#aggressive new york foreclosure defense

[mfi-miami]

FAPA Is Facing Well Funded Legal Challenges From Wall Street

Attention New York Homeowners In Foreclosure: FAPA Is Facing Serious Legal Challenges From Deep Pocketed Wall Street Bankers. It has been a little over six months since the Foreclosure Abuse Prevention Act (FAPA) went into effect. As predicted when it was signed into law, FAPA is now facing serious legal challenges from deep pocketed Wall Street banks. After all, Wall Street sees any law that…

[wedesignyouny]

Best New York, NY Foreclosure Attorneys | Ronald D. Weiss , P.C.

Dispossession Defense

Dispossession laws are extremely perplexing, and it isn't unexpected for loan specialists to have made a blunder simultaneously. Such slip-ups regularly incorporate planning or pulling out – and this may prompt an abandonment protection.

Legal time limit for a Mortgage Foreclosure

A typical safeguard to a moneylender's endeavour to dispossess includes the legal time limit, which oversees the time that a bank can seek after an abandonment after the property holder quits making contract installments. On the off chance that the moneylender doesn't meet the legal time limit, the dispossession activity can be excused on that premise alone, permitting the litigant to win the resolution of restriction safeguard.

A dispossession activity should be introduced in the Supreme Court in the district in which the property is found. Each state has its own legal time limit for a home loan abandonment activity. New York's CPLR §213 gives a six-year legal time limit for the authorization of agreements. Since a home loan is viewed as a "contract", abandonment activities should start inside six years. Inability to bring an abandonment activity inside that time period can bring about excusal of the dispossession activity and expulsion of the lien.

What Triggers the Statute of Limitations?

As indicated by New York State law, legal time limit is set off by a speed increase letter requesting quick installment of whole home loan balance. According to New York RPAPL §1304 loan specialists are needed to send a borrower a composed notification 90 days before a dispossession activity is started expressing that they are in danger of abandonment. The notification will as a rule contain the accompanying:

Notice that the loan specialist has the option to begin an abandonment activity after the multi day notice period

A rundown of nearby non-benefit organizations that give guiding to lodging

The six-year legal time limit is just set off by a composed speed increase notice that shows the bank's quick plan to gather the obligation in full. Anything short of an unmistakable and obvious demonstration won't be adequate to trigger the legal time limit before the documenting of the abandonment summons and protest in the Supreme Court. Composed notification, request letters, and aggressive intentions that the borrower is in default and should become current on the advance don't comprise speed increase as to trigger the legal time limit.

What Stops (Tolls) the Statute of Limitations?

The legal time limit for an obligation might be halted (rung) by either an unqualified guarantee to pay the obligation or an affirmation of the obligation. This permits the time impediment on carrying a claim to uphold installment of the obligation to be conceded until the guarantee archive has shown up.

Protections to the Statute of Limitations

De-speed increase – as long as the de-speed increase letters are inside the limits time frame by the notification arrangement of the home loan, it would keep the legal time limit from running. De-speed increase can't be interior, yet requires plain behaves like letter pardoning unpaid debts or expressing that they are owed, however not a reason for speed increase.

Change preliminary installments or any installments made by the litigant.

A chapter 11 costs the 6 years legal time limit.

Safe Harbor expands the legal time limit for a half year if the case is excused not on the benefits (with the exception of if for purview deformity or willful excusal). A Safe Harbor is a lawful specification to take out administrative risk in specific circumstances, given that specific conditions are met.

In the event that the rule of limit guard isn't affirmed on the Answer, it very well may be deferred.

Contact a Long Island Foreclosure Attorney

A vital inquiry to think about when confronting dispossession is whether you have legitimate grounds to challenge it. A certified Long Island abandonment lawyer who is knowledgeable about the dispossession cycle can break down your case to decide if the legal time limit period has run.

The Law Office of Ronald D. Weiss is your head dispossession lawyer on Long Island and can examine the particular realities of your case to decide if your loan specialist has abused the legal time limit, which can bring about a release of your obligation. The association's dispossession attorneys will help you with the vital administrative work and legitimate examination as these cases will in general be extremely unpredictable and specialized. Augment your benefit by having our dispossession lawyers on your side.

For More Info Please Visit Our Website : https://www.ny-bankruptcy.com/

Or Email Us @ : Weiss@Ny-Bankruptcy.Com

[science-criticaltheory]

Our Ever-Deadlier Police State by Chris Hedges

Mr. Fish / Truthdig

None of the reforms, increased training, diversity programs, community outreach and gimmicks such as body cameras have blunted America’s deadly police assault, especially against poor people of color. Police forces in the United States—which, according to The Washington Post, have fatally shot 782 people this year [2017]—are unaccountable, militarized monstrosities that spread fear and terror in poor communities. By comparison, police in England and Wales killed 62 people in the 27 years between the start of 1990 and the end of 2016.

