ANOTHER CLASSIC EXAMPLE OF WHY I BELIEVE YOUR PROMISSORY NOTE WAS SHREDDED …

OP-ED — The author of this post is a consultant to attorneys in quiet title actions and foreclosure defense matters involving chain of title. However, in this particular instance, I accidentally stumbled upon this federal circuit ruling that merits consideration as to why I believe that your MERS-originated mortgage loan NOTE (and potentially your security instrument that went along with it). You can read it here:

first-am-bank-v-fed-res-bk-of-atlanta-et-al-7th-app-cir-no-16-1122-nov-22-2016

I customarily do not read the entire piece of litigation unless there are specific things regarding real property law I’m looking for; however, in this case, I found some interesting UCC citations specific to Illinois that were referenced by the 7th Circuit Court of Appeals (which I deem fairly conservative in their holdings on cases), in extrapolating what further happens when physical paper is converted into electronic paper, as noted here:

“…banks would drown in paper”

In this particular suit brought by First American Bank, it accused Citizens Bank of destroying a check; in other words, a spoliated (an albeit fraudulent) check, as it had been honored and then “truncated”.  This term (in quotes) is important to understand. To clarify, I’ll use the Court’s own wording in the suit:

“The Federal Reserve Board’s Regulation J, 12 C.F.R. § 210.6(b)(3)(i)(A), provides that when a Federal Reserve Bank presents an electronic check (such as the check drawn on First American) for pay- ment, “the electronic image … [must] accurately represent[] all of the information on the front and back of the original check as of the time that the original check was truncated.” By “truncated” is just meant that an electronic image is substituted for the original paper check.” Id. at 3.

Since your mortgage promissory note is also considered in the realm of debt as a negotiable instrument (even the banks will agree with me on this), the MERS® System relies on the conversion (or truncation) of the note into electronic form in order to be stored on its system. However, you and I both know that MERS does not do the conversions, right?  The users of the MERS® System do the conversions and then upload those conversions into individual files within the database known as Mortgage Electronic Registration Systems, Inc.  That is what this database was created for, for the storage of electronic files.

Now for the truth of the matter … here is the Court’s own wording:

“There is no duty to retain paper checks after an electronic substitute has been made—otherwise banks would drown in paper—provided there’s a record of the contents of the paper check, as there is of course in this case; we know what the electronic check omitted, and knowing that, we know the information that the original, the paper check, contained.” Id at 5.

I hope you caught the highlighted phrase as to my realization that spoliation of the original note and mortgage (or deed of trust) happened in all MERS-related cases.  When you compare how banks used to do business, when you borrowed money from a bank, they would issue a check payable to the seller on your behalf, store the hard documents in their vault … and at least you’d know WHO you were making your payments to every month.

Caveat to this story …

There was also another interesting notation I picked up on while reading through the opinion of the Court:

“Some information that was on the original check was missing from the electronic version, but unavoidably so be- cause it was information consisting of characteristics of the check, such as watermarks, microprinting, or other physical security features that cannot survive the imaging process,” and their absence from the electronic image, being inevita- ble, was not actionable. See Regulation CC, 12 C.F.R. Part 229, App. E, § 229.51(A)(3).” Id at 3

If you continue reading onto page 4 of the Opinion, First American Bank could have demanded a “substitute check”, which is a paper printout “is deemed the legal equivalent of the original paper check.”

The foregoing statement would clearly tell me that a challenge is necessary to all promissory notes contained within the MERS® System because there is no “paper printout” or “substitute check” other than a copy of the electronic note downloaded by the foreclosing entity (most likely a REMIC), which in most cases is clearly missing certain items not found within the original note. Let’s revisit one of the previous mentions of items that cannot survive the imaging process.  One of them could seriously be an indorsement on the note, if you consider the current round of “indorsement-in-blank” arguments as to their lack of dating.  This is another one of the key reasons I believe that servicers, working in conjunction with the foreclosure mills, deliberately and purposefully create documents out of thin air for the purposes of manufacturing standing.

Also revisit the statement the Court made about what the electronic image must accurately represent (all of the information from the front and back of a check). Why do you think that when you access your online banking checks, you see both sides of the check’s image?  You never see that with a promissory note, do you?

A promissory note operates just like a check!

It has to be endorsed among the parties to show the custody of the chain of the note; otherwise, someone could come in at a point in time uncertain to a future borrower and attempt foreclosure upon their home because the chain of custody of the note was not preserved, especially in a “failed beta system” like MERS, which relies on its user-subscribers to “do the right thing” in managing their online transfers; however, there is no requirement by MERS that its user=subscribers even use the MERS® System, so long as they sign an executory contract naming MERSCORP Holdings Inc. (its parent), as the “electronic agent” in the transaction.

