme (bilking investors out of billions).  Romney alleged to have

     been intimately involved with his son Tagg Romney.

5)  Possiblity of Ron Paul being able to run independently in all 50 States

     as an Independent or possible Paul/Johnson ticket.

6)  Romney eligibility to be President - rumors his father was a Mexican 

     national when Romney was born.  Same holds true for Obama.

Question 6 discussion can lead directly (if time permits) into Q&A from

audience (in interest of time, will only take written questions via chat room...)

Ben Berna(n)ke Plots More Mayhem?

The Rumor Mill News Reading Room 

Ben Berna(n)ke Plots More Mayhem?

Posted By: Lion [Send E-Mail]
Date: Tuesday, 4-Sep-2012 20:45:13

----------------- Ah...the berna(n)ke - the 16 trillion 'dollar' fiat droid. Like a bad penny, it just keeps popping up at the wrong time - which only happens to be any time it pops up. But remember; the berna(n)ke fiat droid is only acting on programing from the greenspan fiat droid, who acts on behalf of the rothschild fiat droid, the queen fiat droid, and the other fiat droids from The City. Is gold money, Ben? Is silver money, Ben? The real people of the world were having a picnic, on a beautiful sunny day. Along came swarms of fiat droid mosquitoes, and ruined the whole picnic. Time for the lead filled mosquito swatter. I'm a real person, and I don't like mosquitoes interrupting my picnic. Lion ---------------- Source: Daily Bell http://www.thedailybell.com/4237/Anthony-Wile-Ben-Bernanke-Plots-More-Mayhem Editorial Ben Bernanke Plots More Mayhem? Saturday, September 01, 2012 – by Anthony Wile Anthony Wile Hasn't he done enough? Apparently not. Meeting at an annual Jackson Hole central banking get-together, Federal Reserve chairman Ben Bernanke apparently announced his determination to continue to print money, thus further debasing the value of the dollar in his quixotic quest to save it. Here's how AP reported on Bernanke's apparent intentions: Chairman Ben Bernanke sent a clear message Friday that the Federal Reserve will do more to help the still-struggling U.S. economy ... He stopped short of committing the Fed to any specific move. But in his speech to an annual Fed conference in Jackson Hole, Wyo., Bernanke said that even with interest rates already at super-lows, the Fed can do more ... Some economists predict the Fed will unveil some bold new step as soon as its Sept. 12-13 meeting, possibly a third round of bond purchases meant to lower long-term interest rates and encourage more borrowing and spending. That policy is called "quantitative easing," or QE. Lord, save us from more such solutions! The economy needs to unwind, not be further puffed up by unnecessary and ineffective money printing. Bernanke has been at this five years. These policies don't work. Unemployment in the US is somewhere between 20 and 30 percent. Tens of millions have lost homes and jobs. The real rate of return adjusted for inflation is something like negative two percent. Those who have savings have lost them. Those who held stocks in the 2000s have not benefitted. Those who expected an end to the recession have not experienced it. The Fed, like other central banks, has been printing endless torrents of paper money. But much of that money has remained trapped in banks because the Fed has insisted on paying 0.2 percent interest approximately on the funds. In an economy like this one where business is uncertain and regulation makes it difficult to create a genuinely successful startup, banks are apt to take the two percent rather than lend. And so money doesn't circulate and the velocity doesn't pick up. Of course, there are plenty of private methodologies of business funding but these are not expanding, either, in the current environment. Animal spirits are apparently at an all-time low, in the modern era anyway. And it is not just America. There is a great deal of trouble in Europe with joblessness. And the BRICs, the world's great hope for recovery, are struggling with various levels of price inflation. They, too, have printed too much. A Keynesian analysis of what's gone wrong would not yield up much of an explanation because Keynes doesn't tend to deal with underlying problems, only with "solutions." And Keynes's solution was to suggest central bank money printing followed by government pump priming. It didn't matter WHAT kind of job was created so long as a job was pro-offered via government programs. In the 1930s millions were put to work building walls and painting bridges. But there was little "recovery" until AFTER World War II, when the US and to a lesser extent Britain found themselves presiding over the shards of a ruined world economy. The two countries dominated this economy with a tough, skilled work force and joblessness began to climb down. But this didn't solve the biggest problem of all, which was that money was still being driven by monopoly, fiat central banking. Over time, money printing is a most corrosive enterprise. In a normal economy where central bankers don't interfere with money stuff, currency competition and especially the circulation of gold and silver can provide a governor for economic activity. The volume of money is regulated, in other words, by how much the market will bear. But in a fiat environment there is no limit to how much money can be printed. And people will always print too much. Human nature. With so much money pouring into the marketplace, it is not long before the market grows distorted. Every corner has a fast-food restaurant; every alley provides a computer store; every highway off-ramp presents a sprawling car dealership. Bigness reigns. Fiat money is the lifeblood of corporatism. Large corporations, in fact, are a lot like government. They don't work very well. But torrents of fiat money cover up a plethora of sins. And when the trans-national business sector founders, central banks and government facilities ride to the rescue with yet more torrents of money. During 2009, the Fed printed US$16 trillion in quickie loans and spread them around the world. The justification was that the Fed was "saving" the financial system. But whom does the system actually benefit? The modern world economy is entirely a false one. Just as no one knows what a certain kind of bodybuilder would look like without steroids, so we have no idea what a normal economy would look like without monopoly fiat money. We can speculate, of course. The state itself would not be nearly so expansive. Nor would there be money to fund endless wars. Society would be more agrarian, less consumerist and its industrial endeavors would be more modest. Knowledge would shine because it would not be stifled by state-run universities. Parents would live with children instead of in senior citizen mills. The legal industry would be less ubiquitous; the penal-industrial system would be found insupportable. Contrast this with the bloated bigness we have today. Every part of Western society suffers from clumsy gigantism. Puffed up by fiat money, incompetence, conspiracy and brutality are increasingly the order of the day. This is the system Bernanke and his fellow central bankers are dedicated to "saving." Once we would have thought it was normal. No more. The information and insight provided by what we call the Internet Reformation inevitably informs us that modern monetary enterprise is NOT worth saving. They are doing it for themselves, not for us. It is their system, not ours. Even more malevolently, what the powers-that-be see as salvage is actually intended to further degrade the system. The power elite wants world government and the easiest way to get it is to continually ruin the economy while squeezing the middle class via inflation and joblessness until people are willing to accept ANY solution to remove the pain, even world government. It really is a clever system, and one that allows central bankers to pretend to be saviors of the civilized world even as their incessant money printing continually ruins and centralizes what is left of the global economy. AP writers, reporting on Bernanke's speech, explained that Bernanke assessed the economy's weaknesses, defended the extraordinary steps the Fed has taken to date and insisted it can do more. Sounds something like a threat.