Police officers have become rogue predators in impoverished communities. Under U.S. forfeiture laws, police indiscriminately seize money, real estate, automobiles and other assets. In many cities, traffic, parking and other fines are little more than legalized extortion that funds local government and turns jails into debtor prisons.

Because of a failed court system, millions of young men and women are railroaded into prison, many for nonviolent offenses. SWAT teams with military weapons burst into homes often under warrants for nonviolent offenses, sometimes shooting those inside. Trigger-happy cops pump multiple rounds into the backs of unarmed men and women and are rarely charged with murder. And for poor Americans, basic constitutional rights, including due process, were effectively abolished decades ago.

Jonathan Simon’s “Governing Through Crime” and Michelle Alexander’s “The New Jim Crow” point out that what is defined and targeted as criminal activity by the police and the courts is largely determined by racial inequality and class, and most importantly by the potential of targeted groups to cause social and political unrest. Criminal policy, as sociologist Alex S. Vitale writes in his new book, “The End of Policing,” “is structured around the use of punishment to manage the ‘dangerous classes,’ masquerading as a system of justice.”

The criminal justice system, at the same time, refuses to hold Wall Street banks, corporations and oligarchs accountable for crimes that have caused incalculable damage to the global economy and the ecosystem. None of the bankers who committed massive acts of fraud and were responsible for the financial collapse in 2008 have gone to prison even though their crimes resulted in widespread unemployment, millions of evictions and foreclosures, homelessness, bankruptcies and the looting of the U.S. Treasury to bail out financial speculators at taxpayer expense. We live in a two-tiered legal system, one in which poor people are harassed, arrested and jailed for absurd infractions, such as selling loose cigarettes—which led to Eric Garner being choked to death by a New York City policeman in 2014—while crimes of appalling magnitude that wiped out 40 percent of the world’s wealth are dealt with through tepid administrative controls, symbolic fines and civil enforcement.

The grotesque distortions of the judicial system and the aggressive war on the poor by the police will get worse under President Trump and [the now replaced] Attorney General Jeff Sessions. There has been a rollback of President Barack Obama’s 2015 restrictions on the 1033 Program, a 1989 congressional action that allows the transfer of military weaponry, including grenade launchers, armored personnel carriers and .50-caliber machine guns, from the federal government to local police forces. Since 1997, the Department of Defense has turned over a staggering $5.1 billion in military hardware to police departments.

The Trump administration also is resurrecting private prisons in the federal prison system, accelerating the so-called war on drugs, stacking the courts with right-wing “law and order” judges and preaching the divisive politics of punishment and retribution. Police unions enthusiastically embrace these actions, seeing in them a return to the Wild West mentality that characterized the brutality of police departments in the 1960s and 1970s, when radicals, especially black radicals, were murdered with impunity at the hands of law enforcement. The Praetorian Guard of the elites, as in all totalitarian systems, will soon be beyond the reach of the law. As Vitale writes in his book, “Our entire criminal justice system has become a gigantic revenge factory.”

The arguments—including the racist one about “superpredators”—used to justify the expansion of police power have no credibility, as the gun violence in south Chicago, abject failure of the war on drugs and vast expansion of the prison system over the last 40 years illustrate. The problem is not ultimately in policing techniques and procedures; it is in the increasing reliance on the police as a form of social control to buttress a system of corporate capitalism that has turned the working poor into modern-day serfs and abandoned whole segments of the society. Government no longer makes any attempt to ameliorate racial and economic inequality. Instead, it criminalizes poverty. It has turned the poor into one more cash crop for the rich.

“By conceptualizing the problem of policing as one of inadequate training and professionalization, reformers fail to directly address how the very nature of policing and the legal system served to maintain and exacerbate racial inequality,” Vitale writes. “By calling for colorblind ‘law and order’ they strengthen a system that puts people of color at a structural disadvantage. At the root, they fail to appreciate that the basic nature of the police, since its earliest origins, is to be a tool for managing inequality and maintaining the status quo. Police reforms that fail to directly address this reality are doomed to reproduce it. … Well-trained police following proper procedures are still going to be arresting people for mostly low-level offenses, and the burden of that will continue to fall primarily on communities of color because that is how the system is designed to operate—not because of the biases or misunderstandings of officers.”

In a recent interview, Vitale told me, “We’ve been waging a war on drugs for 40 years by putting people in prison for ever longer sentences. Yet drugs are cheaper, easier to get, and at a higher quality than they’ve ever been. Any high school student in America can get any kind of drugs they want. Yet we persist in this idea that the way to respond to the problem of drugs, and many other social problems, is through arrest, courts, punishments, prisons. This is what Trump is playing to. This idea that the only appropriate role for the state is one of coercion and threats—whether it’s in the foreign policy sphere or in the domestic sphere.”

Police forces, as Vitale writes in his book, were not formed to ensure public safety or prevent crime. They were created by the property classes to maintain economic and political dominance and exert control over slaves, the poor, dissidents and labor unions that challenged the wealthy’s hold on power and ability to amass personal fortunes. Many of America’s policing techniques, including widespread surveillance, were pioneered and perfected in colonies of the U.S. and then brought back to police departments in the homeland. Blacks in the South had to be controlled, and labor unions and radical socialists in the industrial Northeast and Midwest had to be broken.