And you never see MERSCORP Holdings, Inc. anywhere on your paperwork, do you?  Further, once you realize that MERS and MERSCORP require its user-subscribers to indemnify MERS and MERSCORP from all liability for the errors and atrocities in its “system”, you’d also have to believe that MERS and MERSCORP have little (if any) idea what transactions are submitted by its user-subscribers unless they are actually made aware of it.  How then can MERS come into Court and say they have an interest in a promissory note they don’t even know is in their own database (or not) or was traded out of its database, when MERS itself did NOT input said data into the database?  How’s that possible?   Plainly, it doesn’t appear to be the case.

Mortgage States versus Deed of Trust States

Sadly, the difference between the two is that in a Mortgage State, you at least get your day in court.  In Deed of Trust States, all foreclosures are deemed to be legal unless otherwise legally challenged.

So the next time you’re looking at your promissory note that you managed to retrieve from the Servicer in a Qualified Written Request, remember what “version” of the promissory note you’re likely to get back.  If you lost or destroyed your copy of the files you got at closing, we need to go no further because you have no physical proof of any of the items that could or could have not reproduced on the electronic version.  This entire sham process is as bad as the sham check that was tendered to the attorney in this story.

This case does represent a mild test of the Uniform Commercial Code, at least as far as Illinois was concerned.  It merits further analysis by your attorney of record, especially when it comes to evaluating what is and isn’t contained within your promissory note.

How then can allonges (as well as indorsements) be attached AFTER the note has been scanned and uploaded into the MERS® System?  I don’t see too many attorneys revisiting that angle. Even though I predominantly deal in chain of title issues, this case tells a story of proportions equal to the sum of many promissory notes and merits further research for your understanding into the flow of promissory notes and what you’re actually presented with in Court, especially when MERS is involved.

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NINTH CIRCUIT APPEALS COURT CANCELS MERSCORP V. ROBINSON ORAL ARGUMENTS! UPDATE!

BREAKING NEWS — The U.S. Ninth Circuit Court of Appeals has just sent notice to all of the attorneys of its decision to cancel the hearings on December 8, 2016 in the matter of MERSCORP Holdings, Inc. et al v. Dan and Darla Robinson.  Here is the notice that attorney Al West just received from the Court:

***NOTE TO PUBLIC ACCESS USERS***

Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing.

United States Court of Appeals for the Ninth CircuitNotice of Docket Activity

The following transaction was entered on 11/21/2016 at 1:05:28 PM PST and filed on 11/21/2016

Case Name: MERS, et al v. Daniel Robinson, et al
Case Number:   15-55347
Document(s): Document(s)

 

Docket Text:
Filed clerk order (Deputy Clerk: WL): The Court is of the opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted without oral argument on December 8, 2016, at Pasadena, California. Fed. R. App. P. 34(a)(2)(C). [10204835] (WL)

Notice will be electronically mailed to:

Mr. John Owen Campbell, Attorney
Honorable Philip S. Gutierrez, District Judge
Mr. John Owen Murrin, III
JoAnn T. Sandifer
Ms. Mary Kate Sullivan
USDC, Los Angeles
Al West

 

OP-ED — Now for the speculation as to why the 9th Circuit cancelled the hearings.  Here is some of the scuttlebutt floating around:

  1. “Someone got to the Chief Judge.”
  2. The Court was worried that the room would be packed full of cheering homeowners in favor of the Robinson’s and that this powder keg would bring crowd control issues the Court didn’t want to have to deal with.
  3. The political tide is shifting in favor of the banks with the election of the Donald.
  4. Ipsa Res Loquiteur.
  5. Certainly NOT because I was going to be there.
  6. MERS and MERSCORP own the Courts too!  (example: See Minnesota, “MERS Statute”)
  7. No matter what the 9th Circuit rules, they already know this case is going up to the United States Supreme Court.
  8. Rioting in the streets; protests in front of the 9th Circuit.
  9. Appellate Judges don’t want to hear the truth either.
  10. MERS attorneys were afraid that Al West was going to blow them out of the water … someone made a phone call.

Whatever the case, you can bet that both sides are going to wait the 4-6 months for the ruling.  Prep will start now in anticipation for taking whatever ruling the 9th Circuit issues up to the U.S. Supreme Court.

Calling all Superlawyers! 

Now’s your chance to shine!   Please email me at cloudedtitles@gmail.com if you’re interested in putting forth an amicus brief that further eviscerates the MERS business model!   If you have any dirt on the former AG (Holder), now’s the time to spill the beans on his allegiance to MERSCORP (his client at Covington & Burling) and the banks!  There are a lot of pissed off homeowners that aren’t going away any time soon … this case is being watched by the judiciary all across America!