WSI Delivers – Valerie Jarrett Exposed – By New York Times

by Ulsterman on September 2, 2012

For over two years, a longtime White House Insider declared Valerie Jarrett – largely unknown by the American public, as the “de-facto president” inside the Obama White House who controls nearly all critical aspects of the Obama administration from her second floor office just a short walk from President Obama’s private second floor study.  More recently, our longtime Wall Street Insider promised Jarrett’s flying under the radar days to be over.  It appears as they have done so many times before, WSI has delivered big time on that promise.

(WIDE-RANGING DUTIES Valerie Jarrett, right, on her way to Air Force One, is President Obama’s chief liaison to business, state and local governments and the political left.)
EXCERPT:

The Other Power in the West Wing

…From the first, her official job has been somewhat vague. But nearly four years on, with Mr. Obama poised to accept his party’s renomination this week, her standing is clear, to her many admirers and detractors alike. “She is the single most influential person in the Obama White House,” said one former senior White House official, who like many would speak candidly only on condition of anonymity.
…Mr. Obama’s first two chiefs of staff, Rahm Emanuel and Mr. Daley, clashed with Ms. Jarrett over strategic direction and over who had greater authority to interpret and carry out the president’s wishes, several officials said.
“He’s got a real mess in the West Wing,” said one close presidential adviser. “Valerie is effectively the chief of staff, and he knows, but he doesn’t know. She’s almost like Nancy Reagan was with President Reagan, but more powerful.”
…She serves as the front door to the donors who helped elect the president, reviewing guest lists to White House parties and candidates for patronage positions. But she has snubbed some early supporters, among them the financier George Soros, ignoring his pleas for a substantive meeting on the economy with the president. The message she delivered, according to one person familiar with the exchanges, was that she felt Mr. Soros was “already on the team, and that while he might want to talk to the captain, the captain was very busy.”
Mr. Soros, who has spent tens of millions of dollars on Democratic candidates and causes, is largely sitting on the sidelines this presidential election.
…And Ms. Jarrett has added another role to her portfolio, traveling to swing states to campaign, sometimes at Mr. Obama’s side.
“Homestretch,” she keeps telling him.
“Homestretch?” he’ll reply.
“Yes, almost there,” she says. “We’ve just got the convention, then three debates.”   LINK
__________________
THAT last line of the NYT article brings home something WHI made note of months ago – Valerie Jarrett is driving Barack Obama to the point of breaking him if need be – the investors in this administration demand a return on investment.  She will do all she can to make good on that payment.
And it is that determination that makes her, and thus by default the Obama administration – so dangerous to America.   -UM
http://theulstermanreport.com/2012/09/02/wsi-delivers-valerie-jarrett-exposed-by-new-york-times/

