why is the WH defending violation of the 5th Amendment rights?

[dixiegrrrrl]

The Constitution's 5th Amendment says, in part:
No person...... (shall) be deprived of life, liberty, or property, without due process of law.

Fraudulent paperwork - in any amount - is a clear violation of The Fifth Amendment.

but the WH is not calling for a moratorium on foreclosures while the fraud is being untangled.

David Axelrod echoed Eric Cantor in saying no moratorium.

so full speed with foreclosures, even if due process continues to be ignored.

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/10/AR2010101003300.html?hpid=topnews

http://www.huffingtonpost.com/2010/10/10/foreclosure-moratorium-obama-administration_n_757356.html

http://www.cnn.com/2010/POLITICS/10/10/white.house.foreclosures/index.html

[DirkGently]

1. We ought to leverage the questions being raised into MEANINGFUL f/c relief.

Such as a *mandatory* mark to market cramdown for distressed borrowers, given that asking nicely hasn't worked for the administration so far.

[bigmonkey]

2. A little overheated, no?

"No moratorium" does not mean the same as "full speed."

[Igel]

3. But. . .

There are moratoria being implemented for cases where there is or is the very real possibility fraudulent, incomplete, inaccurate paperwork. This portion is not due process, per se, but is required for due process. After all, the requirement isn't on banks and mortgage companies to impose due process--that's for the judiciary and executive branches to do.

However, in cases where there is valid paperwork or no reason to think that the paperwork is fraudulent, the courts are involved. They still require due process and may question the paperwork if they feel it's relevant. Certainly the defendants' lawyers will.

Saying there must be a moratorium and so no foreclosure is possible for any mortgage holders, that no recourse to the courts is to be permitted, also limits due process: The only due process is no process. The assumption is that you're guilty until other people prove their innocence.

Equal right to due process is to be equal, cet. par. I don't want to see the courts impose injustice on either side.

[dixiegrrrrl]

5. If I may just point out

the courts are only involved in Judicial states.
In non-judicial states, foreclosures are not ( usually) contested in courts, just a notice has to be printed in the paper and a notice of foreclosure sent to the owner. Whether or not that is done correctly is a good guess.

That is why BOA announced a halt to foreclosures in only judicial states, is carrying them per usual in non-judicial states ( I live in a non-judicial state).
Also, just to note: BOA is halting SALES of foreclosed houses in all 50 states, again I repeat that BOA is not halting foreclosures in non-judicial states.
And Wells Fargo has not halted foreclosures.

[librechik]

4. despicable, dishonest maneuvering from the clueless hoping to get votes from

who? Axelrod, really. Who?