FIRST UPDATE:

Here are comments from Fred Isaacs, an attorney with Jurisconsult, LLC in Lake Oswego, Oregon on the 9th Circuit’s decision NOT to hold oral arguments in the Robinson case: 

Speaking historically, it’s usually been a bad sign for an appellant to have a case submitted on the briefs — but as we both know, appellants always have an uphill battle in the appellate courts.  For the enumerated reasons set out below, this old historical rule may no longer mean much, if anything.  Moreover, it may be worth reminding the Robinsons what has been said about their appeal from the get-go.  You and I have consistently made clear to them that they have a viable appeal, but that simply means it has a fair chance of success; i.e., it’s not meritless, much less frivolous, but it does not mean it’s a slam-dunk win.  As you and I both know, only in 10-weights do the appellants have an edge over appellees; in all other appeals the appellees have the edge, and at best the Robinsons’ appeal is a 5-weight.  We have also been honest about telling them their chances of winning — at best one-in-three.  It might be worth reminding them that the odds were always against them, and nothing has changed on that front, oral argument or not.

Nevertheless, there are a few signs that might point to a little cautious optimism.

First, the appellate courts are hearing oral arguments less often than they did even five years ago.  This is largely a reflection of the fact that the number of appeals filed annually has more than tripled since the number of judges sitting on the Ninth Circuit was last increased — during the Carter administration.  In other words, the same number of judges are processing three times as many appeals: so, fewer cases get oral argument, and those that are argued get less time.  I myself am repeatedly seeing most 3-weights, and many 5-weights, being submitted on the briefs, something that just wasn’t done when I was with the Court.

Second, because more and more MERS cases are wending their ways through the federal courts, it is possible — indeed, likely — that the judges are aware of the factual and legal problems posed by these cases and may be looking to stem the tide by making a few definitive (?) rulings.  Oral argument isn’t necessary to do that.

Third, these MERS cases — despite their sometimes very ugly facts — really do present the courts with nearly pure questions of law.  Such appeals don’t need oral argument unless the Court is being asked to take a major step, e.g., overturn a long-standing law or declare something unconstitutional.  That isn’t our situation.

Fourth, most judges will admit — in private, anyway — that oral argument rarely changes their minds.

So, while I’m definitely not happy that this case is being submitted on the briefs, and I don’t view it as a good sign for us as the appellants, I’m not as pessimistic about our chances as I’d have been a few years ago.

Now that I read this back to myself, it may sound slightly dark, but I’d prefer to think it “realistic.”  I’d still put the odds at somewhere between 2:1 and 3:1 in favor of the appellees, but the fact that the case isn’t being argued doesn’t tip the scales any farther in their favor.

SECOND UPDATE! 

I made the previous comment that the judiciary across America was watching this case?  It appears (from one judge, who I am NOT going to name here because MERS reads these posts) who has researched PACER, the federal document custody and retrieval system), that something is “highly suspicious” with the cancellation of these hearings because upon this judge’s review of PACER, no actual “panel” was disclosed or appointed to hear the oral arguments that was cancelled in the first place!   My sources are checking further into this matter because for something like this to occur, because the Clerk of the 9th Circuit Court of Appeals released the Order canceling the hearings.  The chief judge is supposed to “sign off” on these documents, yet there is no signature of anyone in virtual authority doing this.  There is no indication as to who is actually reviewing these documents and there certainly isn’t any “person” of authority that has come forward to (other than the stated reason given) reveal why the cancellation came three weeks out and not just days prior to the oral arguments.

My sources also tell me that this case is a real “hot potato” for the 9th Circuit.  Most of the states (as I’ve previously cited) are split on what MERS can and cannot do.  This I know for sure (and it would surely follow that IF I were to author an amicus brief to the U. S. Supreme Court, based on my research) … there is NOTHING (as to specific language) in any deed of trust or mortgage that allows MERS to:

Assign a mortgage or deed of trust from Party A to Party B

The language contained ONLY in the first few pages of standard Uniform Fannie Mae/Freddie Mac Security Instruments relative to MERS says that MERS can only (a.) foreclose and sell the property (which it is NOT now doing because of all of the litigation it has had to defend for doing so); and (b.) release and cancel the Security Instrument.  There is NOTHING in the language of the contract that specifically says MERS can assign anything.

Get noticed of anything

If you look in Paragraph 15 of most standard Uniform Fannie Mae/Freddie Mac Security Instruments relative to MERS, the only parties entitled to “Notice” is the Lender and the Borrower.  This was succinctly pointed out in the Ditto decision in Tennessee, which you can refresh your memory on by reading here: MERS v DITTO_TN Supreme Court rules against MERS!

