Category Archives: BREAKING NEWS

FLORIDA FORECLOSURE COURTS APPEAR “STACKED” IN FAVOR OF JUDGES!

BREAKING NEWS, OP-ED —

The sinking feeling that overcomes Florida homeowners entering the foreclosure arena (the Sunshine State’s version of a 3-ring circus aka “rocket docket”) was finally manifested in the case against Florida attorney Mark Stopa, who has been at the center of controversy for being abrasive before these judges, resulting in possible disbarment for professional misconduct.

In my book, when you win foreclosure cases (which means the banks lose), judges don’t like it … by that I mean having the obvious thrown in their faces; however … and we are trying to get the transcript from Stopa’s recent Florida Supreme Court hearing … it does appear that the deck has been inadvertently “stacked” against Florida homeowners in favor of not only the banks, but the judges hearing the cases as well!  Think I’m exaggerating here?  Take a look at what Stopa posted on this Facebook page:

Even with the glare of the screenshot covering up the word “notable”, what is hard to fathom is how Florida foreclosure court judges are seemingly on the “take” when it comes to clearing off their court dockets and how they were incentivized by the Florida legislature.  So, does this mean that Pam Blondie is going to investigate this scheme?  Not likely.  She wouldn’t investigate the OSCEOLA COUNTY FORENSIC EXAMINATION, which Stopa’s buddy Matt Weidener snubbed on Orlando television.  These two aren’t “holier than thou” in my book; however, I am willing to concede that the testimony from this hearing is probably damning in more ways than one and could have only happened at Stopa’s expense.  What makes these allegations (in the form of testimony from a judge included) make things any different?   Felonies are felonies and judges handling foreclosure cases appear to have gone right along with the scheme of things.  Among the rumors … that judges financially profited from the scheme based on their “performance”!

If the transcript (which trust me … is going to be gone over with a fine-toothed comb) bears any other significant testimony, you can bet we’ll use it against the judges in Florida’s foreclosure courts relative to Florida Criminal Code § 817.535 cases.  The Florida States’ Attorneys have every opportunity to launch their own independent investigations but none, including the recently-elected Aramis Ayala (in Florida’s 9th Circuit) have lifted a damned finger to investigate and prosecute any of this suspect behavior.

Exactly how many legislators and judges have been paid off by the banks to facilitate this fraud?   The stuff contained within the Stopa Facebook post seems to parallel the Volusia County judicial rag that told judges there that their “performance” was being monitored and if they knew what was good for them, they’d tow the line and clear their foreclosure dockets!   If one of their own has come clean and testified to the Florida Supremes that this sort of crap behavior is going on, then I say, it’s time to unseat every damned Florida foreclosure judge and every legislator that fell victim to this corruption (the next best thing to tar and feathers or the stocks) and hang their sorry ass political careers out to dry.

When you incentivize a Florida foreclosure judge, what do you think he’ll/she’ll do?   Of course they want to go out with a financial bang!

How many of these judges are pedophiles?   Has anyone ever investigated how much pornography is on these judges’ computers?

It seems we can’t shake these rumors.   All one has to do is examine the number of prosecutions were conducted by the Florida Judicial Qualifications Commission (JQC) and a lot of the so-called “disciplinary” actions seem lame when you compare what came out in Stopa’s hearing about the incentivizing of a foreclosure judge?   Has anyone investigated the Florida judges for acquiring property through the very own foreclosure hearing they ruled upon?  We’d like to hear about it.  If you have pictures or recorded documents of Florida judges acquiring foreclosed homes … this represents a clear conflict of interest and a bigger part of the conspiracy to defraud Florida homeowners.  Hell, it represents serious criminal activity, obviously spearheaded by some serious bank lobbying in Tallahassee.

Stay tuned!  We’re going to figure out a bigger mousetrap given this testimony and we expect to have that scenario to present to you in the upcoming FORECLOSURE DEFENSE WORKSHOP … because now … given this diatribe (seen in the screenshot above) … the judge has now become an additional target.  This also means that given the testimony, it is possible that thousands of foreclosure cases could be vacated and reopened in order to vet judicial involvement.  I don’t think you realize the implications this testimony has brought out … yet.

