Category Archives: BREAKING NEWS

LESSONS LEARNED … INTER ALIA

(BREAKING NEWS — OP-ED) — The poster of this blog is not an attorney and thus, the items proffered on this post should be taken in context as court rulings and should be further interpreted by bar-licensed attorneys (past the point of your personal discretion).  The commentary posted here is not legal advice but is for your educational value only. 

The month of March certainly roared in like a lion when it comes to court cases.  There are 3 of them which are integral to learning about foreclosure defense as to the “what to do” and “what not to do”, or in the alternative, what to “take away” from the herein discussed cases versus “what is irrelevant” and unimportant in them.

FEDERAL CASE: FDCPA

The attached case is a precedent setter out of the Third U.S. Circuit Court of Appeals:

Riccio et al v Sentry Credit Inc, 3rd App Cir No 18-1463 (Mar 30, 2020)_Precedential

If anything could work to your benefit, the Appellant’s attorney’s contact information is listed within the ruling.  This case involves abusive debt collection practices prohibited under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.

This case appears to work to your advantage in the event some snarky foreclosure mill lawyer attempts to remove your case from state court to federal court, which allows you to amend your declaratory relief action to include “debt validation” because this case smacks in that direction, the requirements of a validation notice under the Act.  The questions in this case concerns whether “oral disputes” are also covered under the Act.

This is one of the key reasons I keep telling people, when it comes to debt collectors, you can’t take phone calls into court … or can you?

15 U.S.C. § 1692g(b) specifically demands that the debt collector needs to be notified “in writing” within the 30-day dispute period, demanding validation of the debt. This is the very issue that the Third Appellate Court appears to have considered.

This case clearly involves a third-party debt collector, whom we all hate, right?  Because the defendant (Sentry Credit, Inc.) (a.) was out of state; and (b.) involved a federal question (FDCPA), this case definitely belonged in federal district court (see my book FDCPA, Debt Collection and Foreclosures for further explanation).

The thing is … the defendant did indeed require a response from the Plaintiff in writing; however, it also provided her with “multiple options”, including calling them on the phone.  Debt collectors just love it when you call them because they can use their “power over” tactics on you to verbally beat you into submission and get you to pay.  This is why I’ve always said, “put it in writing”, no matter what.

Page 10 of this ruling clearly indicates the Court deemed that “intra-section variation strongly signals that § 1692g permits oral disputes.”   Page 11 also indicates that if you call up and dispute the validity of the debt, without putting it in writing, the debt collector can continue its collection efforts. Putting the dispute in writing (and sending it certified mail, return receipt requested) puts the debt collector on official notice and starts the clock ticking, wherein a response is due immediately.   Pages 12 and 13 bring to bear the “that dog won’t hunt” argument against overreaching in an interpretation of the law to get it to mean what you want it to mean.

Frankly, when debt collectors used to call me … I knew what my rights were and I pinned their ears back with FDCPA and challenged them on everything they said, telling them to “put it in writing” so I have something to take them to court on.  Arguing over the phone is like electricity, the path of least resistance, especially when it comes to enforcing your rights under the law.  There is no easy way out.  If you want debt collectors to do anything, maintaining your right to engage them on the phone is just as good as doing it in right because it saves you time and a stamp … well, now it appears you’re grasping at straws.

More importantly, the Third Circuit didn’t want to upstage Congressional intent when it wrote the language into the law by attempting to “correct a congressional error” and make its own law out of what Congress intended, thus “rescuing Congress from its drafting errors”.

Even more importantly, the Third Circuit also delineated the difference between a “panel ruling” and the effectiveness and superior trait of an “en banc” ruling (the entire appellate court).  It’s important to really get into those pages (18-21) and the discussion involving the differences in opinions (a real educational plus).  Stare decisis is also covered within this discussion, which, if nothing more, is good in of itself for educational enlightenment. Not only that, the Third Circuit overturned one of its previous decisions as to “oral disputes” based on the lack of FDCPA language!

In issuing the ruling, the Third Circuit clearly made it plain and simple that if you want the FDCPA to work in your favor with “no legal impediments” … then stop being lazy, quit arguing with the debt collector over the phone … and put your demands in writing so the law will firmly support you when you file an FDCPA suit!

