U.S. NINTH CIRCUIT REVERSES FDCPA DISMISSAL; CAN’T USE STATE LAWSUIT TO CONFOUND FEDERAL LAW!

BREAKING NEWS — 

While not presidential, the U. S. Ninth Circuit Court of Appeals has reversed a Nevada FDCPA case, declaring in part:

The panel reversed the district court’s dismissal of an action brought against a debt collector under the Fair Debt Collection Practices Act.

The panel held that a debt collector cannot avoid liability under the FDCPA by obtaining the debtor’s lawsuit through a state court writ of execution.

The panel concluded that such a procedure frustrates the Act’s purpose and is thus conflict- preempted. The panel remanded the case for further proceedings.

To read the case, click here: Arrellano v Clark Co Coll Svc LLC et al, 9th App Cir No 16-15467 (Nov 17, 2017)

OP-ED —

Sadly, too many U.S. District Court judges are quick to dismiss debtor claims.  They appear to treat these types of actions as if the debtor is trying to escape debt, which in many cases, is NOT the point.

The first point here is: The debt collector bought its own lawsuit from the Clark County, Nevada Sheriff for $250 in order to avoid the appearance of an FDCPA violation.

The second point here is: The debt collector cannot give the alleged debtor a 30-day notice to dispute the validity of the debt (or any portion thereof) while engaged in litigation that requires a 20-day response (answer).

See Ellis v. Solomon and Solomon, PC, 591 F. 3d 130 – Court of Appeals, 2nd Circuit 2010 – Google Schola (a Connecticut-originated debt collection case) for further clarification on the improper use of lawsuits).

In my opinion, the 9th Circuit did the right thing.

COMING SOON: FDCPA Webinar #3 … Class Actions in FDCPA Claims!  

ALSO COMING SOON: Chain of Title Assessment (COTA) Online Webinar … a one-day, online webinar workshop (divided into (5) 90-minute sessions (all presented on the same day).

Sit in the comfort of your home at your computer and learn how to analyze chain of title!

Learn how to recognize chain of title issues and what the purpose of the various legal remedies are to combat them!

Save time and money by learning to avoid making foolish investments in property that will require exorbitant legal fees to “fix” the title!

Learn how to do COTAs to do your own legal research to save money on attorney’s fees in case development!

Learn how to do COTAs to make money in the future helping others in their “good fight”!

… and BTW, Happy Thanksgiving!  Blessings to you and yours for your health, wisdom and prosperity.

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DESPERATE TIMES MAY CALL FOR DESPERATE MEASURES

OP-ED (UPDATE)

The author of this post is a paralegal and consultant to attorneys in real property and foreclosure matters. Any information or suggestions proffered on this blog are not to be construed as legal advice, nor to they impliedly guarantee any legal outcome or attempt to draw any conclusions of law.  

This Friday night’s radio show on WKDW-FM (97.5 mHz) in North Port, Florida (streaming live on kdwradio.com), November 2nd, 6:00 p.m. EDT, promises to be one of the most informative programs you will hear me broadcast to date on my weekly City Spotlight – Special Edition segments.  It talks about what to do in the face of despair in buying a home after you’ve suffered through financial setbacks and foreclosures.  All of you blog post readers get to have a sneak peek at some of what I’ll be discussing on the show:

After I get done talking about all of the attorney and judicial misconduct, I’m going to cover the following …

Okay, so your credit is screwed up, now what?

First, I will be discussing the setbacks (foreclosures, short sales, deeds in lieu and credit restoration) that a large number of homeowners have faced or are facing.  There are several avenues you can take to correct these setbacks; however, like anything else, they take time … time you might not have.

Fair Credit Reporting Act lawsuits are on the rise!

Hear all of the latest statistics over the past year to date and why! I’ll even cover part of your attack plan …

The Nuclear Option

Many homeowners have opted to take the bankruptcy route.  Not to forget those who thought it was a humiliating experience, you should learn from our Commander-in-Chief, who has companies that have filed bankruptcy on numerous occasions to restructure themselves and are still operating!   I’ll discuss bankruptcy pros and cons (the way the banks think) in some detail, including Chapter 11 reorganization proceedings and how they can work to your benefit … without you even being at risk of having your credit rating tainted or having to come up with gobs of money to play the game!  

Getting back on your feet … 

You would think that many homeowners would have learned through their dilemma how NOT to make the same mistake again.  Surprisingly, many homeowners keep repeating the same mistakes again and again, out of desperation.  I’ll be discussing what the industry considers your opportunity for a “bounce back” … for which I’m providing you with a chart:

Those of you listening to the show can follow along on this chart as I explain it in detail. 

