Daily Archives: September 27, 2020

FORECLOSURE “JUSTICE”? … A DAY OF RECKONING

(BREAKING NEWS, OP-ED) — The author of this post disseminates this dynamic diatribe to appease your appendages appropriately.  None of this is legal advice, only a mix of education and opinions, with some rather unique illustrations of our ever-changing system of things. 

The lack of trust in America’s justice system … 

Anyone who has kept a pulse on the tide of foreclosures that swept through America between 2009 and 2015 can easily understand where the mindset the author is about to describe is coming from.  Sadly, if you’ve ever been to a “rocket docket” in Miami-Dade County, Florida, you know exactly WHY folks have little faith in the justice system.  This author saw an entire courtroom of whining and sobbing homeowners eliminated from their properties, some getting less than a minute for their case to be heard before the gavel hit the judge’s bench.  For centuries, the gavel has represented a proclamation of a ruling and a symbol of authority by one acting in the capacity of a presiding officer.

It’s a sad state of affairs however, when a homeowner is just days away from being tossed out of their home by the sheriff and they’re in court, in front of one of these “presiding officers” without a clue as to how to defend themselves, grumbling and complaining to others about how they didn’t get “justice” because the judge wouldn’t listen.  Watching all of this “go down”, the author surmises that most of these folks were scared shitless because they’ve never been to court, some never got so much as a traffic ticket, yet they all had one thing in common … they had access to the justice system but just didn’t know HOW TO play in it.

Thus, since Americans these days are so quick to blame each other for their country’s problems, so much so they have to take to blows over a fecking parking space …

… and this author can point a finger at the efforts of the American news media (of which he unfortunately is still a member) to confuse the consuming public to carry on this type of behavior.  These two women attacked each other in a Houston Wal-Mart parking lot over who was going to get a parking space, assumedly closer to the entrance of the store.  Because Wal-Mart carries mostly Chinese-made products, the author no longer shops there.  Another reason is because the kind of tempers you see flaring here are more than likely to happen in discount shopping areas where people with little to no money that are simply trying to survive have and continue to lose all control of their emotions with even the slightest provocation.  And this same flow of emotions has sparked all-out riots in several American cities, where buildings have been burned to the ground and officers have been attacked and even killed, all because of the lack of trust in the justice system, which begins with police officers who are attempting to enforce the law.  (… and you were wondering where the author was going with this?)   If you need more of a wake-up call, WATCH THIS!

The author still tears up when he watches this … because it’s real … and it’s based on the perception of unfairness.  This perception has swept across America. This perception has negatively bled into the justice system because Americans are distraught with the idea that “fairness” even exists.  This perception didn’t start with the George Floyds of America either.  It began when people stopped paying attention to learning what the law is and instead simply focusing on their own individual comfort zones.

Oppression comes in many forms … 

These days, when police pull someone over, whether they possess even one racist thought in their brain or not, they’re being stereotyped because of perception that: (1) all cops are bad including the cop who pulled you over; and (2) it’s okay to pop a cop.  That’s an eye for an eye mentality and that’s part of the perception of what “justice” is nowadays.  But the reality is, the cops are just doing their job and enforcing the law.  Albeit, a lot of pre-screening and personality testing needs to go into who gets accepted into police academies to ensure that racist profiling is minimized based on negative stereotypical perceptions that have bled into the mainstream.  However, on the back end of the equation, when you have minorities teaching their kids not to trust cops because they’re all bad, all white cops hate black people and that cops are society’s forms of oppression, you’ve set the stage for national calamity.  This is why cops are now wearing body cameras, to protect you from unfairness and to protect them from unforeseen and unintended consequences that result from negative stereotypical behaviors.  Black people are not the only race to be harassed by cops, yet the perception tends to sway in their favor, regardless of the statistical data that there is ten times more black-on-white crime than white-on-black crime.  Again, this is the stereotypical perception that has caused a major societal upheaval.  None of this will change until people start understanding HOW the justice system works and that people of every race, creed and color have access to their day in court.  It all starts with understanding the laws that govern the behavior of America’s court systems and those who enforce the law.

When protests turn into riots, just the opposite is true.  The herd mentality turns into the mob mentality and that’s where anarchy begins.  Anarchists are diametrically opposed to both socialism and capitalism because anarchy is rooted in mob rule and total lawlessness.  That ideology in of itself, is oppressive because it forces those citizens who are peaceful and God-fearing to have to defend themselves if they want to survive.

The Black Lives Matter movement began in 2013 with the Trayvon Martin killing by George Zimmerman, who was acquitted because a Florida jury was convinced he was defending himself and used justifiable force to stop Martin’s attack on his person.  This is part of the Stand Your Ground law in Florida that many folks just don’t get because it leaves doors open for abuse.  This is why juries have to decide what the intent was of the person committing the assault and the intent of the person defending against the assault.  If the circumstances were indeed as Zimmerman portrayed them, what was he supposed to have done?  Let Martin beat him to death?  Would the black community rail against Martin for killing a white man?  Probably not.  And why is that?  Because the oppressed had the opportunity to become the oppressor and that’s allowed, right?  Martin Luther King, Jr. would be turning over in his grave at that thought.