INVESTOR WINS HOA FORECLOSURE SALE SUIT IN NEVADA!  

There’s no doubt that homeowners associations wield a lot of power.  In some states, like Nevada, after a period of time with no challenge, the parties purchasing HOA-foreclosed properties can wipe out a debt without it being considered “super priority” lien status.  Such was the case here:

Berberich v Bank of America et al, 136 Nev 10 (Mar 26, 2020)

I just love the way the Nevada Supreme Court writes its opinions … short and sweet and easy to understand.  Thus, I’m not going to be verbose here.  What this boils down to is why we have appellate and supreme courts … district court judges are always “looking out for the banks” and have a tendency to “err on the side of … ”  (I didn’t say “caution”).

What this all boils down to is chain of title.  The possessor of the property held it in title for nearly 6-1/2 years and sought declaratory relief to extinguish the deed of trust which secured a prior owner’s mortgage (if you need a full-blown course on cancellation and expungement actions, you can get it HERE!) loan.

The Plaintiff even sued MERS (which I wouldn’t have done … but) because it was a MERS-originated deed of trust.  Bank of America, N.A., which appears to have little regard for quiet title actions, especially when it comes to their alleged “skin in the game”, argued the Plaintiff’s complaint was untimely.  The Plaintiff filed a motion for summary judgment (meaning no triable issues of fact) and the District Court (looking out for the banks like these judges always do), ruled against the Plaintiff, who timely appealed.  Like the previous case I discussed here … again, relevance to prior case law comes up as to actions to quiet title and considering the statute’s “plain meaning”.  The importance of the plain language is clearly clarified in this ruling:

“Now taking a closer look at the statutes plain language, we clarify that the limitations period provided by NRS 11.080 only starts to run when the plaintiff has been deprived of ownership or possession of the property.

Thus, considering the statutory text as a whole, we conclude the limitations period in NRS 11.080 does not run against a plaintiff seeking to quiet title while still seized or possessed of the property.4 See Kerr, 74 Nev. at 272-73, 329 P.2d at 281 (indicating in dicta that NRS 11.080 did not apply where the plaintiff was in joint possession of the property “up to the very time when he commenced his action” to set aside a deed based on fraud and failure of consideration).

Consistent with this understanding of NRS 11.080, the limitations period is triggered when the plaintiff is ejected from the property or has had the validity or legality of his or her ownership orpossession of the property called into question. See, e.g., Salazar v. Thomas, 186 Cal. Rptr. 3d 689, 695 (Ct. App. 2015) (discussing the general rule in California, which has a statute almost identical to NRS 11.080, see Cal. Civ. Proc. Code § 318, that “whether a statute of limitations bars an action to quiet title may turn on whether the plaintiff is in undisturbed possession of the lane (quoting Mayer v. L&B Real Estate, 185 P.3d 43, 46 (Cal. 2008))).

“[M] ere notice of an adverse claim is not enough to commence the owner’s statute of limitations.”

Thus, Nevada’s highest court found that the statute does not bar a property owner who is in possession of a piece of property from bringing a quiet title action; however, the statute of limitations begins to run once the owner has notice of disturbed possession.  Since that wasn’t established (as to disturbed possession), the en banc high court reversed and remanded the case back to the district court with instructions!

U.S. BANK SCREWS MAINE HOMEOWNER … BUT WERE ALL THE DUCKS IN A ROW?

The State of Maine’s Supreme Court has come out with some pretty damning case law against the banks, especially when MERS is involved.  I will cite the most important “take aways” from this case and also get into the real “red meat” that appeared to have been missed.  Read the case first:

US Bank NA v Gordon, 2020 ME 33 (Mar 17, 2020)

First, since a REMIC was involved, no one bothered to question whether the assignment was bogus. No one questioned as to whether the appellant-homeowner was really in default, as there is enough language out there (in the mortgage loan community) to indicate that on the 25th day (or so) of every month, the servicer makes advance payments to the investors through the Trustee.  So then, the question becomes, who was harmed?  The borrower didn’t have a contract with the servicer.