The Truth About Who’s Responsible For The Explosion In Government Spending Henry Blodget | Sep. 2, 2012, 7:09 AM Source: Business Insider The economy is the biggest issue in this year’s election. And when you mention anything about the growth in federal government spending that has led to the US’s huge debt, deficit, and debt-ceiling problem, fans of both political teams immediately begin shouting at each other. Republicans howl that the whole problem is the fault of President Obama, the “community organizer” who exploded federal government spending the moment he took office. Democrats, meanwhile, blame massive increase in federal government spending during the “MBA president” Bush years and the triumphant assertions by Republicans during those years that “deficits don’t matter.” So, what’s the truth? They’re both right. And wrong. Federal government spending has risen under President Obama, mostly because of the $800 billion stimulus designed to offset the massive recession he inherited from President Bush. But the increase in federal spending under Obama so far is dwarfed by the colossal increase under President Bush. Don’t believe it? Let’s go to the chart. Here’s Federal Expenditures from 2000-2012 from the St. Louis Fed: Business Insider, St. Louis Fed As you can see, from 2000 to 2008, under President Bush, Federal spending rose by $1.3 trillion, from ~$1.9 trillion a year to $3.2 trillion a year. From 2009 to 2012, meanwhile, under President Obama, federal spending has risen by $600 billion, from $3.2 trillion a year to $3.8 trillion a year. In other words, federal government spending under President Bush increased 2X as much as it has under President Obama. Now, Republicans will correctly point out that Obama has been in office less than half as long as Bush. If Obama stayed in office for another four years, and the rate of spending growth continued on exactly the same pace, the increase in federal spending under Obama would come close to the increase under Bush. It would still be smaller, however. Also, as a glance at the chart shows, the rate of spending increases under Obama has flattened, which never happened under Bush. Of course, it’s also worth noting that Congress has a lot to do with this. And so do our huge entitlement programs, which grow and grow and grow no matter what Congress and the President do. Also, there’s no use crying over spilt milk. What matters now is what happens next. And the key is to strike the right balance between maintaining or growing spending now, while the rest of the economy is week, and trimming the growth later, to get the deficit under control. Now Read: The Truth About Who’s Responsible For Our Massive Budget Deficit Related articles Paul Ryan’s votes created $6.8 trillion in deficits under Bush (deathandtaxesmag.com) Paul Ryan wages war on facts – The Star-Ledger – NJ.com (blog) (nj.com) Dwell in possibility.  ~ Emily Dickinson

Read The Top and line 50 and 51 this in Ohio

BANK OF NEW YORK MELLON v. ROARTY, 2012 Ohio 1471 – Ohio: Court of Appeals | “In this case, however, the Note and the Mortgage were separated”

Posted on03 September 2012.

2012 Ohio 1471

BANK OF NEW YORK MELLON, PLAINTIFF-APPELLEE,
v.
RHONDA ROARTY, et al., DEFENDANTS-APPELLANTS.

No. 10-MA-42.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: March 26, 2012.

Attorney Andrew C. Clark, Attorney Edward M. Kochalski, P.O. Box 165028, Columbus, Ohio 43216-5028, for Plaintiff-Appellee.

Attorney Bruce M. Broyles, 164 Griswold Drive, Boardman, Ohio 44512, for Defendant-Appellant.
Gene Donofrio, Joseph J. Vukovich, Cheryl L. Waite, Judges.