The fundamental role of the police has never changed. Paul Butler in his book “Chokehold: Policing Black Men” and James Forman Jr. in his book “Locking Up Our Own: Crime and Punishment in Black America” echo Vitale’s point that the war on drugs “has never been about public health or public safety. It’s been about providing a cover for aggressive and invasive policing that targets almost exclusively people of color.”

“People often point to the London Metropolitan Police, who were formed in the 1820s by Sir Robert Peel,” Vitale said. “They are held up as this liberal ideal of a dispassionate, politically neutral police with the support of the citizenry. But this really misreads the history. Peel is sent to manage the British occupation of Ireland. He’s confronted with a dilemma. Historically, peasant uprisings, rural outrages were dealt with by either the local militia or the British military. In the wake of the Napoleonic Wars, in the need for soldiers in other parts of the British Empire, he is having more and more difficulty managing these disorders. In addition, when he does call out the militia, they often open fire on the crowd and kill lots of people, creating martyrs and inflaming further unrest. He said, ‘I need a force that can manage these outrages without inflaming passions further.’ He developed the Peace Preservation Force, which was the first attempt to create a hybrid military-civilian force that can try to win over the population by embedding itself in the local communities, taking on some crime control functions, but its primary purpose was always to manage the occupation. He then exports that model to London as the industrial working classes are flooding the city, dealing with poverty, cycles of boom and bust in the economy, and that becomes [its] primary mission.”

“The creation of the very first state police force in the United States was the Pennsylvania State Police in 1905,” Vitale said. “For the same reasons. It was modeled similarly on U.S. occupation forces in the Philippines. There was a back and forth with personnel and ideas. What happened was local police were unable to manage the coal strikes and iron strikes. … They needed a force that was more adherent to the interest of capital. … Interestingly, for these small-town police forces in a coal mining town there was sometimes sympathy. They wouldn’t open fire on the strikers. So, the state police force was created to be that strong arm for the law. Again, the direct connection between colonialism and the domestic management of workers. … It’s a two-way exchange. As we’re developing ideas throughout our own colonial undertakings, bringing those ideas home, and then refining them and shipping them back to our partners around the world who are often despotic regimes with close economic relationships to the United States. There’s a very sad history here of the U.S. exporting basically models of policing that morphs into death squads and horrible human rights abuses.”

The almost exclusive alliance on militarized police to deal with profound inequality and social problems is turning poor neighborhoods in cities such as Chicago into miniature failed states, ones where destitute young men and women join a gang for security and income and engage in battles with other gangs and the police. The “broken windows” policy shifts the burden for poverty onto the poor. It criminalizes minor infractions, arguing that disorder produces crime and upending decades of research about the causes of crime.

“As poverty deepens and housing prices rise, government support for affordable housing has evaporated, leaving in its wake a combination of homeless shelters and aggressive broken-windows-oriented policing,” Vitale writes. “As mental health facilities close, police become the first responders to calls for assistance with mental health crises. As youth are left without adequate schools, jobs, or recreational facilities, they form gangs for mutual protection or participate in the black markets of stolen goods, drugs, and sex to survive and are ruthlessly criminalized. Modern policing is largely a war on the poor that does little to make people safer or communities stronger, and even when it does, this is accomplished through the most coercive forms of state power that destroy the lives of millions.”

The accelerated assault on the poor and the growing omnipotence of the police signal our transformation into an authoritarian state in which the rich and the powerful are not subject to the rule of law. The Trump administration will promote none of the conditions that could ameliorate this crisis—affordable housing; well-paying jobs; safe and nurturing schools that do not charge tuition; better mental health facilities; efficient public transportation; the rebuilding of the nation’s infrastructure; demilitarized police forces in which most officers do not carry weapons; universal, government-funded health care; an end to the predatory loans and unethical practices of big banks; and reparations to African-Americans and an end to racial segregation. Trump and most of those he has appointed to positions of power disdain the poor as a dead weight on society. They blame stricken populations for their own misery. They seek to subjugate the poor, especially those of color, through police violence, ever harsher forms of punishment and an expansion of the prison system.

“We need an effective system of crime prevention and control in our communities, but that is not what the current system is,” Alexander writes in “The New Jim Crow.” “The system is better designed to create crime, and a perpetual class of people labeled criminal. … Saying mass incarceration is an abysmal failure makes sense, though only if one assumes that the criminal justice system is designed to prevent and control crime. But if mass incarceration is understood as a system of social control—specifically, racial control—then the system is a fantastic success.”

[scottdonaldinfo]

Meet Thomas Sirianni – A top legal attorney offering legal and general advice in New York

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[clarku021416-blog]

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[saam2]

How The ACORN Scandal Seeded Today’s Nightmare Politics

It did not occur to Bertha Lewis to be afraid.