No one bothered to challenge the endorsement either. As always is a precursor in the First Circuit, most court cases discuss MERS “nominee” status in the recording of the mortgage (as if MERS has some glorious, all-powerful rights vested in it because it’s an “agent”).  It also appears that the servicer may have executed a phony “ratification of assignment”, which memorialized the previous 2009 assignment.  This of course, happened RIGHT BEFORE foreclosure proceedings were commenced.  The Borrower of course, challenged standing based on his claim that the ratification was “inadmissible hearsay” and that even if admissible, it was insufficient to prove U.S. Bank’s ownership interest in the mortgage.

Page 3 clearly explains the effects of a recorded document under subheading “A”.  Not once did I see (and you can fact check me if you want to) an attempt to do a C&E on either the assignment or the ratification that was used to give more “legal effect” to the first bogus act (in 2009).  Gordon had plenty of opportunity to challenge the validity of these documents under M.R.S. Title 17A, Ch. 29. Nor did Gordon attempt to destroy the validity of these documents by civilly putting forth a cause of action under the Maine Unfair Trade Practices Act (Title 5 §§ 207 and 213). Maine has existing case law that allows for documents to be challenged, cancelled and expunged … Abbott v. Treat, 78 ME 121 (1886) … and that is an OLD, WELL-ESTABLISHED CASE!

Once these two documents were challenged, Greenleaf and Saunders, Maine’s two infamous anti-MERS cases, could have then come into play here.

In other words, you can’t create and record one phony document to give the first phony document more legal force and effect when the first phony document was full of false and misrepresentative statements (constituting perjury on the land record).

There was no discussion on the authority of the MERS (potential) “robosigner” on the first 2009 assignment of mortgage.  Despite all of the colorful “resolutions” that MERS puts out into the marketplace in an attempt to give its “agency” status some sort of God-complex-like authority, its “Certifying Officers” have to have a fidelity bond and an errors and omissions insurance policy, naming them as insured.  Lacking this, the signers lack authority to do anything, except to go into a closet and play with themselves.

It also further appears that Gordon had a “legal aid” attorney representing him, which is another reason the attorney probably wasn’t aware of document challenges, which this case appears to have been totally ripe for challenging.  This ruling came out on St. Patrick’s Day … definitely NOT the pot of gold at the end of the rainbow.

INTER ALIA … (the Latin term for “among other things”) …

There are other valuable lessons we’re learned through time and that is how the United States (and its individual states) respond to a crisis … like the crisis we’re currently facing.  Despite the fact that this coronavirus has not taken the toll of the Swine Flu, the Avian Flu or most certainly the Spanish Flu, it still shows us that our medical response-ability in this country is sorely lacking.

In Florida, 170 people are now dead as of the 6:00 p.m. count, with 1,334 admitted to hospitals (figure a 50% mortality rate) and 10,268 total cases opened of which 9,925 have tested positive for COVID-19 (figure a 30-40% mortality rate), so we’re looking at over 1,000 dead (just in Florida) before this is all over and we’ve not hit our “apex” yet.  There’s no flattening of any curve (and certainly not our tummies from all of the unhealthy junk food we’ll be consuming the next 30 days) any time soon.  This 30-40% of the cases reported at present (up to 3,200) are at risk of expiring on a ventilator, that they may not get to be put onto because we lack them too.  So now I’m projecting our death toll at well into the thousands before this ends.  The U.S. toll will be much worse, especially in areas of dense populations (Detroit, New Orleans, Chicago, Miami) because … well … that’s just the way things are among the “entitled”. 

The State of Florida goes into a “safer-at-home” mode statewide as of midnight tonight (the 2nd). That does not however mean, that Floridians are going to absolutely “heed” the warnings and stay put.  They’re too used to partying.  I mean, with many in the Sunshine State claiming “retired status”, what else is there to do besides having back yard parties, formal and informal get togethers, golf and boating outings, fishing excursions and hanging out in bars listening to live music, getting hammered on happy hour pricing … along with going out to eat  … Floridians’ favorite pastime and going shopping.