The other issue you have to also take into account is that MERS could have gone into state court to open up the Quiet Title Judgment that Al West secured for the Robinson’s, yet it did NOT exercise that right, probably because it didn’t have any idea that the case was ongoing.  The Shin case out of New York clearly noted that MERS is never aware of the transfer of any notes, so how then can it react and file lawsuits when it is not a party to the note?

Also to consider is the fact that if MERS wasn’t noticed doesn’t really mean anything.  If MERS WAS actually a named Defendant in the Quiet Title action, which in the Robinson case it was not, that would surely indicate that all claims MERS might have against the property are still on the table because MERS WASN’T NAMED!   MERS does not care about this fact however.  Nope.  Instead of leaving things status quo and biting the bullet on a case or two, MERS decided to jump into the fray and challenge a quiet title action by “forum shopping” (taking the case to federal court based on diversity jurisdiction and the value of the home, which exceeded $75,000, which must occur for diversity jurisdiction to be upheld) based on unproven harm to its business model.  At no time have I seen any proof of HOW MERS business model is harmed, with an exact dollar figure.

If MERS doesn’t suffer injury per Restatement of Mortgages, Third § 5.4, then what damage can be proven?

Enter: The MERS Rider

This 4-page Rider (attached here: mers_rider) is what is going to trap the homeowner in virtual hell.  I can tell you with a certainty that the title company will glaze over this document at the closing table (because the title companies ARE IN ON THE MERS SCHEME … and that’s exactly what it is, a scheme).  I have made numerous comments about this Rider in the past, which you can look up on this blog, so there is no need to waste your time restating everything again. Signing one of these will: (a.) bring title issues to your chain of title; and (b.) put you in proverbial legal hell if you ever stop making your mortgage payments!

If it was me, and I was handed this “Rider” at the closing table, I would get up and walk out of closing.  Knowing me, I’d get in trouble for giving the escrow agent a black eye for even pulling this document out of a file and insisting I sign it.  As pointed out in the Ditto decision, there is nothing stated past the first couple of pages of a mortgage or deed of trust that says (vaguely) what MERS is and what it’s entitled to do, because the framers of that document DON’T WANT YOU TO KNOW about MERS, so they bury it in the document.  That in of itself should sour your taste from borrowing money from mortgage companies … especially mortgage companies, who say they can get you low interest rates (I’ll bet you MERS is involved in it up to their necks).

My amicus brief

If I was able to get my amicus brief before the U. S. Supreme Court, you can bet I’d point out the research in both land record reports I issued.  While MERS put out a full-page ad in the Austin American-Statesman in the first instance, when the OSCEOLA COUNTY FORENSIC EXAMINATION came out, things got quiet in Reston, Virginia (probably because MERS’s attorneys told the MERSCORP hierarchy to “put a sock in it”, so as not to drag MERS into a perpetual criminal foray). There are a lot of things for the nation’s highest court to consider … and I can tell you, MERS and its parent will fight like hell to keep their “fatally flawed business model” alive at all costs.  How do I know this?

A federal court clerk (in charge of handling docketing for pro se litigants) in the 8th Circuit was fired for hiding and delaying the filing of one pro se litigant’s paperwork after two other employees witnessed a bribery of said clerk on the street corner by what the witnessing clerks described as a “Bank of America junior lawyer”.   This is corruption at its finest folks.  The federal judiciary should be concerned and should be more open about this type of behavior because America has already gotten a bad taste in its mouth of the “status quo” and voted for change. Our court system is the last resort of sanctity for fairness and equity and if that portion becomes corrupted, nothing else matters except Patrick Henry’s famous saying about “the blood of Patriots and Tyrants”.  As to this, I believe the judiciary is fully aware.

More to come as details unfold in this high-profile case!

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IF YOU ARE FACING FORECLOSURE, YOU SHOULD READ THIS!

NOTE: This post is only for the 95% of the homeowners who plan on vacating their homes as the result of pending foreclosure actions.  Don’t bother reading this post if you’re not one of those homeowners. 

So, you got a foreclosure notice in the mail?

You may be exploring this blog site for the first time.  Why?  Because you are behind in your mortgage payments and you’ve just received a Notice of Default and Sale (or a dunning letter from a law firm threatening foreclosure, claiming default and/or acceleration).

That sinking feeling …

You are not alone in your thinking.  In fact, millions of Americans have received this type of correspondence in the mail or tacked up on their door.  95% of those receiving such notices (of which you may qualify) know that their days of residence in their home is now limited because they are fully aware of their mortgage deficiencies.  Many have lost their jobs, have suffered a serious medical emergency or even have become underemployed.  Whatever the case, having no money means giving up and running away from your problem.

The bank is counting on it! 