Alternative methods for gaining control of your life … 

Are you suffering from the “Titanic Syndrome”?   Rather than struggle, why not look at your options.  I’ll discuss those “alternative” scenarios in a little more detail on the show!

Sorry … you’ll have to tune in to get the rest of the info, because no one likes reading huge blog posts (apparently).  Click on the above internet link and then click LISTEN LIVE!

This coming Friday night at 6:00 p.m. … join me for City Spotlight – Special Edition (as I always do every Friday night) with guest R. J. Malloy, retired attorney and former clerk to a U.S. District Court judge!  The stuff you’ll hear on this show you won’t hear anywhere else.

Know that on November 2, 2017 … not only is it mass education … I am going to rip the banking industry (and the ever-complicit Big Brother … you know who, the system that’s complicit with the banks!) a new asshole on City Spotlight – Special Edition!

Click the button below for more details!

 

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BREAKING NEWS! SCUMBAG EX-FORECLOSURE MILL ATTORNEY IN CONGRESS TRYING TO AMEND THE FDCPA TO EXEMPT ATTORNEYS FROM LIABILITY!

BREAKING NEWS, OP-ED — 

Three items just crossed my desk that you should be aware of:

FIRST:

Congressman David Trott (of the foreclosure mill law firm Trott & Trott) is “hot to Trott” this legislative session, again trying to proffer amendments to the Fair Debt Collection Practices Act to exempt attorneys from liability.  Here is a pdf downloadable copy of this scumbag’s bill (sponsored only by him): H.R. 1849 (FDCPA Amendments, 2017).

The language speaks for itself and you should be speaking out against it!   Call your Congressperson and Senator immediately and tell them NOT to support this bill.  This bill takes all of the fairness out of debt collection and once again attempts to make it easier for attorneys to break the law!

SECOND: 

If you are facing Bank of America in court during your foreclosure proceeding, you should know that:

  1. Bank of America will likely produce a “robo-witness” to testify against you at trial.

This reporter has just learned from inside sources that Bank of America flies its designated key witnesses to Dallas, Texas to participate in “mock trials”, both jury and non-jury, to run its key “witnesses” through the proceedings to educate them as to what to say and how to say it in order to avoid scrutiny in cross examination.

2.  Bank of America has a “stable” of these “robo-witnesses” who spend little time looking at actual files (potentially the day before they give testimony, or the day of in some cases), working on actual case loads for a considerable length of time in order to gain the experience necessary to truthfully testify that they have actual, personal knowledge of the bank’s business records.

This reporter has further learned that witnesses are ostracized, punished and/or demoted or transferred to an administrative position within the BofA banking structure if they lose their credibility by failing to help outside counsel win their foreclosure case too many times.  Thus, it is reasonably certain that if Bank of America has a stable of whores who fabricate and embellish the truth on the witness stand, it is likely other banks are doing this too and the homeowner’s counsel should focus on the witnesses’ actual training, including time spent in front of a mock jury learning to adequately “testify” (which may have repercussions if they don’t adequately testify) to screw homeowners out of their homes!

Not only are the business records and the personal knowledge of them at risk as testimony, but the process by which these “employees” who do nothing but roam the country on a minute’s notice and do nothing but testify at trials in favor of Bank of America, should be impeached by further cross-examination and scrutiny of their real training … including, WHO trained them, HOW they were trained, HOW they are punished if they don’t “hold up” in court and WHERE they are trained.  These people cannot be believed and this is just one more reason homeowners need to have this information in their arsenal to “fight the good fight”.

NOTE: The people that attended last weekend’s Foreclosure Defense Workshop in Orlando, Florida know more than what you know.  If you didn’t attend, you didn’t find out about our new “secret tactical weapon” that will not only potentially “shut down” any foreclosure case, but force investigations by state bar associations all across the country of the parties responsible for furthering the fraud brought upon the courts across America in 99.9% of these cases! 

Knowledge is power!

Remember the saying, “My people perish for lack of knowledge”

Don’t be one of those people.  “Study to show thyself approved!”

God’s Blessings to you all!

and THIRD: 

Nationstar Mortgage LLC has changed its name to “Mr. Cooper”:

 

Mr. Cooper?  Seriously?  This sounds like the pedophile down the street.  It’s a wonderful day in the neighborhood.