She was watching the final presidential debate of 2008, and John McCain had just said something insane. “We need to know the full extent of Senator Obama’s relationship with ACORN, who is now on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy,” the Arizona Republican proclaimed.

Lewis had been leading ACORN ― the Association of Community Organizations for Reform Now ― for about five months. ACORN advocated for the poor. In addition to helping families navigate federal aid programs, the group ran campaigns to improve city sanitation, protested against predatory lenders and registered people to vote. The nation’s top Republican politician had just declared this body of work tantamount to stealing an election.

“It was absurd,” Lewis said in a recent interview. “Those words had no meaning.”

If anything, Lewis reasoned, the attack was probably good news. Republicans had always loathed ACORN, in no small part because poor voters tend to vote Democrat, but open, inflammatory denunciations of the group were generally confined to the talk radio fringe.

Lewis had been bogged down in a top-to-bottom overhaul of ACORN’s financial and managerial structure ever since she accepted her promotion. If GOP leaders were escalating things in October, she figured it meant she was running a solid voter registration operation despite all the paperwork she’d been buried in.

McCain’s debate paranoia wasn’t an isolated outburst. It became the Republican Party’s closing pitch for the 2008 election, amplified in political media. U.S. newspapers published over 1,700 stories on ACORN during October ― more than 10 times the average monthly total so far that year. More than three-fourths of these stories were devoted to allegations of “voter fraud.”

The illegal voting accusations never panned out. But within 18 months, Lewis would be forced to close ACORN’s doors ― exhausted, short-staffed, out of money and, most important, out of allies.

ACORN had survived for more than 40 years. Its sudden collapse was a defining moment in 21st century American politics. The explosive cocktail of racism, dishonesty, incompetence and cowardice that brought down the organization reveals as much about Washington Democrats as it does about the conservative movement. It marked the Republican Party’s full transition from the coded winks and nods of Richard Nixon’s “Southern strategy” to the bellicose white nativism that defines Donald Trump, and it exposed a Democratic Party establishment unprepared for dirty tricks in the Digital Age and unwilling to defend many of the black voters and activists it claimed to represent.

Sen. John McCain (R-Ariz.) turned ACORN into an enemy during his final presidential debate with Barack Obama in 2008.

After McCain lost the 2008 election, his allegations of a vast ACORN conspiracy to steal the election looked even more preposterous. Nobody could find a single fraudulent vote that had been cast by someone connected to ACORN. But the ACORN story kept bouncing around conservative media anyway. Prosecutors in a few states cited a handful of ACORN employees for shoddy voter registration ― submitting incomplete forms or paperwork with bogus names like “Donald Duck” or “Tony Romo.” In many cases, ACORN itself had flagged the faulty documents before turning them over to state officials, since election laws required that all registration paperwork an organization had collected be turned in. This detail often wasn’t included in the stories.

Then in September 2009, everybody seemed to forget about ACORN voter fraud entirely. Right-wing provocateurs James O’Keefe and Hannah Giles released a batch of undercover videos through Andrew Breitbart’s new website that appeared to show ACORN employees offering to help O’Keefe get away with all kinds of outrages, including dodging tax payments for an underage prostitution ring he claimed he wanted to smuggle into the country. Fox News pumped out updates on the story day after day as more videos were released in a slow trickle. O’Keefe appeared on “Fox & Friends” dressed like a 1970s stereotype of a pimp one morning, and Breitbart and Giles would make Sean Hannity’s show another evening.

Several formal investigations would later find that, although the undercover videos might have been embarrassing, ACORN workers didn’t violate any laws. The district attorney’s office in Brooklyn, New York, found “no criminality” after a five-month investigation. Neither did the California attorney general’s office. The murder “confession” touted by Fox turned out to be a prank by an ACORN employee who’d caught on to the stunt. (State investigators interviewed her ex-husbands, who were still very much alive.)

In an interview with HuffPost, O’Keefe said it’s wrong to focus on whether his work uncovered actual criminality.

“It exposed immorality. It exposed soullessness,” he said. “Undercover work is about testing and affirming what people are willing to do.”

O’Keefe has clung to the fact that ACORN workers in Baltimore gave him tax advice for his illegal business, including tips on “how to disguise my 13 underage El Salvadorian sex girls on the tax returns,” as he claimed on Reddit in January.

In fact, after being told the girls didn’t have Social Security numbers, the ACORN worker told O’Keefe that “we can’t use them at all,” according to unedited transcripts originally posted to Breitbart’s site. Confronted about the transcript, O’Keefe said it was still “highly immoral” for ACORN employees to help him report illegal income to the IRS. But even that’s questionable, since illegal income is supposed to be reported to the IRS.

“One of the things a tax preparer has to do when you have a client with illegal income is navigate between reporting the illegal income ― which must be done ― and protecting the client’s right not to incriminate himself,” according to Larry Zelenak, a tax professor at Duke University School of Law.