Let’s face it … it’s a numbers game.  The mortgage servicing companies handling your loan payments and paperwork know this.  They know that 95% will capitulate and move out willingly.  This violates the terms of the security instrument.  Thou shalt not abandon thy residence, for insodoing ye shall do so at thy peril.  The fact that the mortgage payments can no longer be paid means the end of the line for many Americans. They have lost hope in surviving the legal system and start packing.  They can’t afford to hire an attorney, let alone make the payments and leaving is the ONLY option.  Many see serious legal trouble on the horizon and plan for what I call a strategic default.  I describe this in the book Clouded Titles.   If this is you, I want to hear from you!

Your lack of faith (or finances) in saving your home creates future legal problems!

What happens to your house when you leave?  There are a number of things that could go wrong without you even being there.

  1. When you move out, you still owe the payments, along with any deficiencies and service charges tacked on by the servicer.
  2. The yard becomes neglected.  That is the first sign of trouble to vagrants, druggies and homeless people.  They would love to simply move in and squat on your premises.
  3. You are still personally liable if anyone gets injured on your property.  The banks do not take title to the property until they’ve about got the home sold.  Many banks transfer title because a foreclosure has occurred and this leaves the new owner with the issues rather than the banks.
  4. The area you live in becomes blighted, creating tax deficiencies for the county, who depends on your property taxes to exist.
  5. The home itself, which many Americans have invested time and money fixing up and “making it their own”, starts to deteriorate and becomes economically stressed, losing value rather than gaining value.

The banks are counting on you simply walking away, because the party coming to claim your home may not be legally entitled to it! 

As mad as that may make you (some of you may have done some research on the Internet and have come to realize this), most of the foreclosures that occur in the United States are illegal because the paperwork is missing.  Sure you can stay in the house until the Sheriff kicks you to the curb, but the title is still screwed up.  Rather than succumb to this embarrassment, you decide to pack up your things and get while the getting is still good.

In the alternative, if you elect to do a short sale, the bank (actually, it’s the servicer) directing the activity may not be entitled to even authorize a short sale of your property!  Still, there is nothing you can do about it.

If you are one of these 95% that intend on moving out of your property, please contact me to discuss options at cloudedtitles@gmail.com.

 

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NO FREE HOUSES? THAT GOES FOR THE BANKS TOO!

Op-Ed (… meaning the opinions expressed herein are that of the poster and should not constitute the rendering of legal advice!)

One of the key opportunities that homeowners in Florida should be aware of is the chance to observe “how the other side thinks”, especially in the most recent Florida Supreme Court decision in Bartram.  See the opinion here if your mind needs refreshing: bartram-v-us-bank-na-et-al-fl-sup-ct-no-sc-14-1265-nov-3-2016  If not, keep reading, because there’s the “other side of the coin” that isn’t being discussed.

For the purposes of this discussion, I included two recent posts, probably designed by law firms representing the banks, to gloat over the recent decision and surmise what was and wasn’t answered in the Supreme Court’s ruling.  You can read those posts here and surmise what the bank’s attorneys are now thinking:

no-free-houses-florida-supreme-court-approves-fifth-dcas-bartram-decision-and-extension-of-singleto

no-free-house-in-florida-balch-bingham-llp-jdsupra

If anything was meant to get you “off track” on rightful thinking, it would be this case!  Why?

It doesn’t matter whether Florida even has a statute of limitations available, because only those who can actually prove they own the loan have the right to enforce the terms of the mortgage!  Why this case had to even develop into what it was is beyond comprehension.  Even the attorney litigating this case told me that the Nash decision would be reversed, because, that’s just the way the courts are around here.

So the real issue rises to the level of scrutiny … standing.   Rightful thinking should be based on any Florida homeowner’s understanding of jurisdiction.  A court cannot rule on a case when an alleged party to the case (the complaining bank, servicer, etc.) cannot prove that it has a right to even file the complaint in the first place!

When the alleged aggrieved party cannot prove it has possession of the note … 

Nine times out of ten, Florida Circuit Judges don’t give a shit … they give your house to the bank because you owe someone and why would this bank file a foreclosure complaint if they didn’t own it?

Because it’s easy to steal someone’s property in Florida!  … and that’s no joke, folks!  

