(OP-ED, first posted: September 25, 2018) —
The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing. The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice. Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.
As we near the close of this 10-part segment, I posit that this may not be the climactic end you were hoping for.
Creating a big, bad ass paper trail to be used to trigger those “safeguards” in “the system of things” takes time, time that a lot of litigants don’t have because they didn’t make the time. Maybe they weren’t afforded the time … the time to learn about how “the system of things” works. While I’ve always maintained that the Internet can be a dangerous place to search for clues or resolve to anything, the “safeguards” that make up “the system of things” have been maintained within the “status quo” for quite some time (decades). You’ve probably heard that old saying, “Well, it’s the best system we’ve got!” Why change it? Maybe, because it’s NOT the best system at present. In fact, the way that “the system of things” has been abused, perhaps we need to re-examine HOW “the system of things” is supposed to work and give the balance of what’s wrong with “the system” itself an enema. In order to do that, we have to wake “the system” up … and you cannot do that in federal court … yet.
WAKING UP THE BEAST!
There are roughly 3,041 counties, boroughs, townships, etc. that now exist in America. Most if not all of them are incorporated. Most if not all of them are self-insured to a degree. Most of them carry liability insurance for certain aspects of their “day to day affairs” in the management of county government. The cities within the counties also have certain types of insurance that is supposed to safeguard the body politic from harm, in case a city (or county) employee injures someone while acting within the course and scope of their employment. This is an important set of terms to remember: “the course and scope”. Judges are also paid by the county in virtually every situation, to sit on the bench and administer the “day to day affairs” brought before them during the course and scope of their employment.
Waking “the system of things” up (and in your favor) would seemingly involve …
(1) identifying the statutory problem you (as a property owner) are faced with … which is legislation that was passed that allows every property owner to challenge the legitimacy of documents in the public record as being suspect;
(2) bringing forward a claim against the perpetrators who created-manufactured-executed the document in question … generally involving declaratory relief, which opens up the needed discovery to expose the liability;
(3) bringing forward an expert witness affidavit and testimony to support your claim … this is best done by an attorney who has figured out HOW “the system of things” is supposed to work and can help to build your big, bad ass paper trail;
(4) taking the entire “bad ass paper trail” in documented form to several different “layers” within the county government and within the private sector (insurance and bonding). We see four (4) copies of this paper trail as a necessity!
Once class action lawyers figure out what we’re trying to accomplish here, they are probably going to get busier (in the future), once it becomes firmly fixed in their minds HOW TO raid a county treasury because of some judge’s screw-up in allowing felony behavior to spew forth from his courtroom. It’s just like having a bailiff purposefully hover over you while you’re trying to speak to the judge. It’s intimidating. As long as the judge knows he can play God for 5 minutes and get away with it (because you’re broke, desperate and don’t know anything), you’ll continue to have a bad feeling about today’s justice system, especially foreclosure courts (whether you’re in a judicial or non-judicial state, it doesn’t matter).
THE BIG, BAD ASS PAPER TRAIL
For those of you who are still having trouble fathoming the substance of the “big, bad ass paper trail” … I shall endeavor to spell it out for you:
(1) The complete trial transcript (if you’re in a judicial state) of the foreclosure case, including all exhibits (or in a non-judicial state, by your own litigation filing and said responses from “the other side”);
(2) The complete oral transcript of every hearing involving your case, conducted by said tribunal, certified by your own court reporter;
(3) The complete certified set of all oral transcripts taken at every deposition of every party summoned to testify that was involved in the creation-manufacture-execution and recording of the suspect document;
(4) The complete set of every document in your chain of title to your property, from the Warranty Deed (i.e., see also Grant Deed, Special Warranty Deed, Quit Claim Deed, Statutory Warranty Deed, etc.); and
(5) A certified, original copy of all documentation and four (4) copies of same (for distribution within the “layers” of “the system of things”) to present to authoritative committees (the judicial review panel and the state bar’s disciplinary panel) and the insurers (E & O and bonds).