We are also learning that Select Portfolio Servicing has changed its name to “EXCELERAS”!   If you have received notice of this, please email it to me at cloudedtitles@gmail.com.

 

 

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CFPB UPDATE ON OCWEN LOAN SERVICING LLC …

BREAKING NEWS —

For those of you who need clarification on Ocwen Loan Servicing’s “financial position” and “mortgage servicing rights”, please pay close attention to WHAT Ocwen acquired from ResCap and why ResCap had to file Chapter 11.  Here’s the 11-page update:

Update on The CFPBs Enforcement Case against Ocwen Financial Corporation

You can also read (in the last paragraph of the Report) what the status is on the lawsuit filed by the CFPB.

For those of you that have been following my blog posts, also understand that ALL SERVICERS have to comply with REMIC rules if a REMIC is involved in your mortgage loan … that includes ADVANCES!  Please refer to my other article on Ocwen in The Pooling & Servicing Agreement: Why Just Eat Half The Enchilada? 

For those of you that need “clarification” on the duties of the Servicer, please pay close attention to the attachments in the referenced article … especially under the area of ADVANCES.  This might explain more of servicer fraud, as the servicer, by omission, commits fraud on the court by NOT admitting that it has to make your mortgage payments if you fail to do so, under the 424(b)(5) Prospectus regulations (shown in the article, by Ocwen’s own admission), coming into court in a foreclosure proceeding claiming that the investors it represents (the REMIC’s certificate holders) suffered harm, when in fact (PLEASE PAY ATTENTION TO THE DISTRIBUTION DATES IN THE REMIC’S REGULATIONS), the investors have been getting paid all along, as long as the servicer is able to make the payments.  This is even more evident when you read the sentence in the Report issued by the CFPB (attached) which explains WHY ResCap filed bankruptcy!  Sorry, you actually should read the Report! 

You can learn to fight Servicer Fraud at our upcoming Foreclosure Defense Workshop … this weekend in Orlando, Florida!  Servicer Fraud is NOT just Ocwen … it’s all of them! 

FDW ORLANDO REGISTRATION FORM

There are still a few seats left!

We will be sharing information about the differences in “buying time” versus “full resolution” in your foreclosure case!

Learn to attack Assignments of Mortgage and Deeds of Trust the right way!

Learn to attack the other’s side’s Limited Power of Attorney!  … and so much more!

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ONLY 15 SEATS LEFT FOR THE UPCOMING FORECLOSURE DEFENSE WORKSHOP!

BREAKING NEWS — UPDATE …

I have just been informed that there will be a former bank executive (who was invited by Rich Kalinoski, the attorney lecturing at this event) who is going to “rat out” the bank’s bad behavior.  I do not want to reveal the bank (or the former executive) for this gentleman’s safety, but I can tell you … he worked for one of the major banks you all know and hate … and he’s going to reveal all the dirty tricks this bank pulled on borrowers!

For those of you who have not registered to attend the upcoming Foreclosure Defense Workshop in Orlando, Florida, this is just an FYI to let you know that we are filling up fast.  Even if you can’t pay the fee until you arrive at the workshop, you must at least submit the Registration Form to reserve your seat: FDW ORLANDO REGISTRATION FORM

Even if you are a pro se litigant, this is a workshop that you cannot afford to miss! 

Many local Florida residents are planning to attend, which means those of you coming in from out-of-town might get “bumped” from our limited seating if you don’t get your registration form in now.

The information being shared in this workshop is damning to the banks and their unscrupulous foreclosure mill lawyers!

If you’re going to “fight the good fight”, at least know HOW TO properly answer and timely file documents in your case.  How you posture your case has everything to do with your chances of winning on appeal … if your case even gets that far!   We’ll show you strategies to keep your case from getting that far …

We will be supplying you with printed handouts that you can take notes on!  You will have more ammo to put into your arsenal to utilize to save your home.  There are some new “tricks of the trade” we’ll also be sharing with you on attacking assignments and civil conspiracies, in addition to forensic document examination, expert witness testimony and how all of this can benefit you in court!

The “couples” rate also includes business partners who are on title together for individual properties.  Bring your case files with you!

Where else can you get foreclosure defense attorney help than right here!   Register NOW … as people will be coming to Orlando in one week to learn how to shut down the banks’ attack and we want to make sure we have a seat for you!   We will be providing snacks and a “special dessert” (on Saturday)!  Bring your appetite for knowledge and learn from the best!

 

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