Here’s how they do it:

  1. Servicers analyze properties that have been sitting idle in the securitization pools without payments being applied (no matter whose fault it is).  They don’t care whether or not other sources of income (like credit default swaps, default insurance … PMI, LPMI, etc … shared loss agreements with the FDIC) are applied to the bottom line or not; so the loan number is flagged and further scrutinized.
  2. Servicers’ IT departments then dig up as much information as they can to see who and when the last time the property was attacked via a foreclosure complaint. The Bartram decision now gives lenders and their servicers the right to as many “bites at the apple” as they want.  They will flag and further scrutinize loans where cases have been dismissed (it doesn’t matter whether the homeowner won or not, voluntary, involuntary or through summary judgment) and place them in a “pending litigation” file.
  3. The servicers then enlist the help of the major title companies and foreclosure mill law firms to review and analyze what was wrong with the cases that were dismissed. They will check into the status of the note, who might possibly own it, whether the note was lost (or shredded), what assignments have been filed in the real property records where the property they want to steal is located and what actions might be needed to correct the issues to make it easier to convince a judge to allow them to steal the property. After all, why would a judge who is drawing a pension steeped in RMBS-type securities even think about siding with the homeowner, especially in Florida?
  4. The servicers then employ the major title companies and foreclosure mill law firms to “take corrective measures” to move the foreclosure cases forward (vis a vis David J. Stern “procedures”), like: (a.) manufacturing fraudulently-misrepresentative assignments of mortgage that assign the mortgage and note (often using MERS, whether MERS is involved or not) to the “servicer” or new “lender” whose intention is to come in and foreclose on the property; or in the alternative, (b.) to direct the manufacture of said document(s) by the servicers own teams of “robosigners” and “robonotaries”, like those situated in Palm Beach County, Florida.
  5. The servicers then cause the phony documents to be filed in the real property records where the property is situated and then direct the foreclosure mill law firm to start sending notices (following the notices being sent by the servicers to the borrowers).  It doesn’t matter what the alleged “default date” is … because they keep changing it … and thanks to Bartram, nothing else matters.
  6. The foreclosure mills then look at the promissory notes to make sure there is at least an “indorsement-in-blank”, so they can claim that entitles them to foreclose on the property. This, despite the fact the “indorsements” are undated, which prove no effective date of transfer. It doesn’t matter, because whatever the argument that might come from the homeowner or their attorney, the bank’s attorney can simply say, “They just want a free house, your Honor!”, just to piss off the judge!

The homeowner, who by this time has done some Internet research, has deemed himself “entitled” to a free house because a “fraud” was committed against him.  However, the fighting homeowner is living in the house (still) and the judge knows this, which makes the crime against the homeowner even worse in the judge’s mind.  Whether or not the claims made by the lender are factually based, all they have to do is show up with manufactured documents, claim some REMIC trust owns the property, and they rely on the judges to do their bidding.  After all, the judge doesn’t want the banks to “bankroll” his opponent in the next election, so, “what’s fair is fair”:

  1. The homeowner borrowed the money.  It doesn’t matter where the money came from (e.g., out of thin air-created-credit, interim funding lender, REMIC investors, etc.), the homeowner’s loan was funded.
  2. The homeowner got something of value.  Namely, the home they’re living in.
  3. The homeowner hasn’t made his payments.  Regardless of the fact that the burden of proof is on the lender to prove the homeowner is in default, the judge starts asking the questions of the homeowner/borrower to help the bank’s attorney prove their case.  The ill-informed homeowner and/or their attorney doesn’t know HOW to answer the judge’s questions, mostly out of fear.
  4. The lender is getting screwed and is therefore entitled to the house.  It doesn’t matter whether the note is credible or not.  The fact it is attached means something to the judge.  95% of the time, the judge is not going to ask any questions because the Florida Supreme Court has directed him to “get the case off his docket”! and
  5. No matter how many times an attempted foreclosure has taken place … and no matter how many times that case may have been dismissed (for whatever reason) … the lender(s) get multiple bites at the apple.  Some party is eventually going to end up with the property, while draining the homeowner of available funding so at some point, the homeowner can’t fight back. The servicers know that it’s a “numbers game”.  95% of homeowners in Florida “run away” when served with a foreclosure complaint.  The other 5%? A percentage of them will spend thousands of dollars (after reading stuff on the Internet) hiring a lawyer that is ill-prepared to defend the foreclosure and believes the same thing as the bank is alleging (“you owe somebody”) and (“no free house”).  A small fraction of that 5% are prepared financially to appeal the case, which could result in a reversal of their foreclosure.

But no matter … with Bertram, banks get more and more bites at the apple … with more phony documents and fabricated arguments relying on those phony documents.  No one will prosecute those phony documents to stop this nonsense from happening over and over again, so the judge’s dockets keep getting jammed up with foreclosure complaints … a scenario created by the Florida Supreme Court itself, who then issues mandates to clear the dockets.  This creates new bad case law upon new bad case law, to where “standing” is the only viable counterattack available to homeowners.