Copy #1: The Judicial Review Panel (against the judge, along with a judicial misconduct complaint);
Copy #2: The State Bar Disciplinary Committee (against the lawyer for the bank who came into court and misrepresented the truth about the documents he/she relied on);
Copy #3: The E & O carrier for the law firm and their attorneys (including the attorney being accused of felony behavior in your case); and
Copy #4: The County’s Risk Manager, in an attempt to obtain bonding information on the judge (to attack the bond, have the matter investigated by the insurance company and seek to file a claim against the bond and have it pay out and/or have it revoked; thus, unseating the judge from the bench).
You may wish to have a separate fifth (5th) copy available in case the county wants to keep its copy and not forward it to the judge’s bonding carrier.
The whole stack of stuff should be somewhere between 4″ and 6″ thick!
What I have just described to you are the “safeguards” (the preliminary ones) that are supposed to be in place to attack the lower echelons of “the system of things”. The upper echelons (the federal system) are used to plunder the county treasury if the Risk Manager, the County Commission and the perpetrators themselves refuse to “do the right thing” (and/or settle). You DO NOT do this on your own dammit! You have no mandate to report wrongdoing to the bar or the judicial review panel … ONLY ATTORNEYS AND JUDGES DO! So stop with the pro se, pro per, sui juris Patriot crap and start thinking “system” … as it is and has it has been set up to function. Stop trying to cram your giant square peg into the small, round hole (that is “the system of things”)! If you ignore this, you do so at your own peril. You risk creating bad case law for everyone else by not knowing what you’re doing and you also risk potential, physical harm to you and your family (remember Ruby Ridge … I was going to post Vicky Weaver’s autopsy photos but my “legal voice of reason” talked me out of it). I cannot begin to emphasize how serious this shit is once you’ve awakened “the beast” (in other words, you’d best have legal help … and not a Patriot, non-lawyer either).
The original, certified copy remains with you for the potential follow-through with the State Tort Claims Act suit, if one is necessary, against the county or city in question, which would force “the system of things” to either litigate the matter or settle with you.
You are NOT prosecuting a criminal action here. This is a civil matter involving statutory and ethical violations!
THE NON-JUDICIAL SETTING
I haven’t spoken much about non-judicial issues here because it is incumbent upon the homeowner to do one of two things: (1) pack up and move; or (2) file a lawsuit to stop the foreclosure and fight. If you look at your chain of title and you see a chain of assignments … ALL of them come into play here. If one of those assignments can be proven to be false and misrepresentative (it’s likely almost all of them are or will be), then you can rattle the other side’s cage and topple the entire chain of assignments like dominoes. Proving fraud on the court cannot come out of your own mouth however. That determination comes out of the mouth of the judge, who does “the right thing”! “The system of things” does not offer YOU that opportunity. You have to put together a civil action (preferably based on declaratory relief and negligence), coupled with proving a civil conspiracy (NOT RICO!), which is easier to prove because the burden of proof is lower.
If you are frustrated because you are currently losing, it’s because you’re not paying attention to “the system of things”. You are acting out of desperation and not using the common sense and wisdom God gave you.
This is why we wrote the 40-page booklet explaining it:
I do not hand this work out likely, for what’s in this book is that “baby with a stick of dynamite with a short fuse” … and you are NOT going to abuse “the system of things” out of sheer desperation. We are not going to allow that to happen. There is a right way and a wrong way to approach how the scenario plays out. We have to create the big, bad ass paper trail, starting with your chain of title. Every chain of title tells a story. What does yours say? BTW, leave the word “fraud” out of your vocabulary here. The new words to affix in your brain are: “statutory violations”, “ethical violations”, “false and misrepresentative”, “negligent misrepresentation”, “negligence”, “misrepresentation” and “felony behavior”. Why? Because the insurance companies clearly understand what these terms are and are NOT likely to pay out claims based on these terms! THAT can work to your advantage and to the other side’s disadvantage!
