2009-07-27concordmonitor.com

Claims site doesn't seek to protect free speech; is "marginal," not legitimate news organization.

The coverage in this article is actually decent apart from the comments of one Alex Walker, attorney for the Mortgage Specialists, near the end:

Walker said that Implode's status is more marginal. The company didn't adhere to good journalistic standards he said, and can't be considered a legitimate news organization. He also said the company's first reaction was telling. When asked, the company immediately removed the content from its site.

"If it's as big a First Amendment issue as they now say it is, why would they do that?" he asked.

You read that right... Walker is complaining that ML-Implode didn't adhere to good journalistic standards, even though ML-Implode quickly and provisionally took down the objectionable materials to allow for due process and a full finding of the facts (and NOT because MoSpec "demanded" it, as Walker untruthfully asserts). Is Walker arguing that we should have left up the objectionable post and the Loan Chart over his client's objections? That would certainly be interesting -- and can still, at this point, be arranged. We wonder what the Mortgage Specialists would think of their attorneys running around advocating this kind of turn.

The defamatory aspect comes in with Walker's next statement, which implies that ML-Implode doesn't care about defending free speech because it took down the content. But Walker knows from the fact that ML-Implode is appealing the lower court ruling that our goal is to be able to -- legally -- put the content back up. In other words, he has attempted to smear ML-Implode as uncaring about free speech, even though we are continuing the legal fight specifically to make sure we are free and clear to repost all of the contentious content -- for this time and to defend the free speech rights of all future contributors (why else would we go to the trouble? Please someone explain that one.)

In addition, an important point is that there has been no discovery whatsoever, and no finding of facts, which is the key purpose in provisionally taking down any content. If it were indeed malicious or false, we would want to remove it, so our site cannot knowingly be used as a vehicle for undue harm. The plaintiffs, however, have not presented any such evidence in the court proceedings to date.

Addendum: There are other inconsistencies which can only be understood if the purpose of Walker's remarks is to launch defamatory slurs against us that make no fundamental sense.

Centrally, Walker claims ML-Implode took down the content because MoSpec demanded it (which is false). But if this were true, then he should not be criticizing ML-Implode's upholding of free speech or journalistic integrity for doing so.

On the other side of the coin, if Walker believes that defending free speech means ML-Implode should have refused a provisional take-down of the content, then he is tacitly admitting that MoSpec's demand of take-down was itself frivolous and designed to intimidate.

There is no way in which Walker can criticize the take-down and come out smelling like roses. Either his client was frivolously demanding the take-down and seeking to intimidate, or it was the right thing to do on the basis of allowing for due process and a finding of the facts, and not worthy of such criticism.

Indeed, the only facts that seem to emerge from the logically-tortured remarks seem to say something about Alex Walker and perhaps MoSpec's legal representation as a whole.



Comments:

Silence_Dogood at 07:03 2009-07-29 said:
I would like to further comment on the happenings of Mortgage Specialists and my earlier posting. Prior to doing so I wish to thank your organization Implode, for reporting on the facts of the mortgage industry and for creating a forum where the truth may be brought to light without the fear of retribution. Otherwise I may never come forward with the following information. In 2002 Mortgage Specialists opened a new office on Gold St. in Manchester, NH. They did so without receiving the required licensing from the NH Banking Dept. When the banking dept. became aware of these illegal activities they went to the Manchester office to inspect. Upon arriving at the office they asked to see all the loan files that had been closed, processed or applications taken. The office manager asked the banking representatives to sit in the lobby, went into his office shut the door and came back out five minutes later telling the banking dept. all files were in the home office located in Plaistow NH. When the banking dept. left for the Plaistow office the Manchester Branch Manager no doubt after receiving orders from the top, instructed all loan originators to reprint the third page of all loan applications that had the Manchester address, telephone number and fax number on them and to change the address, telephone number and fax number to the Plaistow location. The loan originators were then instructed by the branch manager to obtain signatures on all these loans(estimated 250+) no matter how they had to do it within two hours. Many of the originators were instructed to go out to their cars and forge the signatures. They were threatened with job loss and told they would be personally responsible and receive heavy fines from the NH Banking dept. The Mortgage Specialists at the time received a Cease and Desist Order along with a hefty fine which should all be part of public record. If it is not public record than that should raise some questions. Now the most recent fraud was conducted the same way. Sending the banking dept. on a wild goose chase while stuffing the fraudulent files and files with fraudulent signatures in the shredding bin. This time they got caught red handed. Now lets take a look at this for a moment. The President of the Mortgage Specialists Mike Gill has been fined in a number of major fraud activities with the NH Banking dept. on more than one occasion, has been found guilty for drug possession, drug doping and banned from horse racing for drugs, and has numerous Federal Tax Liens(Rockingham and Hillsborough counties) in the MILLIONS OF DOLLARS for non payment of taxes. I thought the majority of Banking Depts. have now revised their required credit and moral standards for all people conducting business in the field of banking. I don't believe it! How could someone like this hold a banking license? Is the license in his name? If not that should raise some eyebrows. I think its high time someone takes a look at this situation. Just because someone has money and knows who to spend it with, doesn't mean he should be allowed to harm the public or operate outside of the guidelines mandated for all. Or does money really put you above the law?

Your humble servant, Silence Dogood AKA Brianbattersby Permalink

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