It was obvious we didn’t learn the meaning of social distancing, so the “nanny state” has to kick in and do its thing to remind us we need to be more responsible to each other if we’re going to continue to survive, even in the future as to further pandemics.  And I’ll concede here the Governor’s order was late in coming, but will it have any real impact if peoples’ attitudes remain the same (as if the order hadn’t come at all)?  I’m not faulting the Governor’s delayed reactions.  None of us were prepared for this eventuality and we should have been.

We still lack masks, gowns and respirators.  We still lack toilet paper (because someone out there is wiping their ass a 1,000 times a day) due to hoarding, as well as hand sanitizer (despite reports that it may not be that “sanitary” to use as a foolproof guard (like Lysol) for NOT killing the coronavirus.

I am going to go to the store and buy one bar of Castille Soap (x 4 for 4 bathrooms in my house) and no more, so that I am sure when I wash my hands, ALL of the germs are getting wiped out, as there are questions of whether the “antibacterial” soap, which is supposed to get rid of “bacteria”, which viruses are NOT, is as effective as “they” say.

Among other things, join R.J. Malloy and me on City Spotlight-Special Edition on WKDW-FM this coming Monday at 2 P.M. EDT … click HERE to get online and then click LISTEN NOW to join the broadcast (at 4 minutes past the hour).

Stay safe and stay healthy (I’m still doing the Allimax thing and I’m feeling great! allimax.us).

A BIT DISCONCERTING UPDATE … 

Stuff has been circulating about that is a bit inflammatory and disconcerting as to some folks’ deep-seated feelings about Americans (click the photo to enlarge it and click the back button to return to the article):

I can safely say that not all of the Chinese feel this way. There is a certain segment of any population that has deep-seated resentment for someone or some group of people. Take for instance, the polarization that has occurred within the two-party system in this country. Why does it occur?  Because the media and the political pundits have been successful in pushing peoples’ hot buttons. It has forced societal upheaval that will compound the issues surrounding this pandemic.

I have not heard the latest socio-economic data on the “end result” this pandemic could have on America, but if people do not become united in the effort to “stay at home” and slow down the spread of COVID-19, this pandemic will take more lives than the Civil War (1861-65) did.  For those feeling “entitled” … you are “entitled” to your opinion … and you are “entitled” to stay home and be safe as well.  Again, the larger the population center, the more likely the spread of the virus because people feel the need to be around other people.

“Gee, I just found out I have the coronavirus.  I think I’ll go visit Grandma and give it to her. Then I’ll go visit my sister and give it to her and her kids. Then I’ll go to the local shopping mall and cough all over the place and give it to as many people as I can, because I have little regard for anyone else’s life if I’m on my way out the door!”

The foregoing paragraph may sound sarcastic; however, history has shown us that there are people out there in society who behave this way.  Bottom line … if you treat the situation as that everyone you know has it … you are only safe at home.  Like Dorothy said when she clicked her heels together 3 times … “There’s no place like home.”

 

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FLORIDA’S GOVERNOR ISSUES STATEWIDE STAY-AT-HOME ORDER!

(BREAKING NEWS — OP-ED) — The following link will take you to the latest announcement of Florida Governor Ron DeSantis ordering a statewide “stay-at-home” order:  CLICK HERE!  For an actual in-depth copy of the Order, click the link:

120824_executive_order_20_91

The order goes into effect Thursday, April 2, 2020 at midnight EDT and will last for 30 days.  This is probably a minimum stay-at-home, depending on how cooperative people are with this order. 

This means that Florida residents can only leave their homes if they absolutely have to travel for essential services (unless they can get delivery of pharmacy meds) like grocery shopping and doctor’s office visits or trips to the emergency room if you start experiencing symptoms of COVID-19 (but only after getting permission from a health care provider who pre-screens you for the virus). 

A list of what are considered “essential services” will be published as soon as the Governor’s office makes it available. 

At the time of the announcement by the Governor, 7,773 total cases have been logged in for the State with 7,495 testing positive.  So far, 990 people have been hospitalized and 101 people have died so far.  The death toll is expected to be into the hundreds in Florida, as this poster has previously predicted. Before this is all over, given the number of patients being hospitalized, the death toll could go well over 1,000. 