OPINION

DONOFRIO, J.
{¶ 1} Defendants-appellants, Rhonda and Mark Roarty, appeal from a Mahoning County Common Pleas Court judgment granting summary judgment in favor of plaintiff-appellee, The Bank of New York Mellon, on appellee’s foreclosure complaint.
{¶ 2} On October 3, 2003, Rhonda executed and delivered a Promissory Note (Note) to Novastar Mortgage, Inc. (Novastar). The Note was secured by a mortgage on the property located at 2683 Morningside Place (Mortgage). The Mortgage was executed by appellants and delivered on the same day to Mortgage Electronic Registration Services, Inc. (MERS) as a nominee for Novastar.
{¶ 3} The Note was sold to Novastar Mortgage Funding Trust, Series 2003-4. Novastar indorsed the Note in blank and transferred possession to the trustee, JP Morgan Chase Bank. Appellee succeeded JP Morgan as trustee on October 31, 2007.
{¶ 4} Appellee filed a foreclosure complaint against appellants on May 1, 2009, asserting that Rhonda had defaulted on the Note and that appellants owed $194,083.50, plus interest.
{¶ 5} Appellee subsequently filed a motion for summary judgment. It alleged that there was no genuine issue of material fact: Rhonda defaulted on the Note and Mortgage; it sent her a Notice of Default; the default was not cured; the Note was accelerated; and it had not received any payment since December 2007. Appellants opposed the motion asserting that there were genuine issues of material fact surrounding the service of the default notice, appellee’s standing to bring the foreclosure action, violations of the Truth in Lending Act, the balance due on the Note, and appellee’s “unclean hands.”
{¶ 6} The trial court, finding no genuine issues of material fact, granted appellee’s summary judgment motion.
{¶ 7} Appellants filed a timely notice of appeal on March 3, 2010. Upon appellants’ motion, the trial court issued a stay of its order pending this appeal as long as appellants posted a supersedeas bond.
{¶ 8} After the appeal was filed, this matter was stayed for some time due to bankruptcy proceedings. The bankruptcy stay has now been lifted.
{¶ 9} Initially, we must address a motion to strike filed in this court by appellee. Appellee asks us to strike portions of appellants’ brief, arguing that appellants raise new issues with this court that they failed to raise in the trial court. Specifically, appellee contends that appellants failed to argue in the trial court (1) that certified mail is not first class mail for purposes of sending notices under the Note and Mortgage and (2) that the Note and Mortgage were intentionally separated at their conception and that the presumption that the mortgage follows the note is inapplicable.
{¶ 10} In fact, however, appellants raised these arguments in their reply to plaintiff’s motion for summary judgment. Appellants specifically argued that appellee failed to comply with the terms of the Note and Mortgage in delivering the notice of default, i.e., “There is an issue in this case as to service of the notice of default,” “there is also no evidence the notice was received, by anyone, as the certified mail return receipt shows no receipt signature.” (Def. Reply to S.J.). And appellants attached Rhonda’s affidavit stating that she never received the notice. (Def. Reply to S.J., Ex. D-3, ¶19). Additionally, appellants argued, “there is an issue in this case as to whether the Plaintiff has standing to bring this action” and “the Plaintiff has produced NO evidence that it was the holder of the note and mortgage at the time the complaint was filed.” (Def. Reply to S.J.). These arguments in the trial court sufficiently preserved the issues for appeal.
{¶ 11} Thus, we must overrule appellee’s motion to strike.
{¶ 12} Turning now to the merits, appellants raise a single assignment of error, which they break down into four issues. The assignment of error states:
{¶ 13} “THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO APPELLEE WHEN THERE WERE GENUINE ISSUES OF MATERIAL FACT STILL IN DISPUTE.”
{¶ 14} In reviewing a trial court’s decision on a summary judgment motion, appellate courts apply a de novo standard of review. Cole v. Am. Industries & Resources Corp., 128 Ohio App.3d 546, 552, 715 N.E.2d 1179 (1998). Thus, we shall apply the same test as the trial court in determining whether summary judgment was proper. Civ.R. 56(C) provides that the trial court shall render summary judgment if no genuine issue of material fact exists and when construing the evidence most strongly in favor of the nonmoving party, reasonable minds can only conclude that the moving party is entitled to judgment as a matter of law. State ex rel. Parsons v. Flemming, 68 Ohio St.3d 509, 511, 628 N.E.2d 1377 (1994). A “material fact” depends on the substantive law of the claim being litigated. Hoyt, Inc. v. Gordon & Assoc., Inc., 104 Ohio App.3d 598, 603, 662 N.E.2d 1088 (1995), citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248, 106 S.Ct. 2505 (1986).
{¶ 15} Appellants’ first issue asks:
{¶ 16} “Whether Appellee satisfied the condition precedent by providing Appellants with Notice of Acceleration.”
{¶ 17} Appellants contend that appellee failed to provide them with a proper notice of acceleration. They claim that the February 18, 2008 Notice of Default (Notice), which appellee attached to its summary judgment affidavit, created a genuine issue of material fact. Appellants assert there is no evidence that the Notice was ever sent or delivered.
{¶ 18} Section 15 of the Mortgage, titled “Notices,” provides in part:
{¶ 19} “All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower’s notice address if sent by other means.”