A crime may well have been committed at the ACORN offices ― by O’Keefe. California state law prohibits non-consensual recordings of confidential conversations. The state granted him immunity from potential charges in exchange for access to his complete recordings, but it didn’t wipe out his liability in civil lawsuits. O’Keefe eventually agreed to pay a $100,000 settlement to a former ACORN employee who had actually contacted the police after O’Keefe’s visit but was portrayed in the video as a willing collaborator. As part of the settlement, O’Keefe said he regretted “any pain” he caused the man.

But Washington didn’t wait around for the facts to come out. On Sept. 14, 2009, the Democratic-controlled Senate voted 83 to 7 to block some federal grants to ACORN. Government funding typically accounted for 10 to 15 percent of ACORN’s annual funding. The group received $48.4 million from the federal government from 2005 to 2009 ― most of it, including a $25 million grant in 2008, for housing counseling and foreclosure mitigation.

On Sept. 17, the House followed suit, with 172 Democrats joining 173 Republicans in voting to defund ACORN, including some of the most progressive voices in the party, such as Reps. Rosa DeLauro (D-Conn.), Lloyd Doggett (D-Texas) and John Conyers (D-Mich.).

Today, Democrats don’t like to talk about that vote. Several told HuffPost they didn’t remember how they voted or why they voted the way they did, other than to note the vote occurred amid a rash of scandalous ACORN headlines.

“Democrats panicked and felt like they had to be a part of that,” Rep. Raúl Grijalva (D-Ariz.), one of the 75 Democrats who voted no, told HuffPost.

Democrats had assumed a defensive posture following electoral victories in November 2008 and wanted to focus on their policy agenda, according to Rep. Gerry Connolly (D-Va.), who missed the vote.

“We’re fighting about Dodd-Frank, we’re fighting about stimulus, we’re fighting about the Affordable Care Act, and we’re fighting about climate change and cap-and-trade,” Connolly said. “Huge battles. Huge! I think the calculus for some of my colleagues was, ‘How much political capital do I want to expend on this when I have these other big ones?’”

But that wasn’t how Republicans saw Democrats at the time. Democrats were on a roll ― they had taken control of Congress in 2006 and pounded Republicans again in 2008. They’d just reclaimed the White House. The GOP was the party of the Iraq War, Hurricane Katrina, the financial crisis and the bank bailouts. Reeling from these failures, the official Democratic rebuke of ACORN seemed to chart a new course for Republican political strategy in which aggressive attacks from Breitbart and Fox News ― however outlandish ― could force Democrats into concessions.

“In many ways, I feel like this issue was a prelude to how conservatives would weaponize issues going forward in the tea party era that would follow,” said Kurt Bardella, who has worked for both Breitbart and as a spokesman for Rep. Darrell Issa (R-Calif.), the foremost Republican ACORN opponent in Congress. (Bardella is currently a columnist for HuffPost.)

“ACORN was the only political success Republicans experienced in this period of time,” Bardella said. “I think having a win that the Breitbart side of the world could claim as their own gave them the first real sense that the Republican base was with them more than the politicians, and they could leverage and activate that to play a more impactful role in shaping the direction of the GOP.”

A day after the Senate voted to defund ACORN, an incredulous Jon Stewart featured the O’Keefe video on “The Daily Show,” shaming journalists for missing the apparently massive nationwide fraud underway at ACORN. Hadn’t Republicans been warning about the group for years?

“Where the hell were you?” Stewart ranted.

Reporters had, in fact, scrutinized ACORN, turning up a major scandal at the organization the previous year. In July 2008, The New York Times reported that Dale Rathke, the brother of ACORN founder Wade Rathke, had embezzled almost $1 million from the organization from 1999 to 2000 and kept it secret from the ACORN board. Rathke was fired, and some funders, including the U.S. Conference of Catholic Bishops, decided to sever ties with the group. But there was not a rush for the exits. Drummond Pike, the head of the Tides Foundation, personally paid back the embezzlement debt.

The board promoted Lewis from her position in New York’s ACORN office to replace Wade Rathke, and she spent much of the next year auditing finances and reorganizing ACORN’s management structure. As the country’s financial crisis escalated, she beefed up the group’s anti-foreclosure activism, and by the summer of 2009, the stigma from the embezzlement scandal seemed to have faded. Republicans weren’t really harping on it. Instead, Reps. Michele Bachmann (R-Minn.) and Jason Chaffetz (R-Utah) were raising a fuss over the possibility that ACORN volunteers might somehow corrupt the census.

The reforms Lewis implemented convinced Dave Beckwith, who was then the executive director of the Needmor Fund, a philanthropy that supports social justice work, that ACORN had turned a corner. “They took organizational internal repair very seriously,” Beckwith told HuffPost. “They changed the role the board played, they became much more transparent about finances and they changed leadership.”

But when the O’Keefe videos hit, ACORN was still in a funding hole. Lewis and other longtime ACORN staffers say the group could have weathered the storm if the Democratic Party hadn’t abandoned it. It wasn’t just a question of losing government grants. The vote to defund ACORN sent a very clear signal to liberal donors that ACORN wasn’t worth defending.

