The author of this post is a consulting expert to attorneys and also conducts chain of title assessments and drafts quiet title pleadings. The information shared here is NOT to be construed as legal advice, but is for the educational enlightenment of the reader. In all matters involving real property, it is suggested you consult an attorney who is highly versed in quasi in rem matters.
Imagine if you will … (Rod Serling … tongue-in-cheek LOL) …
You get out your original mortgage or deed of trust, suspecting that the original lender may not have been a real lender at all. But how can you tell?
The first plausible idea came from research done by a multitude of paralegals (and subsequently homeowners like Linda Nash of Seminole County, Florida, whose final order is published below), revealing that within the Secretary of State’s database for ANY State in the Union, that certain “lenders” may not have actually existed from the git-go (hence the legal term “ab initio” or “from the beginning”). Two of those suspected illegitimate “lenders” were America’s Wholesale Lender and America Brokers Conduit (which wasn’t registered until 2012, despite the fact that tens of thousands of mortgages and deeds of trust were issued in its name prior to its formal registration). A last-minute registration does not perfect the actions of an entity taken years prior.
If you have one of these two lenders in your original mortgage, the author would like to hear from you. Please go to the DK Consultants LLC website’s contact page and leave your full contact information. Here’s the final judgment from Hon. Robert Pleus (pronounced Ployce), now up on appeal to Florida’s 5th DCA by Bank of America, N.A. (which Pleus served as Chief Judge for a time), highly likely to be affirmed. Sadly, Bank of America, N.A. thinks that because its predecessor, Countrywide Home Loans, Inc. claims to have used AWL as a “dba” or “doing business as” assumed name, this may NOT be stated as such on your mortgage or deed of trust. Instead, you may see “America’s Wholesale Lender”, a New York corporation (which of course AWL never was). Do you see a pattern of fraud here? Here’s what Judge Pleus asked Linda Nash’s attorney to draft in an “air tight”manner, which I believe he did accordingly:
While this Judgment may shock some of you, it is to be expected, especially from a Florida circuit. Florida was one of the “sand states” that confronted foreclosure issues to begin with, so logically, it would be anticipated that if enough homeowners (like Linda Nash) fought for the good of the common man, that something would have to give. Can you see where the 5th DCA (if affirmed) could likely set off a “s**t storm” of new litigation? We think so.
Many homeowners were foreclosed on by these two “dba’s” alleged successors, wherein the Final Judgment described above describes the lack of standing to the contrary of what was asserted by Bank of America. This is a real problem for B of A. These major banks need to be broken up into little pieces. If I had my druthers, we’d have “state banks” (see Ellen Brown’s banking website, Web of Debt.com) instead of national banks. One only has to look at the Bank of North Dakota to see what a successful business model looks like (all without MERS too.)
On another note …
The early bird special ends May 25th for the Chicago events (meaning the prices will go up on May 26th) … if you intend on taking the Chain of Title Assessment (COTA) Workshop, the Quiet Title Workshop, or the UCC Workshop, you need to sign up as soon as possible to get the best deal. We are offering multiple attendee discounts as well. Use the pull-down menu on the Clouded Titles website and check that selection and add it to your shopping cart and check out. Then contact the host hotel and make sure to tell the registration desk you are attending one of the DK Consultants workshops, so you can take advantage of our group discount. It is BEST to do this BEFORE May 25th. We hope to see you there, in the furtherance of a positive outcome for America as well as your financial future!