{¶ 20} Appellants assert that the Notice was not sent by first class mail. If it was sent, they argue, it was sent by certified mail. Further, appellants claim that appellee only provided evidence that one attempt was made to deliver the Notice, not that delivery was successful. In addition, appellants cite to Rhonda’s affidavit stating that she never received the Notice.
{¶ 21} Because appellee failed to comply with the terms of the Mortgage and because notice of default is a condition precedent to filing a foreclosure complaint, appellants contend that summary judgment was not proper.
{¶ 22} As brought to our attention by appellee, the Note provides three instances where notice is mandatory: (1) “the Note Holder will deliver or mail me a notice of any changes in my adjustable interest rate * * * before the effective date of any change” (Note ¶4); (2) “[a]ny notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder” (Note ¶8); and (3) “any notice that must be given to me [the borrower] under this Note will be given by delivering it or by mailing it by first class mail to me” (Note ¶8). (Emphasis added.)
{¶ 23} Unlike the above language, the language of the acceleration clause is not mandatory:
{¶ 24} “If I (Borrower) am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.” (Note ¶7(C); Emphasis added.)
{¶ 25} Appellee argues that the language of the acceleration clause is discretionary, as opposed to mandatory. While this is true, appellee places the emphasis in the wrong place. Instead of meaning that the lender has the option of whether or not to send a notice of default to the borrower, this paragraph means that it is at the lender’s discretion whether or not to require the borrower to immediately pay the full amount of the loan plus interest. At best, this language is ambiguous and must be construed in appellant’s favor. Allason v. Gailey, 189 Ohio App.3d 491, 2010-Ohio-4952, at ¶33.
{¶ 26} Moreover, Paragraph 8 of the Note is titled “GIVING OF NOTICES.” Thus, this paragraph governs the giving of all notices in regard to the Note. It does not make sense that the “GIVING OF NOTICES” paragraph would apply to all notices under the Note except for those notices under the acceleration clause. And Paragraph 8 provides that notice will be given “by delivering it or by mailing it by first class mail.”
{¶ 27} Per the above quoted terms of the Note, when appellee chose to accelerate payment, it was required to give appellants notice of default and acceleration by first class mail or by actual delivery. Thus, we must move on to determine whether appellee complied with the notice provisions prior to accelerating the balance due on the Note.
{¶ 28} In Natl. City Mortg. Co. v. Richards, 182 Ohio App.3d 534, 2009-Ohio-2556, the Tenth District faced a nearly identical situation. In that case the note at issue also required notice of acceleration to be given by first class mail or actually delivered. Instead, the bank sent notice of default and acceleration to Richards by certified mail. The bank then received a certified mail return receipt stating that the certified mail had been unclaimed. In her affidavit, Richards stated that she did not recall receiving a letter by certified mail. The court, in concluding that the attempted delivery by certified mail did not comply with the terms of the note reasoned:
{¶ 29} “Here, had National City mailed its notice of default via ordinary, first class mail, it would not only have been entitled to a rebuttable presumption of delivery based on the mailbox rule, but would have satisfied the express requirements of the note and mortgage. * * * National City mailed its notice of default to Richards only by certified mail, which was returned to National City unclaimed. National City did not mail a notice of default by ordinary mail, either contemporaneously with its certified-mail notice or after return of the certified-mail envelope. Accordingly, no presumption of delivery arose. Moreover, even if a rebuttable presumption had arisen upon National City’s certified mailing, the presumption was decisively rebutted by the uncontradicted evidence that the certified mail was returned to National City unclaimed.” Id. at ¶28.
{¶ 30} The court further found that the postal service’s return of the certified mail to the bank eliminated any possible inference of actual delivery to Richards. Id. at ¶29. The court concluded as a matter of law that the bank failed to give Richards the contractually required notice of default before accelerating the balance due on the note and initiating foreclosure proceedings. Id. at ¶30. Thus, it reversed the summary judgment that had been entered in the bank’s favor and dismissed the bank’s complaint.
{¶ 31} The evidence in this case is that appellee sent the Notice dated February 18, 2008, to Rhonda via certified mail. (Plt. Response to Defendant’s Reply to S.J., Ex. H). However, the section on the certified mail return receipt that is to be signed by the recipient upon delivery is unsigned. Additionally, a “Track & Confirm” search from the U.S. Postal Service that appellee included as an exhibit indicates the status of the certified mail as “Notice Left” and states that the postal service attempted to deliver the item on February 23, 2008. (Plt. Response to Defendant’s Reply to S.J., Ex. I).
{¶ 32} Additionally, in her affidavit, Rhonda averred that she never received the Notice, either by regular or by certified mail. (Def. Reply to S.J., Ex. D-3).
{¶ 33} Importantly, appellee has not asserted that it ever mailed the Notice by regular first class mail.