“We tried to engage the philanthropic community in understanding what happened and the degree to which the organization was taking the repair process,” said Beckwith. “And frankly, most were not interested in hearing that story because they had been convinced by a false narrative of corruption and malfeasance.”

By the spring of 2010, the organization was out of money and officially closed its doors.

Other liberal and left-wing organizations also refused to speak out on ACORN’s behalf, Lewis said. When she reached out to Planned Parenthood, which O’Keefe had gone after the year before, she said the reproductive health care nonprofit told her that it didn’t want to help or even be seen together. As Lewis saw it, Planned Parenthood’s leaders seemed to feel like they had “dodged a bullet” in avoiding a congressional funding battle and didn’t want to court any further controversy.

Another ACORN alum, former executive director Steve Kest, says Planned Parenthood didn’t just leave ACORN for dead. It made phone calls to funders and members of Congress on behalf of ACORN ― more than plenty of other liberal groups were willing to do.

“It is clear now that the attack on ACORN was the beginning of a new era of extreme attacks on community-based organizations,” Planned Parenthood spokeswoman Erica Sackin told HuffPost. “None of us, including Planned Parenthood, knew enough or did enough in that moment to expose these video attacks for what they were.”

When a different group of conservatives published videos that purported to show Planned Parenthood negotiating fees for fetal organ tissue in 2015 and Republicans sought to defund group, Democrats and liberals rallied instead of running for cover, offering a much stronger defense than ACORN had enjoyed.

Lewis thinks this was a matter of optics. While Planned Parenthood serves plenty of low-income black and brown women, it has always deployed accomplished, well-to-do white women as the centerpiece of its public image. Planned Parenthood officials make the rounds at Democratic Party fundraisers and fancy liberal conferences. ACORN hired poor people of color and held sit-ins at bank branches.

“If we had been a community group ― like, stick to your neighborhood, give out some turkeys, give the natives some blankets, do social services, occasionally have a silent march and then kneel down and pray ― that might have been fine,” Lewis said. “The attacks on the organization were all around race …. It was because our constituency was black.”

Dalton Bennett/The Washington Post via Getty Images

The O’Keefe videos dropped about a month after a different ACORN-related bombshell that had gone almost entirely unnoticed. In August 2009, the House Judiciary Committee released thousands of pages of emails and transcripts related to President George W. Bush’s controversial decision to fire several Department of Justice prosecutors in his second term.

The documents revealed that in 2006, after a U.S. attorney in New Mexico refused to file bogus voter fraud charges against an ACORN worker, the Bush administration retaliated by firing him ― an account that corroborated a report from the Justice Department’s inspector general. This was a major scandal. The president had fired prosecutors for refusing to bring a nonsense case against an organization he believed to be a political enemy.

The U.S. attorney scandal was not new in 2009, but the details about the involvement of White House adviser Karl Rove were. Several major news outlets picked up on it ― but nearly all of them missed that Rove’s displeasure with the New Mexico prosecutor wasn’t just about voter fraud. It was about voter fraud and ACORN.

Nearly a decade since the documents were disclosed, however, Rove remains a respected member of the Republican intelligentsia. O’Keefe, though he succeeded where Rove failed, is disgraced. Most of his subsequent undercover projects have fallen flat ― none more dramatically than last year’s attempt to discredit the Alabama women who had credibly accused Senate candidate Roy Moore of having abused or stalked them when they were teenagers.

Several Democrats told HuffPost they didn’t think they would fall for another smear campaign like the one waged against ACORN. O’Keefe and Breitbart were new figures in 2009. People wouldn’t take them seriously today.

“Having been there and done it, I think there’s some wisdom now that would take hold that would perhaps prevent this from happening again,” said Rep. Hank Johnson (D-Ga.), who voted in favor of the 2009 ACORN resolution.

But Rep. John Yarmuth (D-Ky.) isn’t so sure.

“We react spontaneously to virtually anything, and sometimes overreact,” Yarmuth said. “The impact of social media has increased exponentially since 2009 where you can get swamped by social media on any particular misstep or issue. The potential for that happening again is greater, not less.”

KAREN BLEIER via Getty Images

Without ACORN to kick around, the Republican Party’s voter fraud claims have evolved. President Trump claims 3 million to 5 million illegal votes cost him the popular vote in 2016, and he even appointed a commission to investigate the supposed problem. Its work was clearly farcical, and the commission disbanded earlier this year in disarray.

ACORN registered more than 865,000 voters for the 2008 election. While other groups have tried to pick up the slack, there’s a reason Republicans haven’t selected a new organization to serve as the voter fraud boogeyman: nobody is doing the same caliber work on the same scale that ACORN did.

And while just about every possible explanation for Trump’s 77,744-vote margin of victory in Pennsylvania, Wisconsin and Michigan has been explored to death, almost nobody talks about the effect ACORN might have had in those states.