The registration to attend this workshop is now OPEN!  Visit the Clouded Titles website and sign up now to learn strategies on targeting not only the banks’ attorneys but the judges as well!  This workshop is for educational purposes only and is not representative of the corruption that appears to be ongoing in Florida’s foreclosure courts!  After this revelation, it’s no holds barred!  We told you … when it comes to foreclosure … this means war!

Res Ispa Loquitur!  (Latin phrase meaning “the thing speaks for itself”!) 

“Off with his head!” (Quote from the Red Queen in Lewis Carroll’s “Alice in Wonderland”!) 

Stayed tuned for the syllabus on this non-CLE workshop!   Sign up now (seating is limited)!

The information presented here is viable for all 50 states!

 

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FORECLOSURE DEFENSE WORKSHOP

BREAKING NEWS — The 2018 Foreclosure Defense Workshop is now official!

See the attached for more information:

FDW 2018 REGISTRATION FORM_ORLANDO FDW 2018 FLYER

I will be posting the specific syllabus for the workshop as soon as all topic matter has been finalized.

Please keep checking the Clouded Titles website for the shopping cart to open up to allow you to register for the event.

This time … we will have THREE attorneys who are versed in foreclosure defense speaking on various topics to help you “fight the good fight”.

Please read all of the documents carefully before contacting us.  You can email us through the Clouded Titles website if you have questions.

This will be the only class we are holding this year relative to securitization, chain of title, foreclosure defense, related litigation and all of our research (“ammo”) that goes with it!  Books and related research material will be available for sale at the event.  Come prepared to get educated and learn about our new “secret weapon” which has been used to shut down foreclosure cases dead in their tracks!

This is a short post since all of the relative necessary information is contained in the flyer and on the registration form.

We’ll plan on seeing you in July!

Here’s what our workshop attendees have had to say about their learning experiences: CLICK HERE TO VIEW THE VIDEO! 

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Uptick in foreclosures ??? This means war!

BREAKING NEWS —

National Mortgage News is regurgitating figures from Black Knight Financial Services that foreclosure starts, notably in Texas and Florida, are now on the upswing, now that the moratoriums imposed from Hurricanes Harvey and Irma have expired.  In February there were 46,700 foreclosures starts, while March’s foreclosure figures totaled 52,100 (according to Black Knight).  This means that between the two states alone there were nearly 65,000 foreclosures started up against homeowners, many who have no knowledge as to how to defend them.

Hence, the balance of the breaking news …

Clouded Titles author Dave Krieger (also a title consultant to attorneys) has put together a FORECLOSURE DEFENSE WORKSHOP to meet the increased demand for information, which will feature succinct input from three different attorneys (from different parts of the U.S., all well versed on foreclosure defense in both mortgage and deed of trust states) on various foreclosure defense topics that are designed to help homeowners “fight the good fight”.

The FORECLOSURE DEFENSE WORKSHOP will be held on Saturday, July 28th and Sunday, July 29th (2018) from 8 a.m. to 5:00 p.m. (both days) at the Hampton Inn & Suites Orlando Airport (5460 Gateway Village Circle, Orlando, FL 32812). The hotel offers complimentary WiFi and free breakfast and airport shuttle for those attending the event or staying at the hotel during the event.

Stay tuned for more information about group rates for sleeping rooms and for the particulars about what information we’ll be sharing at this exciting, emotionally-charged event!   This is the “heads up” for all of you faithful Clouded Titles Blog readers to give you advance notice of this event.  We will be putting out the particulars on this event, including the registration forms and flyer information, within a week.  If you need advance information besides what’s been posted here, please feel free to email us at cloudedtitles@gmail.com.

At this workshop, we will be featuring our new “secret weapon” which has been improved upon since the last workshop a year ago.  There’s always something new to learn (a new strategy, a new defense, a new tactic, a new means of potentially winning your foreclosure case) at this class, so we hope you’ll be joining us in July!  (We heard some of you may even be visiting Disney World while you’re here … but you’ll find no “Mickey Mouse” games at this workshop!)

The fee to attend is $695 for single admission and $895 for married couples (or couples with provable, shared title interests to their property). This is a “cheap date” to save your home, compared to what you’re going to learn in an effort to save on shelling out gobs of money in legal fees.

There will be handouts provided at the workshop.  Save money on time spent researching by attending this class! We did the work for you!

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THINKING OF PLEADING TILA? THINK TWICE!