{¶ 34} Appellants have presented evidence to create a genuine issue of material fact as to whether appellee complied with the contractual terms of the Note regarding the notice required to accelerate the balance due and initiate foreclosure. Appellee did not send notice via regular first class mail. So there is no presumption that appellants received notice in this manner. Further, there is evidence that appellee attempted to provide the Notice by certified mail. However, the evidence indicates that the certified mail was never actually delivered to appellants. Thus, a genuine issue of material fact exists as to whether appellee complied with the notice requirement, which was a prerequisite to acceleration.
{¶ 35} Based on the above, appellants’ first issue has merit.
{¶ 36} Normally, given our resolution of appellants’ first issue, we would find appellants’ remaining issues to be moot. However, given that their second issue deals with appellee’s standing to initially file the lawsuit, we will address it also. Appellants’ second issue asks:
{¶ 37} “Whether Appellee was the real party in interest with standing to file at the time the lawsuit was instituted.”
{¶ 38} Appellants claim that appellee had not yet been assigned the Mortgage on the date it filed the lawsuit. They assert that appellee lacked standing to file the lawsuit on May 1, 2009, because the assignment of the Mortgage from MERS to appellee was not executed until May 13, 2009, and was not recorded until May 18, 2009.
{¶ 39} Civ.R. 17(A) provides that every action shall be prosecuted in the name of the real party in interest. In foreclosure actions, the current holder of the note and mortgage is the real party in interest. U.S. Bank Nat. Assoc. v. Marcino, 181 Ohio App.3d 328, 2009-Ohio-1178, ¶32. Summary judgment is not appropriate when a party cannot prove that it is the current holder of the note and mortgage. Id.
{¶ 40} In this case Rhonda executed and delivered the Note to Novastar Mortgage, Inc. on October 3, 2003. The Mortgage was executed by appellants and delivered on the same day to MERS as a nominee for Novastar. The Note was subsequently sold to Novastar Mortgage Funding Trust, Series 2003-4. Novastar indorsed the Note in blank and transferred possession to the trustee, JP Morgan Chase Bank. A “blank indorsement” is “an indorsement that is made by the holder of the instrument and that is not a special indorsement. When an instrument is indorsed in blank, the instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.” R.C. 1303.25(B).
{¶ 41} On October 31, 2007, appellee succeeded JP Morgan as trustee. Appellee filed the foreclosure complaint against appellants on May 1, 2009, including a copy of the Note indorsed in blank. On May 13, 2009, MERS assigned the Mortgage to appellee.
{¶ 42} In Marcino, this court addressed a situation where we did not have evidence of the assignment before us. In concluding that the bank was the real party in interest, we relied on the bank’s evidence of an allonge, indorsed in blank and its possession of the note. We concluded that the bank’s possession of the original note was sufficient evidence to establish that it was the real party in interest. Id. at ¶49. We reasoned:
{¶ 43} “For nearly a century, Ohio courts have held that whenever a promissory note is secured by a mortgage, the note constitutes the evidence of the debt and the mortgage is a mere incident to the obligation. Edgar v. Haines (1923), 109 Ohio St. 159, 164, 141 N.E. 837. Therefore, the negotiation of a note operates as an equitable assignment of the mortgage, even though the mortgage is not assigned or delivered. Kuck v. Sommers (1950), 100 N.E.2d 68, 75, 59 Ohio Abs. 400.” Id. at ¶52.
{¶ 44} Appellants assert that the law from Marcino, “the mortgage follows the note,” does not apply here because the Note and the Mortgage were separated in this case and the lender was not the mortgagee. They assert that Novastar was the lender according to the Note. However, the Mortgage was granted to MERS as the mortgagee.
{¶ 45} Appellants are correct. In Marcino, there was no evidence of the assignment of the mortgage, so it was a reasonable presumption that the note followed the mortgage. In this case, however, the Note and the Mortgage were separated. Thus, there was no presumption here that the Note followed the Mortgage.
{¶ 46} But this does not lead us to the conclusion that appellee was not the real party interest at the time it filed the complaint. MERS was the entity in possession of the Mortgage at that time. Per the terms of the Mortgage, MERS “is a separate corporation that is acting solely as a nominee for Lender [Novastar] and Lender’s successors and assigns [appellee].” (Mortgage, pg. 1; emphasis added). Thus, MERS was bound to act solely as appellee’s nominee. Consequently, because MERS was in possession of the Mortgage at the time appellee filed the complaint and then transferred the Mortgage to appellee, appellee had standing as the real party in interest.
{¶ 47} Due to the merit of appellants’ first issue, their third and fourth issues are moot. They state:
{¶ 48} “Whether Bethany Hood had authority to execute the Assignment on behalf of MERS.”
{¶ 49} “Whether Appellee was precluded from bringing the equitable claim of foreclosure based upon an application of the doctrine of unclean hands.”
{¶ 50} Based on the reasons relating to appellants’ first issue, appellants’ sole assignment of error has merit.
{¶ 51} For the reasons stated above, the trial court’s judgment granting summary judgment is hereby reversed. This matter is remanded to the trial court for further proceedings pursuant to law and consistent with this opinion. Appellee’s motion to strike is overruled.
Vukovich, J. and Waite, P.J., concurs.