Those who were on spring break down in Florida have probably contributed to the total infected elsewhere throughout the country.  The effects these college kids had on the Florida population has not yet been determined. 

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FORECLOSURES ARE THE LEAST OF OUR WORRIES …

(BREAKING NEWS — OP-ED) — April 1, 2020 … this is NOT an April Fool’s joke!

This is a short post.  If you want to hear the full story, tune into City Spotlight-Special Edition (with this poster) on Friday at 6 p.m. EDT on kdwradio.com! I will talk about securitization and how it relates to how the government and the banks are going to cope with the spate of foreclosures that are being held off temporarily but will soon come gushing out of the economy like a spigot under pressure! 

The State of Florida has been bypassing every other state in the U.S. in reported coronavirus cases except for California and New York.  Imagine the number of U.S. citizens dead at 240,000+? THAT figure was just released by the White House as to an estimate of how many this virus is going to kill. 

Florida is dealing with 6,955 cases (6,694 testing positive) of which 890 are in the hospital and 87 people have died as of the latest reporting period. In the U.S., there are 163,539 reported cases and 2,860 deaths (not updated, but as of the latest CDC counting period). We do not know if these figures are totally accurate, but they are close. 

The State of Florida has still not decided as to whether to “lock down” the state with “stay-at-home” orders.  As I previously stated, the death toll in Florida will be into the hundreds before this pandemic ends here. The author of this post believes the “lockdown” will not be done statewide because all of the counties in the state (of which there are 67) are NOT reporting any outbreaks or COVID-19 cases, so why penalize the entire state yet?) are not affected.

Plan on staying in isolation until at least the end of May if not later. The curve is not going to flatten out anytime soon because the majority don’t want to behave and act responsibly.  Soon, it will not be safe to even go grocery shopping, as store employees are reportedly now starting to be infected and it’s unknown where the vectors are coming from that contaminated them.

The most important thing to remember, in any State of the Union, is that the more you are out in the public, the more at risk you are.  You are less likely to get COVID-19 if you simply limit your exposure to the following:

  1. Grocery shopping with surgical (or something closely resembling) gloves on and a mask;
  2. Using drive-through services at banks and restaurants that are doing such services;
  3. Dropping mail off at mailboxes instead of going inside of the post office (you should NOT necessarily have to be mailing off packages right now); 
  4. Communicating with people by phone BEFORE you stop by to see HOW LONG they have been in isolation BEFORE you knock on their door.  They may be a vector and you wouldn’t know it until much later; and
  5. Parks and other public places that contain lots of surfaces that you could inadvertently come in contact with.  

There are medical personnel traveling to New York at the urgent pleas of Governor Andrew Cuomo whose brother Chris just contracted coronavirus.  

God be with those workers and keep them safe. 

I am working on a post now that contains two new legal cases from the appellate courts that may be of interest to those who are fighting foreclosures.

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FORECLOSURES HAVE BEEN DELAYED BY GOVERNMENT ORDER! BUT …

(BREAKING NEWS – OP-ED) — This post is in response to those who don’t think I’m preaching enough about foreclosures when they can go elsewhere to get news about the coronavirus.  I get it.  We’re all in a state of panic about something, right?  Do you really think the government wants you out on the street right now? 

WE HAVE TO BITCH ABOUT SOMETHING

No one wants to contract COVID-19 because of being evicted and forced out onto the street where you might come in contact with a “vector”.  You might then become a “vector”, despite showing symptoms.  The government has put forward a “new system” now because its medical system doesn’t have enough ventilators.  If you have an elderly disease like dementia, or autism, or some other paralytic condition, you are moved to the bottom of the list. If this pandemic is to teach us anything, is that America’s medical system was and still is not prepared for anything of this magnitude.  If you’ve got Netflix, watch “The Day After Tomorrow” and you’ll see what happens when people “ignore the signs”.  

Like I said previously, people can react before the government does. They saw the virus coming.  They ignored it. The spring break kids ignored it and they too knew it was there.  They put themselves at risk.