If the judge does the right thing (like the cases noted in Part 7 of this series of posts), and you get your evidentiary hearing, you may find yourself either settling out of court or in the alternative, awarded hefty damages by a jury or sanctions by a judge (like your home). One thing is for certain, every insurance company in your state is going to know what’s going on … as you cannot allow the law firm you would be pursuing or its attorneys an opportunity to become “re-insured” through another carrier due to their propensity to commit the same torts and felony behavior. If you’re going to do a takedown … well … it’s like that old saying, “If you’re going to shoot the King, you’d better make sure you kill him!” That means, whatever judge allows the felony behavior to continue in his court … and/or … the ethical violations … without doing due diligence to “peel away the onion” and expose bank illegality for what it is … will expose the county (as well as the judge) to a very long-winded, unpleasant experience in U.S. District Court … and you better make sure that judge never returns to the bench (otherwise, you face possible retribution)!
ALL THE WHILE MAINTAINING CIVILITY
And remember, we’re being “civil” here. This is not politically motivated speech, like “push back”, a statement used some time ago by a congresswoman who doesn’t even live in her own district which has polarized America. This same congresswoman even said, “if you shoot me, you better shoot straight”. What kind of B.S. is that? I’m sure Steve Scalise didn’t find that at all funny. But then again, this is America, where BOTH parties have contributed to the mess we’re all in. BOTH parties voted “the system of things” into being.
Don’t think that barricading yourself in your house is going to make a statement either. Remember what happened to Martin Wirth? We don’t want to see you end up like that. Or Vicky Weaver. Or David Koresh. These people were stubborn and all became victims of their own ignorance and political beliefs. This is what “the system of things” is geared towards. Absolute power corrupts absolutely … and if you’re going to lock horns with the beast, you’d better make sure you’re within striking distance of its underbelly; otherwise, all of this is for naught.
THE STATE TORT CLAIMS ACTION = SHTF
The “other side” knew that at some point I’d be getting to this part.
Remember that suit the two Oregon lawyers filed against their own state bar? It was filed in U. S. District Court, right?
Why is that so? Because the attorneys were quoting federal statutes, which put it firmly within the jurisdiction of the federal court!
You can’t expect the “county” or “state” itself to allow you to sue it, do you?
Major obstacles, if not a total cover-up. Major threats will probably be bandied about.
Late night phone calls. Silence, followed by breathing and maybe, if you’re lucky, a whispered, “I know where you live.”
Stalking by suspicious vehicles either outside your home or at places you frequent.
Tapping your phones without a warrant.
Breaking into your home and putting keystroke technology into your computers to read your emails.
Bugging your home or office.
Bribing federal court clerks to hide your paperwork so it’s not timely filed and thus gets excluded.
Texting death threats to your cell phone (showing pictures of your kids playing in the front yard).
Changing the locks on your doors when the foreclosure sale hasn’t even happened.
Cleaning out the contents of your home before the foreclosure sale has even occurred.
Real estate brokers showing up to your home wanting to know when you’re going to move out.
Your family pets disappear.
Oh, you think I’m joking?
Every one of the things I just described above has happened to homeowners in the course of the last twenty (20) years, since securitization and bad banking behavior started running rampant across America. We’re talking billions of dollars of insurance payouts here and the banks and their henchmen (their servicers) are going to ratchet up their illicit behaviors. You will have to be strong when it comes to this point in “the system of things”, because this is no longer a “game of thrones”, to see who will be King. This is a matter of survival for those who are able to procure the most evidence in the shortest amount of time, because the other side is going to have fair warning and is going to have ample time to either come to the table or retaliate.
You cannot file one of these actions unless you give the county (the political subdivision) fair warning.
THIS is what risk managers are for. If the county is too small, then the County Executive gets the warning. They have to be warned to be given time to settle.
That is a statutory requirement in most states. Sorry … you don’t get to ambush the county with a lawsuit in federal court without trying to negotiate settlement first.
Yes, it’s administrative bullshit. But it’s “the system of things”, right?
Most counties have general liability insurance and vehicle insurance to cover the expected … a slip and fall on an icy courthouse step … a collision with a county vehicle driven by a county employee performing his lawful duties … yet no one expected “the system of things” to “right itself” on the backs of phony documents, did they?
There comes a breaking point, when someone has to “cry Uncle”! … and this is that breaking point. There has to be a way to deal with phony assignments. The system of things has had that in place all along. We just didn’t realize it … and what it was going to take to make it work the way it’s supposed to.
There’s more to the story in the final segment (Part 10) of these posts, so stay tuned!