They thought this bill would just get signed and nobody would know about it. The bill is HR 3808: Interstate Recognition of Notarizations Act of 2009, which would have the effect of bailing out banks from following due process in foreclosing one's home. But here's the most infuriating thing: Congress never voted on it. From Gov Track, check out this bit of unconstitutional chicanery:
What the heck? Is it not a constitutional requirement that a roll call be kept for passing legislation? Especially major legislation like this one? The light was shown on this today, and the cockroaches scattered. Once this was made public, it was leaked that Obama would issue a pocket veto out of fear that news of another bank bailout would lead to more losses for Democrats next month. From Zero Hedge: Obama To Veto H.R. 3808
As we expected, and suggested last night, Obama would not enact H.R. 3808 for fear of the populist fallout that would follow. Indeed, Dow Jones has just confirmed that Obama will "Pocket Veto" the notarization bill, eliminating the last possible roadblock for a tsunami of legal action against mortgage servicers.Michelle Malkin has the scoop on how the bill was passed: What the hell: How stealth banking bailout reached Obama's desk
From Dow Jones:President Barack Obama won't sign into law an overlooked piece of legislation that critics say would make it easier for banks and others to process foreclosure proceedings without human signatures, a person familiar with the matter said.
Obama hasn't yet issued a veto during his presidency. In this instance, he will send the bill back to Congress using a process known as a "pocket veto."
Both the left and right sides of the blogosphere are buzzing about a bipartisan TARP-style banking bailout bill that somehow reached President Obama's desk in the legislative rush before Congress adjourned for the midterm election break.
The sordid episode underscores everything I've spotlighted about the culture of corruption over the last two years — sabotage of the deliberative process, circumventing of rules, backroom deals, and contempt for the will of the people.
Yes, the Vampire Congress strikes again.
The bill is HR3808, the "Interstate Recognition of Notarizations Act of 2010," which requires courts to accept as valid notarized letters made out of state, making it harder to challenge the authenticity of foreclosure and other legal documents. Here's the legislative history of the bill.
Reuters lays out the basic story:A bill that homeowners advocates warn will make it more difficult to challenge improper foreclosure attempts by big mortgage processors is awaiting President Barack Obama's signature after it quietly zoomed through the Senate last week.
The bill, passed without public debate in a way that even surprised its main sponsor, Republican Representative Robert Aderholt, requires courts to accept as valid document notarizations made out of state, making it harder to challenge the authenticity of foreclosure and other legal documents.
The timing raised eyebrows, coming during a rising furor over improper affidavits and other filings in foreclosure actions by large mortgage processors such as GMAC, JPMorgan and Bank of America…The legislation could protect bank and mortgage processors from liability for false or improperly prepared documents.And now, the dirty details of the legislative legerdemain that paved the bill's path to Obama's desk:After languishing for months in the Senate Judiciary Committee, the bill passed the Senate with lightning speed and with hardly any public awareness of the bill's existence on September 27, the day before the Senate recessed for midterm election campaign.
The bill's approval involved invocation of a special procedure. Democratic Senator Robert Casey, shepherding last-minute legislation on behalf of the Senate leadership, had the bill taken away from the Senate Judiciary committee, which hadn't acted on it.
It's the Chicago way...The full Senate then immediately passed the bill without debate, by unanimous consent.No debates.No amendments.No roll call votes.
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