Lindsey Williams - Total Government Financial Shut Down Imminent (Aug. 24, 2012)!

Lindsey Williams - Total Government Financial Shut Down Imminent (Aug. 24, 2012)! Lindsey Williams Latest Update on the 24th Aug 2012 : Some key updates from Lindsey Williams : Raytheon a defense contractor received a communication from the government telling them to prepare for a total government financial shut down . Retired General Wesley Clark Explained how the Middle East would be overthrown before it happened , Muslim Brotherhood (Owned by Elite) will overthrow the last country in the middle east Saudi Arabia . Syria (Assad) has set back elite 6 months on their initial plans this explains why the oil prices are not $150 as of yet (We should be paying $6 a gallon by now). Obama is going to war with Syria..... LISTEN to this interview: http://geraldcelentechannel.blogspot.com/2012/08/lindsey-williams-total-government.html Dwell in possibility.  ~ Emily Dickinson

Gerald Celente : Watch out for September 12 2012 !!!!

Gerald Celente : Watch out for September 12 2012 !!!! It's Economic doom for a lot of people are digging in Dumpsters for food. Just because you are not effected quite yet, doesn't mean you won't be in the future. Other people around the country and the globe are experiencing extremely harsh times, The politicians could not care less they are one and the same. Vote for any, you get the same. Jamie Diamond has his cufflinks. We OWN you all. Gerald is so wise and in tune with reality. He is the hero of reason. His knowledge will set us free. Free of the fear the elites need to feed off LISTEN: http://geraldcelentechannel.blogspot.com/2012/08/gerald-celente-let-heads-roll-oin-wall.html Dwell in possibility.  ~ Emily Dickinson

RAF Ready, NATO on Alert by Drake

Drake posted: "               RAF ready and NATO on alert.           http://www.pakalertpress.com/2012/09/04/nato-secretly-authorizes-syrian-attack              ~ Drake" New post on ANMilitia RAF Ready, NATO on Alert by Drake                RAF ready and NATO on alert.           http://www.pakalertpress.com/2012/09/04/nato-secretly-authorizes-syrian-attack              ~ Drake Drake | September 4, 2012 at 2:48 pm | Categories: News | URL: http://wp.me/p2tRr3-ov Unsubscribe or change your email settings at Manage Subscriptions. Trouble clicking? Copy and paste this URL into your browser: http://americannationalmilitia.com/raf-ready-nato-on-alert/

Update by Sheldan Nidle for the Spiritual Hierarchy and the Galactic Federation - September 4, 2012

The Rumor Mill News Reading Room 

Update by Sheldan Nidle for the Spiritual Hierarchy and the Galactic Federation - September 4, 2012