BREAKING NEWS — OP-ED — 

The U.S. 8th Circuit Court of Appeals has just affirmed the U.S. District Court’s decision (for the District of Minnesota) on the Jesinoksi case once and for all.

Why am I not surprised? 

See the Opinion here: Jesinoski v Countrywide Home Loans Inc et al, 8th App Cir No 16-3385 (Feb 28, 2018)

It did not fare well for the Jesinoksis TILA claims, which were narrowly ruled upon by the U.S. Supreme Court and sent back down to the U.S. District Court for further determination.

There are a lot of folks out there who are caught up in mortgage loans of their own making, now realizing that they “coulda, shoulda, woulda” when it came to disputing whether or not the lender of their mortgage complied with all of the regulations in the Truth-in-Lending Act (TILA).  The facts of the case are pretty much self-explanatory, but very narrow in interpretation, so I’m not going to belabor the point by regurgitating the pain of explaining it again.

If you’re going to plead TILA, read this case first and realize what the court accepted and what it didn’t.  If you didn’t comply with ALL of the requirements of TILA, you will find yourself in the same boat as the Jesinoskis.  I hate to make an example of them, but as the result of this case, a lot of wannabe paralegals and attorneys have fleeced homeowners for money, claiming they can help them file a TILA case on their behalf, only to find themselves in more legal hot water than they bargained for.

First, TILA is a federal regulation.  That means it has to be litigated in federal court, where judges are bound by this decision.

If your attorney has never successfully litigated a TILA claim, then why did you choose that attorney?

Filing a rescission does NOT mean you get a FREE HOUSE!  I don’t give a damn what these well-meaning “pro se paralegals” tell you.  If someone makes that assertion, run like hell in the opposite direction!  With TILA cases, there are strings attached … and because there is a mortgage loan involved and the homeowner inured to the benefit of that loan, then there will be hell to pay when the homeowner has to solely rely on TILA claims instead of looking for real “red meat”, like the fact that the loan started out with America’s Wholesale Lender (“AWL”), which Bank of America, N.A. claims is its subsidiary, when in fact, there is no recorded proof in the New York Secretary of State’s office that indicates that AWL was a “New York Corporation” at the time it allegedly made the Jesinoski’s loan.  The focus of the Jesinoski Complaint was that they did not receive the required number of TILA-related copies, which the Court found to be inaccurate.  If this is the best one can do … not getting the right number of copies … (I’m shaking my head now) … this just set precedent as well as a learning curve for others.  It appears that a non-existent New York Corporation (vis a vis the lying bastards and thieves at Bank of America, N.A.) just stole the Jesinoski’s home and no one even bothered to contest whether AWL was actually a legitimate entity at the time the loan was executed.  Of course, MERS and Mortgage Electronic Registration Systems, Inc. were involved.  Both Delaware corporations were involved in ALL AWL TRANSACTIONS!  The whole thing was a sham based on a sham corporation.

Don’t believe me?  Look here: US Bank v Dimant_2013-CA-001130

When you don’t look at the whole picture, this is what happens to you.  Learn from the Jesinoski’s mistakes.  Federal judges are NOT big fans of American homeowners!  Do your research before jumping in with both feet.

This was a very expensive case to litigate all the way up to the U.S. Supreme Court and back.

It started at the U.S. District Court level (the District of Minnesota, a Torrens State, which does NOT favor homeowners and loves MERS).  The State of Minnesota enacted the “MERS Statute”.  And you want to live there?  Seriously?  This should have been an indication that in Minnesota, you either pay your mortgage or you’re homeless … or you move elsewhere.  If MERS is in your chain of title, it doesn’t matter about Torrens issues, your title in Minnesota is still shit!

Then it went to the 8th U.S. Circuit Court of Appeals, which ruled against the Jesinoskis, who then appealed it to the U.S. Supreme Court, who narrowly ruled on the law and sent it back down to the U.S. District Court, who correctly determined that the Jesinoskis were incorrect in their assumption of the TILA regulations.  They then appealed THAT ruling to the 8th Circuit again, which affirmed the lower court and now the rest is history.  Unless the Jesinoskis attack the real culprit, the phony AWL New York Corporation, they might as well pack their things and find a new place to live.

Don’t let this be YOUR “hard lesson”.