If Congress has learned any lessons from the ACORN episode, you wouldn’t know it from the legislative record. Each year, government spending bills typically include new bans on funding for ACORN or its successors ― a term with no legal definition. Congress blocked money for ACORN again in its March funding bill.

Issa, who championed the original, successful defunding effort in 2009, told HuffPost that ACORN offshoots might still be at large, though he could not name any. The conservative group Judicial Watch hasn’t raised alarms about an alleged ACORN affiliate receiving federal funds since 2014.

Bardella, the former Issa spokesman, said Republicans had been right to investigate ACORN’s use of federal funds and its finances back in 2009. But he said Issa is probably foolish to raise the specter of ACORN successor groups running amok.

“He’s just talking out of his ass.”

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A woman in a suburb of Columbus, Ohio, was sued twice, by two different creditors, over the same overdue student loan. Another person, in Illinois, was taken to court over a loan that had already been paid off. And hundreds of borrowers faced lawsuits over debts so old that they were no longer legally collectible.

The cases all involved the same debt collector: Transworld Systems.

Student loans have soared over the last decade, becoming the largest source of household debt outside of mortgages. The tide of rising defaults has also turned into a lucrative business, with companies collecting tens of millions of dollars through settlements, wage garnishments and other compelled payments.

Transworld Systems has been one of most prolific debt collectors, filing more than 38,000 lawsuits in the last three years on behalf of a single client, the National Collegiate Student Loan Trusts. But many of the cases were flawed, as the debt collector churned out mass-produced documentation based on scant verification, according to legal filings by a federal regulator and a New York Times analysis of court records from hundreds of cases.

In September, the regulator, the Consumer Financial Protection Bureau, accused National Collegiate and Transworld, in separate complaints, of using sloppy and illegal collections methods. Both parties agreed to settle and pay more than $21 million in penalties and refunds.

National Collegiate and Transworld “sued consumers for student loans they couldn’t prove were owed and filed false and misleading affidavits in courts across the country,” said Richard Cordray, the consumer bureau’s director.

Most of the nearly $1.5 trillion that Americans owe in student debt is backed by the federal government. When borrowers fall behind on those loans, the government can garnish their wages or seize their tax refunds.

Private loans, like those owned by National Collegiate, amount to more than $100 billion. Those players have to go to court to get what they are owed.

Transworld’s high-volume tactics in such cases are common across the industry, according to borrowers’ lawyers and lawsuits. Court dockets are choked with faulty cases. Students have been sued for debts they no longer owed, by companies they never borrowed from, and by creditors that lacked the legal standing to sue in the first place, records show.

Alarmed by such problems, judges in Arizona, California, Florida, Louisiana, New Jersey, New York and other states have quashed hundreds of lawsuits.

“This is robosigning all over again,” said Robyn Smith, a lawyer with the National Consumer Law Center, a nonprofit advocacy group, referring to the way that banks, at the height of the mortgage crisis, brought thousands of foreclosure lawsuits without reviewing the underlying paperwork.

Assembly-Line Reviews

From the outside, the squat, industrial office park in Norcross, Ga., is unremarkable, just another in a stretch of low-hung buildings along a road dotted with pines.

Inside, Transworld’s litigation machine cranks out the paperwork for thousands of lawsuits each year against borrowers who have fallen behind on their student loans.

The process for producing legal filings runs like an assembly line for making widgets. Transworld employees review 30 or 40 borrower files in a typical day, according to testimony from Bradley Luke, the company’s senior litigation paralegal, during a deposition in June.

When an affidavit, a legally binding statement laying out evidence in a case, is needed, Transworld’s software automatically fills in details like the amount owed, according to Mr. Luke’s testimony. From there, a document production team finishes preparing the file, then hands it over to an “affiant” — typically a low-level employee with no legal training — for a review and signature.

The affiants are a critical link in the litigation chain, swearing in many cases that they had “personal knowledge of the business records,” according to court records. But Transworld’s employees did not have personal knowledge, the consumer bureau said in its complaint against the debt collector.

Other companies had created the records reviewed by Transworld employees. Those workers, the consumer bureau said, did not know how the data was maintained and whether it was correct. Even so, employees signed the forms “for fear of losing their jobs,” according to the bureau’s complaint.

The hasty review process obscured defects. More than 800 cases involved apparent time travel: In those instances, Transworld employees swore that borrowers’ loans had been purchased by investors on dates that were months or even years before the loans were actually made.

Transworld, based in Fort Washington, Pa., said it disagreed with many of the consumer bureau’s accusations. The company agreed to settle the case, it said in a statement, to avoid the cost and distraction of litigation.

The company’s review process “accords with all industry best practices and relevant law,” David Zwick, Transworld’s chief financial officer, said in a statement to The Times.

Transworld “processes thousands of affidavits, and while our error rate is exceptionally low, we believe that any mistake is unacceptable,” Mr. Zwick said. “We will continue to regularly review everything we do in order to ensure the highest standards of quality control.”

