Perhaps you’ve seen this incredible video, which I saw for the first time today:
In it, a police officer actually says these words (0;42) :
“Obama has decimated the friggin’ Constitution. So I don’t give a damn–if he doesn’t follow the Constitution, we don’t have to…”
Incredible-but only if you haven’t been paying attention to the police state that America has become. But as the saying goes, the fish rots from the head down, and something sure is rotten here in the state of…well, the United States.
The courts are no better at following even their own law, i.e., precedent. A stunning example of that in the real estate context, as we wrote about here over a year ago and is representative of the type of decisions still being churned out every day:
“I feel like this needs to be pointed out after reading the opinion of District Judge Sam Sparks in the Texas case of Kramer v. FNMA (i.e., Fannie Mae). Sparks argued that MERS is allowed to assign a Deed of Trust separate from a note and disparages the Plaintiff’s (i.e., Kramer) reliance on the Carpenter v. Longan decision of the U.S. Supreme Court from 1872. Carpenter says that assigning only a mortgage/deed of trust is “a nullity.” Sparks says that statement is merely dicta and not precedent and therefore, he doesn’t have to heed it and besides, Texas law says assignment of only deeds of trust is A-OK. Except that Sparks ignores all the other Texas case law which says exactly the same thing as Carpenter, a lot of which can be found in the brief of David Rogers in the appeal of Kramer v. FNMA, which brief can be found on PACER.”
The next few years are going to be very interesting, indeed…