Foreclosures are no different.  We see the signs.  We see when it’s coming. Most of the time we are in denial that this could ever happen to us.  Well, it does … everyday.  This is why I did a strategic default and wrote a book about it back in 2003. I could care less if you buy that book or not, so I’m not even going to mention the title of it here. It’s irrelevant. 

DO YOU REALLY WANT TO SEE MARTIAL LAW IN AMERICA?

A lot of people are using this crisis to do a lot of finger pointing, blaming Trump or someone for this mess.  None of this will do you any good.  Further, there are those out there that think Trump has a duty to “lock down America”.  I think most of your don’t understand what martial law is and what could potentially happen to you as part of the grander scheme.  Imagine being locked up in a FEMA camp with all of the illegal immigrants, only to find out that half of them have coronavirus and they’re all dropping dead like flies. This is why they have mass crematoriums in America on standby.  So, go ahead, push the envelope. 

Martial law means the military takes over and the Constitution as we know it is suspended.  The shadow government kicks in.  Curfews are put into place.  The shadow government takes over the airwaves and the networks and tells the American public what it’s citizens are expected to do and what happens if they don’t obey orders.  Shoot on sight orders will be implemented.  Dissidents who are considered “sovereigns” and “troublemakers” and “religious zealots” could be “rounded up” and disposed of.  Perhaps you’re not aware of Operation Garden Plot.  When insurrections happened as the result of Hurricane Katrina, Blackwater was sent in to “control” the situation and people were shot to death in New Orleans (with no consequence).  You should understand the reason Blackwater was sent in because the government can’t be held responsible for the actions of “independent contractors”.  People were looting and stealing TV’s out of store windows when there was no electricity to begin with.  Peace was restored, but at a cost. 

MORATORIUM ON FORECLOSURES

In what appears to be a knee-jerk reaction to the coronavirus issue, HUD did in fact issue a moratorium on foreclosures and evictions for the next two months for single-family homeowners who are unable to pay their FHA-backed mortgages.  This includes those who have their mortgages parked with Fannie Mae or Freddie Mac.  You can go to their individual websites and do a “loan look-up” to see if either GSE claims to “own your loan” and you’ll know whether you fit into this “moratorium”. 

Remember, I previously told you that the government is in bed with the banks vis a vis 12 U.S.C. … so, what would you expect in light of an economic shutdown?  Despite the fact HUD Secretary Ben Carson stated that this will “provide homeowners with some peace of mind during these trying times”, this does not discount the fact that when this is over, if you haven’t thought up a Plan B, they’re still going to come after your home. 

As to other lenders, we are aware here that Bank of America also said it would work with homeowners to grant forbearances on their loans for the time being.  Any other conventional or HELOC loans should be considered to still be volatile unless you can reach your mortgage loan servicer and work something out for the short term.  

You should also check with the State you live in as many of the governors (like Tennessee and Wisconsin) have ordered moratoriums on foreclosures and evictions due to the coronavirus outbreak.  We sure wouldn’t want any pissed off homeowners to go and contract coronavirus and go around walking into police departments, government buildings, showing up in politicians’ offices and other public places where politicians hang out and seek revenge by invading their social spaces and coughing all over them with the intention of spreading the virus now, would we?  That’s exactly what the manufacturer of the coronavirus wants you to do!  You can check on this, but we believe there may be a patent on this virus! 

The U.S. government wants this pandemic contained, even though there are many out there that feel this was “manufactured” for the purposes of population control or to deliberately wreck our economy so the government could step in and control us all.  All of the conspiracy theorists have something to say about it. Despite what some of you may think, the government does not want all of its citizens annihilated because it would create an all-out Civil War on American soil.  This pandemic, if not carefully controlled, could end up creating a scenario that could cause enough of an insurrection to bring this country to the brink of such a thing. 

GET A GRIP!