Lisa Kyser, in Pataskala, Ohio, said she got tangled up in one of Transworld’s mistakes. She took out half a dozen student loans as she juggled her college studies with full-time jobs, but she thought she had all of them under control.

In June 2016, Ms. Kyser got a summons notifying her that she was being sued for falling behind on a $12,000 loan made in 2006. Two weeks later, she got a second summons also seeking payment — to a different creditor, for a different amount — on the same loan.

“I called the opposing counsel from both firms and said, ‘You can’t both be right,’” said Emily White, a lawyer in Columbus, Ohio, who represented Ms. Kyser.

The cases lingered for five months, while Ms. Kyser racked up legal fees. In the end, after her lawyer continually pestered them, the law firms that sued Ms. Kyser — both working for Transworld — withdrew the cases.

Courts Digging Deeper

The stacks of legal documents Transworld prepared in that Georgia office park made their way to courts across the country.

Many of the cases sailed through, unchallenged. Borrowers often do not fight collection lawsuits, which allows the creditor to win by default.

Even when defendants did respond, some judges brushed off their objections. In Miami, a law firm working for Transworld brought a lawsuit last year against Antonio Fuentes, seeking payment on a $13,356 student loan. With interest and fees, Mr. Fuentes now owed $25,322.31, according to the complaint.

Mr. Fuentes, representing himself, admitted that he had taken the loan but disputed the amount he was said to owe. A Transworld employee swore in an affidavit that the tally was correct. The judge sided with Transworld and ordered Mr. Fuentes to pay the full amount.

“The courts are often not sympathetic to these cases,” said N. James Turner, a lawyer in Orlando, Fla., who represents borrowers. “Many judges take the attitude: ‘I paid my student loans. You ought to pay yours. Don’t give me this nonsense about technicalities.’”

But some judges are starting to raise questions about collection cases.

Last year, a California appeals court cast doubt on the company’s affidavits. Employees of Transword, then known as NCO Financial Systems, were not “personally familiar” with the records they swore were accurate, the judges wrote, and therefore could not vouch for them in court. The case was tossed out.

It’s not just debt collectors facing judicial skepticism, but also the creditors themselves.

A New York judge questioned whether Navient, the nation’s largest owner of private student loan debt, had a right to collect on some loans at all in the state.

At the center of that decision was Stefanie Gray, who fell behind on $36,000 in private student loans from Navient, with interest rates as high as 14 percent.

Ms. Gray, 29, said she pleaded with the company for relief, but it would not budge. “I could barely pay rent, and was on food stamps at the time,” she said. Unable to keep up with the ballooning debt, she defaulted.

Navient filed four lawsuits against Ms. Gray in 2013. With help from Kevin Thomas, a lawyer with the New York Legal Assistance Group, a nonprofit organization that helps low-income residents, she fought back by challenging the creditor’s standing to sue in New York courts. Navient’s student loan trusts — the investment vehicles that owned her debt — had not registered to do business in the state, she claimed in her legal filings.

Judge James d’Auguste of the New York State Supreme Court’s civil division in Manhattan agreed. He dismissed all four lawsuits, on the grounds that Navient’s trusts did not have standing to pursue the cases.

A justice on the New York State Supreme Court ruled differently last year on a separate case that raised the same defense. He denied a dismissal motion and said that the standing of Navient’s trusts to sue should be addressed at trial. The case is still pending.

Patricia Nash Christel, a spokeswoman for Navient, declined to comment on specific cases.

“We pursue litigation as a last resort for a tiny fraction of individuals — less than 1 percent of defaulted private education loan borrowers — and each case is individually reviewed and prepared,” Ms. Christel said.

A Brawl Brews

The consumer bureau’s action against National Collegiate and Transworld was intended to sideline the aggressive litigators.

Under the settlement terms, National Collegiate would be forbidden from collecting on the judgments its trusts have already won, or bringing any new cases, until it had completed an audit of the paperwork underpinning every single one of its 800,000 loans — an expensive and time-consuming slog.

But the deal, struck in September, may be falling apart.

The settlement requires court approval, usually a rubber stamp when both sides have agreed to the terms. The case was submitted to the United States District Court in Delaware.

The trusts’ beneficial owner, Donald Uderitz, the founder of Vantage Capital Group, a private equity firm in Delray Beach, Fla., approved the agreement with the consumer bureau. Within days of its announcement, though, seven other parties involved in or working for the trusts, including Transworld, filed motions asking the court to reject it.

(The separate settlement that Transworld reached with the consumer bureau did not need court approval. It has already taken effect, although it does not prevent Transworld from hiring law firms to file debt collection cases.)

Until the court sorts out the dispute on National Collegiate settlement — which could take months, if not years — most of the deal is blocked from taking effect. That means that Transworld can continue bringing new lawsuits for National Collegiate against borrowers behind on their student loans.

In Ohio, Ms. Kyser’s home state, law firms acting on Transworld’s behalf have already filed at least 30 new collection cases in the past month.

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