(BREAKING NEWS — OP-ED) — The author of this post is a consultant to attorneys on chain of title matters and issues involving “the system of things”. Please read the attached ruling and take from it what is necessary for your educational benefit.
While this ruling was not expected to be a total slam dunk of “per curiam” nature, it sent a hard message to U.S. consumers regarding the collection of a debt versus the enforcement of a security interest. Obduskey brought suit in the 10th Circuit on matters involving the FDCPA (debt collection) against a law firm that was simply enforcing a security interest.
See the High Court’s ruling here: Obduskey v McCarthy & Holthus LLP, 586 U.S. ___ (2019)
It’s a 12-page ruling (with syllabus). It didn’t take long after oral arguments to come with this diatribe either, which brings me back to another major issue …
HOW is a trustee in a non-judicial setting supposed to enforce a security instrument? Foreclose on it.
A trustee cannot enforce a security instrument if the chain of title documents are NOT in order. In other words, if the opinion says the foreclosure mill law firms can simply declare they’re enforcing security instruments, when the end result will be to foreclose and sell the property to pay a sum certain (a debt), then this is all about “language” and our understanding of it. If we can’t use the FDCPA to back our claims, as of this ruling, then there is only one other strategy left to resort to: attack on the chain of title!
IT’S ALL ABOUT THE CHAIN OF TITLE
You signed a security instrument at closing. No one held a gun to your head. In non-judicial states, foreclosure is conducted by enforcing the security instrument and the promissory note you signed is irrelevant. Whoever has the authority to enforce the deed of trust is empowered to do so.
The problem is … in the process of “patting themselves on the back”, the non-judicial “trustees” attempting to enforce the security instrument had to rely on the instrument itself … playing through the chain of title … through potential suspect bogus assignments … in an effort to “give” themselves authority to foreclose which would normally be considered ultra vires (without authority).
One such case that Al West and I will be teaching at the upcoming Foreclosure Defense Workshop in Las Vegas (April 6-7, 2019), is a case out of California that has great instructional value … a case that went sideways for the REMIC … a case where the foreclosure was declared “unlawful” by the appellate court … AND REVERSED!
More importantly, the assignment was attacked! The superior court judge (of course, as expected) tossed the whole matter out, forcing the homeowner to appeal him. The appellate court ruled that the ASSIGNMENT WAS VOID! As a result of the assignment being VOID (NOT VOIDABLE), the case was remanded as REVERSED as to the foreclosure; REVERSED as to the chain of title assignment attack; and REVERSED as to slander of title, because all of the issues weren’t presented properly and thus, weren’t addressed properly by the lower court. The instructional value of this case is huge: Gauna v. JPMorgan Chase Bank, NA
We will be addressing the specific issues necessary to attack the assignment at the upcoming workshop! We still have seats available. And just when you thought there was no end in sight, we get an instructional unpublished opinion that validates the Cancellation & Expungement Actions that Al West has been using the past several years to wipe out security instruments! Now you get to see Al West share this information in a live event in Las Vegas (in a 2-day power-packed informational workshop).
In fact, several attorneys from around the country are attending. What does that tell you? Maybe you should be there too?
See the attached Registration Form for details: FDW REGISTRATION FORM_LAS VEGAS_2019
Want to see a schedule of what’s being taught, click this link: FDW 2019 WORKSHOP_LAS VEGAS_SYLLABUS
The new book is out … and will only be available to workshop attendees:
We are NOT selling this book online, because it contains information that (by itself) would be like giving a baby a stick of dynamite with a short fuse!
If you think we can’t use this material to potentially get foreclosure mill attorneys disbarred, think again!
If you think we can’t use this material to attack notaries in a more effective manner, think again!
There are very few seats left at this workshop … we are almost sold out! We cannot expand the room to accommodate more attendees. You have little time to waste. We will allow you to bring your attorney to the event at the “COUPLES RATE”. Contact us through the CLOUDED TITLES website email link (click on the TITLE) for more information about space availability!
We will show you WHY this attack plan (on steroids) works and why it has worked in the past (when properly litigated)!
THIS STUFF WORKS IN ALL 50 STATES!
WE DO NOT USE IT IN FEDERAL COURT!
WE SHOW YOU HOW TO KEEP IT OUT OF FEDERAL COURT!
WE SHOW YOU WHY JUDGES WILL HAVE TO PAY ATTENTION TO IT!
See you there!