So, we should all support the idea of breaking into stores and looting them of Gucci handbags and other high-dollar items because frankly, the oppressed have to eat, right?  If anyone gets in our way while we’re stealing merchandise, then it’s okay to beat them to a pulp too, right?  This is the mentality that is on display and the media caters to it through its play-by-play, “if it bleeds, it leads” coverage.  The author here is specifically calling out CNN (his acronym for Communist News Network) for its coverage of the various Blue State riots, where anarchy appears to be tolerated.  The question remains, how long will the average, law-abiding Citizen tolerate this before all hell breaks loose and those with arms start exercising lethal force against their oppressors without regard to the justice system and its consequences?

The “justice” that needs undoing …

Then there’s the perception of the “kangaroo court” system in this country, which many deem acts more like a star chamber inquisition, run by a bunch of control freaks who like to play God, exerting their whims over the common man and his property … a system that local sheriff’s kowtow to at the whim of a judge, potentially increasing the exposure to an already volatile liability scenario albeit misplaced due to the illicit deeds of cops who have been corrupted.  This is where the saying, “If you don’t know your rights, you don’t have any” comes to mind, because without the law and its set of rules and mandates, you cannot expect to survive in today’s courts, especially dealing with foreclosures. It’s bad enough that eviction courts are going to be back in full swing when the government finally declares the COVID-19 crisis (which in of itself is questionable) to be “over”, but the tide of foreclosures is starting to shrink back into the water like what happens when a tsunami is about to hit a shoreline.  Right now, folks allegedly in default are attempting to negotiate something with their lenders to stay put while others have capitulated and moved away.

HOW TO STEAL PEOPLE’S HOMES FOR FUN AND PROFIT!

This was a rather brusque statement was sounded out by Austin, Texas foreclosure defense attorney Bill Gammon in a meeting of attorneys that used to get together once a month to discuss case law and issues resulting from the illicit taking of area residents’ homes. Gawd … that’s the one thing this author especially misses about Austin … attending those meetings and discussing research with these learned men and women who have been fighting in the trenches trying to save homes and have had to run into the typical Texas judge’s mindset about who’s entitled to what … “Why should the homeowner get a free house?”  Mr. Gammon was referring to a meeting he attended “on the down low” where attorneys were discussing their methodologies in network fashion as to how to persuade judges to hand over the houses to their clients through by whatever means possible, including dummy paperwork (assignments), which they knew or should have known was criminal to begin with.

Most of the folks who have made the decision to fight the banks are … well … they have at least increased their odds of staying put to 50/50 instead of nothing, simply by “getting in the game”.  This is not to say that they’re wanting a free house.  They just want “justice”.  They want vindication.  They want a judge to realize (as many judges in the Southern District of New York do, especially on the state level) the illicit behaviors regarding the positioning of securitized mortgage loans and what dummy paperwork had to be created in order to make the “other side’s” foreclosure efforts look plausible to the courts.  There doesn’t seem to be much interest by law enforcement to investigate these misdeeds in 99.9% of the country, which is another reason people don’t trust the justice system.  If this bunch of DA’s only knew that most states have government codes that allow them to raise money to investigate white collar crimes, especially those embedded in California’s Government Code … and weren’t so politically motivated to stay in office, they might actually prosecute a few of these dirty paper cases.  The government codes allow counties to raise recording fees to fund “dirty paper law enforcement”. Sixty percent of those increased fees go to law enforcement’s “white collar crime” divisions, so they could do more than just bust NSF check writers, while the rest goes to the Clerk’s office to pay for the increased surveillance of the “dirty paper” (renegade assignments drafted and recorded by the banks’ servicers, with the intent to make a judge believe they’re in the right), so the court will grant them summary judgment.

One of our guest lecturers that is going to be in the Foreclosure Defense 101 Workshop is a Florida notary who has been fighting his foreclosure in the courts for over 12 years.  He’s going to describe the crap he’s had to confront in the Florida courts, including intimidation by court bailiffs, deputies and judges and the bullshit shenanigans the other side’s attorneys pulled on him, in an effort to educate you as to the potential traps contained within “the snake pit”.   If you can turn yourself into a mongoose, you’ll survive and come out ahead, at least to give yourself enough time to execute on a Plan B if all else fails.

The idea is to buy time …

You may be successful in defeating your adversary if you play your cards right.  Another mindset you may want to consider is your equity position and whether it’s worth fighting for.  This is part of your Plan B.  This is one of the reasons why we decided to put the Foreclosure Defense 101 Workshop into a 4-hour block, instead of two or three days, because there’s a lot to digest in 4 hours (let alone an even longer period) … and we’re going to give you the research to deal with this scenario in the online workshop, which you can attend in the privacy of the home you may be about to lose.  We will have more info posted soon on the Clouded Titles website, so you can sign up online and get your own private invitation to learn the tactics attorneys use to keep their clients in their homes for 2 years or more!

It doesn’t matter what happens on November 3rd.  What matters is how YOU survive and how long YOU want to play in the game while YOU execute on your exit strategy, no matter what that might be. This workshop will give you a lot of “necessary answers” and hopefully, the desired results.  Stay tuned!

 

 

 

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Filed under BREAKING NEWS, OP-ED, Securitization Issues