Listen to Dave Krieger, Clouded Titles author, on WKDW-FM, 97.5, North Port, Florida, Friday Night at 6:00 p.m. EST on City Spotlight, Special Edition (with co-host R.J. Malloy, retired attorney and former Clerk to a U.S. District Court judge), streaming live on kdwradio.com.  Click “LISTEN LIVE” to join the broadcast.  Dave will be talking about a variety of consumer-related issues, including this one!

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“MERS” Entities and RoboMills are now “off the hook”!

(BREAKING NEWS, OP-ED) — 

Consent Order Terminations were issued this past week by the five federal agencies that imposed them on MERSCORP Holdings, Inc. (f/k/a MERSCORP, Inc.), its baby bastard child, Mortgage Electronic Registration Systems, Inc. and Servicelink Holdings, LLC, as successor to Lender Processing Services, Inc., DOCX, LLC and LPS Default Solutions, Inc., entities that were connected to multiple robosigning scandals that were exposed in the wake of the 2008 financial crash.

You may recall that DOCX’s President, Lorraine M. Brown, was sentenced to five years in Club Fed for her role in orchestrating the alleged phony document recordings in concert with lenders and servicers all across America that affected the chains of titles to millions of pieces of real property.

Conveniently, Fidelity National Financial (FNF) spun off its affiliation with the foregoing robomills before the SHTF and the April 13, 2011 Consent Orders were issued by the Office of the Comptroller of the Currency (OCC); the Federal Reserve’s Board of Governors (FED); the Federal Housing Finance Agency (FHFA); the Federal Deposit Insurance Corporation (FDIC); and the Office of Thrift Supervision (OTS).

Attached to this article of the respective pdf files of the Orders just issued:  enf20180112a3 enf20180112a6

Read ’em and weep … because our government is in bed with the banks and with the “changing of the tide” in DC, the current administration has let loose of these entities, claiming they are in “compliance” with the previously-issued Orders.  What a joke!   The MERS® System has not changed one iota.  MERSCORP Holdings, Inc. is STILL the Electronic Agent in all securitization transactions where Mortgage Electronic Registration Systems, Inc. has positioned itself to be a “nominee” and “beneficiary” for the Lender, setting up an agency relationship that mortgage loan borrowers have no idea was created; how the agency relationship was created; and the terms and definitions the borrowers agreed to.  All of this was never stated on the mortgage loan documents (security instruments), so how then can a borrower give either “MERS” or Mortgage Electronic Registration Systems, Inc. (which is NOT “MERS”) permission to set up an agency relationship as an Electronic Agent for anyone when they don’t have all of the listed details?

Further, robosigning still continues, despite revelations in document examinations of the public records in Southern Essex County, Massachusetts; Williamson County, Texas; Guilford County, North Carolina; Seattle, Washington; Osceola County, Florida; Multnomah County, Oregon and certain counties in Southeastern Pennsylvania.  To date, Multnomah County, Oregon is the only entity that has collected sums from MERS and its user-subscribers it has contractual relationships with, wherein MERS (which means MERSCORP Holdings, Inc.), is the Electronic Agent ($9-million) in suspect transactions raised by local officials there.

WHAT DOES THIS MEAN FOR YOU?

If the Consent Order has been terminated, it means (in part):

  1. Mortgage Electronic Registration Systems, Inc. no longer has to report to the five federal agencies for anything;
  2. MERSCORP no longer has to notify the feds when someone sues it or one of its members; and
  3. That its business as usual in getting away with claiming that robosigners can continue to do what they’re doing and cause the land records across America to continue to be plagued with false and misrepresentative documents.

IT ALSO MEANS: 

  1. The title companies are still going to “write around” the defects created by these documents, which means
  2. Your title polices (Homeowner’s Indemnity Policies) still aren’t worth the paper they’re printed on!

IT FURTHER MEANS:

  1. The U. S. Government is still “in bed with the banks”; and
  2. As long as we keep allowing this bulls**t to continue … the land records will continue to become even more tainted to the point where property ownership will be so diluted with errors, having a county recorder to monitor “crime scenes” will become superfluous and redundant.

SAY “NO” TO MERS MORTGAGES! 

I am still of the opinion that “once tainted, always tainted”, when it comes to MERS and Mortgage Electronic Registration Systems, Inc. showing up in any property’s chain of title unless that title is “quieted” in a court of law and equity.  Due diligence will prevent you from falling into this trap.  The land records belong to you … use them religiously!

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