As nice as the Sunshine State is to live in, why would anyone want to buy a house here, knowing that:

  1. The legal odds are that the chain of title is all F**KED UP on 90% of the properties!
  2. Because it’s the Sunshine State, there’s a desire for more investors to buy these properties; thus, burying the frauds committed by the banks and their servicers deep within the F**KED UP chains of title.
  3. Prosecutors (who like being in power) don’t want to prosecute document manufacturing frauds because “that would be bad for business” because we need more banks operating out there to take advantage of homeowners, giving them loans they’re not entitled to, just because they can.
  4. Homeowners don’t understand that when you borrow money from a bank, security instruments guarantee that “someone” can steal the house down the road, whether you’ve made your payments or not.  There are cases in Florida where banks have attempted foreclosure on homes where the homeowners borrowed nothing … they paid cash for the house!
  5. Living in Florida may be really nice, except when you have a bank riding your ass all the time! Still thinking about moving here just because medical marijuana has been legalized?  Think about where you’re going to live, because only a certain percentage of Florida homeowners will be able to leave an estate to their children, largely due to the fact that foreclosure mill law firms need something to do to stay in business, whether they’re entitled to a “free house” or not!  Most people move to Florida because of estate planning advantages, except when there’s a “subject to” riding on a mortgage loan or a reverse mortgage.  This is the financial raping of America folks!

If the government can’t (or won’t) deal with the foregoing issues, in any state for that matter, what makes you think your life is “secure”.  Security is only perception that your living conditions are unchecked by some bank, because when banks don’t know who owns what, your living conditions could be disrupted.  So, even if you paid cash for the house, decisions like Bartram are irrelevant and take a back seat to standing issues.   You should simply come to the understanding that banks can do whatever they want in Florida, including fund judge’s retirement pensions with accounts laced with residential mortgage-backed securities!  What a conflict of interest, eh?

99% of the time, whether you have the funds to fight the banks and their servicers in court, YOU are probably NOT the party who’s going to end up with the “free house”. Until judges put the screws to these banks in court, or the law firms and the servicers that manufacture the phony documents get sent to prison, it’s going to be “status quo” in Florida … and elsewhere across this damaged America.

I don’t care who you voted for.  When are you going to wake up and realize that BOTH SIDES OF THE AISLE (in Congress) are responsible for the mess you’re in?  It doesn’t really matter WHO the Chief Executive is, does it?  The power elite in DC have this country right where they want it, because now everyone’s arguing over who should be in the White House … again, distracted from the real truths!

Pretty soon, you’ll be so distracted you won’t be able to see the real enemy coming.

If you want change, stop borrowing money from banks!  Let’s see how long you can survive without altering your lifestyle.

 

 

 

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Filed under Financial Education, Op-Ed Piece

AND THE WINNER IS …

BREAKING NEWS — (with a little Op-Ed thrown in for good measure) … 

Those bumbling “talking heads” … 

The “talking heads” of all the major media networks were tripping all over themselves (during election night coverage) trying to “save face” for the “talking down” on one candidate in favor of another.

No matter.  If I was president, I would make sure that every media mouth was accounted for and access to the White House would be a major “hoop jumping” to get a media credential. Our U.S. media cannot be trusted with reporting the truth.  Our U.S. media likes to “invent” news (or hadn’t you noticed?) instead of really investigating and reporting the truth (and not as they see it), the whole truth and nothing but the truth.  The outcome of the election clearly left the media machine speechless, faltering on-mic for comment in an attempt to backpedal on their foolish pre-election hoopla. I shut the TV off at 2:15 a.m. and decided to wait for the early morning voting results to filter in.

Clearly however, I think both conservative and moderate American taxpayers have risen up and seriously spoken in favor of change away from the “status quo”.  That “status quo” includes Wall Street control of this country.  However, other changes that manifested themselves last night were overshadowed by a surprising upset by The Donald.  We now have a House and Senate that have a Republican majority under a Republican President.  As I said earlier, regarding the lesser of two evils, many of the facets of the Old School System are still in place, including the banking cartels and their influence in Congress.  The only thing that can make a difference is a presidential veto when the laws coming forward are clearly wrong.  Sadly, the “rank and file” are still in position to make pro-bank laws, in conflict with what the majority of the American people plainly stated in their popular vote. Until the American taxpayers actually make a change in the way they do business, the rank and file will continue to make their lives miserable.  Also keep in mind that the socialist vote (those who voted for Hillary) still went to the polls and voted for socialism.  They will still be a force to be reckoned with in the shallowed halls of Congress.

The voice of the people was heard in Osceola County, Florida! 

One thing is for sure however … Armando Ramirez was re-elected as the Clerk of the Circuit Court for Osceola County, Florida by well more than a slim margin, despite the rantings of the media about conducting a Forensic Examination of his official real property and court records.