Posted By: Mr.Ed [Send E-Mail]
Date: Tuesday, 4-Sep-2012 17:33:15

Update by Sheldan Nidle for the Spiritual Hierarchy and the Galactic Federation - September 4, 2012 10 Eb, 0 Zip, 9 Eb Dratzo! We return with much to discuss. A great change in your banking system is getting ready to appear. As you know, a dark cabal runs your world by maintaining a tight grip on the global banking system, which in turn controls everything else. This grip has been loosened recently by the inflationary nature of its fiat currencies. Added to which, it is impossible to perpetuate a system based on debt and expect to simply add to the debt indefinitely, but this is precisely how your present financial system is expected to operate. In fact the true extent of the hidden debt accrued by this cabal is staggering. On another front, these ones sincerely believed that the block placed by Heaven on your reduced genetics long ago to prevent further tampering by the dark could actually be breached by using the alien genetic technology which had fallen into their hands around the end of WWII. This mistaken belief now forms the basis of their defeat and is leading to the restoration of the Light on planet Earth. Heaven knew this was happening and in the early 1990s requested us in the Galactic Federation to set up a first contact mission for Gaia. This mission is to make known to you the truth about many things, including the major reasons for the coming of your new reality. The first stage of this dark-into-Light operation is to use the new financial system to rapidly increase the instability of the present setup, as the inherent precariousness of the old system will precipitate its own collapse. One major aspect of the new system is transparency, and this will immediately expose the immense corruption and the prevalence of 'cooked books' that all the world's major banking corporations have used. As this comes out banks will begin to fail at a startling rate, while the old fiat currencies will be trumped by the arrival of a number of major currencies backed by gold. The world economy will go into free fall and this will force the adoption of global debt forgiveness. Crisis aversion will demand the detention of those complicit in the corruption and collusion between governments and financial conglomerates, and with their removal the dark cabal-controlled governments will pass away. Once this flurry is over, the more interesting stuff can begin! A key item on the agenda is disclosure. Since the 1940s, the major nations of your world have promulgated a wholesale denial of our existence and benevolence, while covertly engaging in agreements with several dark members of the Anchara Alliance. From 1940-90, the Illuminati factions on your world came into closer cooperation with each other as a result of signing a series of treaties with various then-dark Alliance members. In 1994-95, the Treaty of Anchara came into being, the Anunnaki joined the ranks of the Light, and the dark ETs abandoned their projects on Earth and reneged on the treaties. With the cohesive factor among the Illuminati gone, Heaven began to exercise the decrees it had issued when 'the time of the dark ones' began some 13 millennia ago. Now the Light is in the ascendancy and the policy of excluding us and of active belligerence to our presence is to end. The next step revolves around the watershed proclamation of disclosure and will open the door to some truly startling announcements! It will indeed be shocking for many to learn that the major reality-concepts drilled into them since childhood are false! In effect, disclosure inaugurates your collective awakening from limited to full consciousness. It is the point where you abandon the 'notions of childhood' that have long veiled your amazing potential, and it is our role to help you realize your move into adulthood. Then you are to take your divinely inherited gifts and create ways to unfold the Creator's plan throughout your vast realm. We are in joy to be given the heavenly mandate to accomplish this and to mentor you through your transformation into full-conscious Beings of Light! Gaia is also well pleased that your long and harrowing journey through the dark realms is finally to be over. You have delayed your leap in consciousness for far too long. The dark made you believe in the supremacy of the physical, and regularly forbade you to discover your powerful, spiritual essence. These are some of the things to be made known to you as you greet the many branches of your family, including those in Inner Earth. Namaste! We are your Ascended Masters! We come with more news. We have instructed the secret sacred societies to prepare to come forward. Once the first disclosure announcements are made, the true spiritual element of your globe needs to reveal its many doctrines and teachings. We prefer to make ourselves known to you only after these statements are read and joyously explained to you. Disclosure is a process wherein many false and artfully rearranged beliefs are straightened out. These explanations will form a foundation for what we Ascended Masters wish to convey to you. Our teachings will assist the work of the personnel that the first-contact team intends to bring down to your world, shortly after their many announcements are finished. These waves of information are part of a catch-up program to get you ready for your brief time in your individual Light Chambers. We are concerned about how to soften the impact of all that you need to learn. Over the millennia the Anunnaki weaved a discouraging tapestry of half-truths and misrepresentations for you to believe in, when in fact 'reality' is very different from what you think you know. It is also very wonderful! It is important to both our space family and to us that we come together with you to discuss in detail all the things we have to share. Your glorious Mother Earth also dearly wishes you to know much about who she is and what she expects of you. You have been kept in the dark in so many ways and for such a long time, as the Anunnaki removed and kept most information from you, and then largely misconstrued the rest. Our information will allow you to see yourselves and your world in an entirely new light and permit you to take back the powers that were taken away from you over 13 millennia ago. The powers you lost back then were key to maintaining your full consciousness, and you will be given the first lessons on how to get them back. They comprise initial prayers and rituals to get the ball rolling, and then the rest will be completed in your cocoon-like Light Chambers. We, together with Heaven, are assigned to be with you throughout this wondrous process, and when you awaken fully conscious from your Light-sleep, your space-family mentors will also continue to play a major role in the training-period of up to 10 days, in which you will be familiarized with full-consciousness etiquette. With your birthright restored, you can become active members playing a major role in the vast panorama of unfolding the Creator's divine plan with Love, grace, and unending joy! We greatly welcome this time and know how special are the Souls who have been allowed to incarnate upon this honored world at this unique time in Gaia's long history! Today we continued our discussion about what is about to happen on your world. The very complex process of freeing you from the clutches of the dark is accelerating. The time is near for all of us to come together and freely celebrate the advent of your new, free, sovereign reality! Know, dear Ones, that the countless Supply and never-ending Prosperity of Heaven are indeed Yours! So Be It! Selamat Gajun! Selamat Ja! (Sirian for Be One! and Be in Joy!) Planetary Activation Organization http://www.paoweb.com/index.html

REMINDER...Ron Paul Tonight To Have "Important" Announcement On Jay Leno @ 11:35 ET ...REMINDER

REMINDER...Ron Paul Tonight To Have "Important" Announcement
 On Jay Leno @ 11:35 ET ...REMINDER

Date: Tuesday, 4-Sep-2012 14:03:22

Tonight: Ron Paul on Jay Leno 9/4/12 * Ron Paul 2012 * Ask DP So Ron Paul didn't lose the Republican nomination, it was stolen. Ron Paul never conceded his delegates or endorsed Romney, and as the media presses his "loss" of the Republican nomination, he will appear in front of millions on September 4th, 2012: http://www.nbc.com/the-tonight-show/episode-guide/ He is getting more attention for his steadfastness to principles than he ever has in his life at this moment...