050113_armandoramirez osceola-clerk-tally

In many ways, I feel mildly vindicated, as I authored that 758-page Report.  I too came under personal attack from the Orlando Smutinel and other rags and media outlets for something that happened to me over 20 years ago.  I believe that the people have faith in Mr. Ramirez and his poll numbers demonstrated this.  It also says a lot for the numbers that have read the Report and have come to understand the real truth of the matter regarding their mortgage foreclosures.  The bottom line here is that no matter whether you’re a Democrat or a Republican, the voters love you if you do the right thing!  I believe Armando Ramirez stood up to public and political pressure from the corrupt Florida elitists and the local media and told his constituents: I hear you loud and clear!  There is a problem with the land records!  You don’t win elections unless the voters agree with you and it appears that the Osceola County rank and file don’t want to hear the truth … but the people who are affected do!

Mr. Ramirez’s devoted and loving wife Millie also held onto her position on the Soil and Water Board, Seat 4 – Osceola.  Congratulations to them both as they will wholeheartedly serve their constituents for another four years.  And I have a feeling the backlash from the Osceola County Forensic Examination is not over yet. From the looks of the voting results in both of their races, it appears the silent majority included both Democrats and Republicans who believe in the Ramirez’s.  The politically-influenced (by the rank and file) voted against them to no avail.  As Mr. Ramirez stated in the campaign:  “Let Justice flow like a stream, and righteousness like a river that never goes dry.” Amos 5:24

Speaking of “Justice” in Osceola County, Florida, Russell Gibson (D) was elected as the new Sheriff, replacing the outgoing Robert Hansel, who is leaving office amidst the scandal surrounding the investigation of the results (or the lack thereof) contained in the Report; and in retaliation of having to conduct an investigation with deputies tasering an innocent stepson of one of the examiners of the Report.  Mr. Gibson would do well to watch out for those around him (currently in positions within the Sheriff’s Department). It is rumored that Gibson may keep the “rank and file” that investigated the Report in place; in fact, even promoting them.  This would be a mistake if this rumor is found to be true. These “people” demonstrated by their response to the Report, on Hansel’s behalf, that they know Osceola County, Florida may have illegally evicted thousands of homeowners based on fraudulent documents recorded in the Osceola County real property records and then relied upon in court by servicers and their attorneys, who are suspect of committing perjury on the courts, among other things.  The civil liability for these “errors” would be into the billions and they know it.  That’s why Sgt. Toby Hawkins told Al West, the attorney who was present in the February 9, 2015 meeting to “shut up” when Mr. West asked him about potential exposure (meaning civil liability).  Let’s face it folks … filing fraudulent documents is a felony in Florida and no one seems to want to enforce it, for now.

On the other side of the coin, Aramis Ayala ran unopposed and was elected as Florida’s 9th Circuit States Attorney.  Mr. Ramirez has already spoken to her about re-opening the investigation into the allegations made into the Report.  I’m sure Ms. Ayala will not make the same mistake that her predecessor, Jeff Ashton, did.  Oh wait, he was too busy playing around on AshleyMadison.com to investigate the contents of the Report, right?  I maintain that the felonies that were discovered and reported in the Forensic Examination can be found to be continually occurring to this date.  I can come up with a whole new set of allegations if I changed the dates on the search engines in the county land records from June 1, 2014 to June 1, 2016.  I’d find the same suspect fraudulent recordings that would carry with them all sort of felony charges.  It is about time Wall Street and all of the players below it that are assisting in the facilitation of servicer fraud get their just desserts. I still want my time in front of the 9th Circuit Grand Jury.

I’m sorry folks … but the Osceola County Sheriff’s Department is NOT going to get away with their feeble investigative denials.  As the incoming politician, Mr. Gibson should take note.  Any subsequent investigation will probably be taken out of his hands anyway, because the rank and file subordination catering to his office: (a.) think that securitization is like an annuity; and (b.) don’t believe in investigating crimes that could point a finger back at them.  Admitting responsibility for error is simply something that one in power does NOT do.  This is what has divided America and this is what the voters in the majority have soundly made heard by putting a CEO in the White House instead of a Wall Street lapdog. Congress needs to wake up and realize this.  Ms. Ayala’s office is going to have to take the “bull by the horns” and wrestle it to the ground on its own.

On paper, the winner may have been Donald J. Trump.  But the next four years, with the rank and file still in positions of power in Congress, will still be “hell”, only now it will be “hell on steroids” with Republicans holding a majority in both the House and Senate.

The only saving grace is those who are exiting the current administration that were self-serving (or serving a socialist political agenda) … here’s a message from The Donald: YOU’RE FIRED!

Dave Krieger is the author of the books Clouded Titles, The Credit Restoration Primer and The Quiet Title War Manual, all available at CloudedTitles.com

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Filed under Breaking News, Op-Ed Piece