To many of you out there facing foreclosure, the fact that 63 people in Florida (where I’m at right now) have died of the virus as officials there deal with 5,276 cases and 652 hospitalizations under a strained health care system, doesn’t matter.  The scenario looks bleak in light of the fact most municipalities have told you to stay at home.  Of course you’re bored.  If you’re sheltering at home, right now, it’s the only thing you’ve got, keeping a roof over your head. Keep in mind that a lot of people out there are also very disgruntled and think this whole coronavirus “thing” is overblown and that it just gave people an excuse to be selfish and horde toilet paper and disinfectants.  I keep wondering when Ireland Tate is going to die of coronavirus after she went to spring break because she’s “entitled” to do whatever the f**k she wants to and screw everyone else.  She wasn’t worried about getting it and now she’s got it. God knows how many people she gave the virus to.  Colorado’s Governor made a statement (he got it from somewhere) that it’s logical to believe that a “vector” could give the virus to at least 4 individuals before being identified.  I think that figure is much larger.  Don’t fool yourselves.  This thing is bigger than the foreclosure crisis because you’re potentially dead within a month and that’s more time than it takes to steal the average American’s home through a foreclosure action.  In other words, if you have to be put on a ventilator, chances are, you’re f**ked!  If the entire family is infected, the foreclosure won’t matter.

I’M A REALIST, NOT A DOOMSAYER!

I’m not trying to preach doom and gloom here and I’m certainly not trying to be insolent or insensitive, but you should be cognizant of the fact that I have changed direction on the way I view foreclosures. The banks are just as worried about foreclosures as well, depending on how you approach them.  If it was me, I’d be using this crisis to your advantage and attempt to negotiate new payment terms after this virus pandemic ends because the banks do not want to face massive foreclosure cases again like they did in 2009 because it brought government scrutiny.  Congress didn’t pass a stimulus package to see the banks f**k things up.  The banks are in bed with the government. They bankroll politicians’ election campaigns and by God, these banks will answer to someone if they do to homeowners what they did after the 2008 financial collapse.  However, if YOU attempt to contact your politician seeking help … guess what?  They’re indebted to the banks for bankrolling their campaigns.  If it’s not the banks funding the politicians, it’s the foreclosure mill law firms who want business as usual.   Foreclosure mill law firms take the very judges to lunch that later allow your homes to be taken.  How much more corrupt does the American judicial system have to get before people wake up and this country suffers a meltdown?  This too, the Government does not want and will go to certain lengths to stop it from happening. 

THOSE F**CKING PHONY ASSIGNMENTS

I have had it up to “here” with people walking into court screaming about how their assignments are fraudulent with no proof or proper procedure in vetting WHY they are fraudulent.  It’s even worse when they send me an email about it, yet can’t tell me exactly WHY they have a case. The judges aren’t listening because they have MERS mortgages too and they’re not about to unravel their own life for the sake of saving your asses! Welcome to America folks … land of the fee and home of the slave.  With things as bad as we seem to think they are, it’s a wonder why so many are escaping Mexico to come here.  If all of the Mexicans knew they were going to end up in a concentration camp and die of coronavirus, they might think twice about sneaking into America.  The same goes for New York, New Jersey, Connecticut and Louisiana, whose residents were banned from coming to Florida to escape their pandemic hells.  They call it “shelter in place” or “stay in place” for a reason.  What does this have to do with assignments, you’re thinking?

THE INTERNET IS A DANGEROUS PLACE

People use the internet to create panic, whether it’s because they’re upset with themselves as to how they got into this foreclosure mess in the first place or because they’ve been convinced that the bank screwed them somehow and they deserve a free house because of it.  This is why I previously posted stuff on this blog about cancellation and expungement actions.  Yet … people still choose to ignore what the chain of title says and would rather just stop making mortgage payments and wait for the sheriff to toss them to the curb. They have no Plan B.  There are investors out there that could buy your house and give you enough “moving money” to effectuate Plan B. No one thinks about that.  No one thinks about how they could institute change BEFORE the problem happens.  They just think the government should do something to help them.  It’s like you’re in the ocean and a riptide pulls you under but the lifeguard isn’t coming because the water is infested with sharks. The signs were there that there are probable riptides, but like spring breakers, the signs were ignored.  This coronavirus operates in tandem with foreclosures, because of what it has done economically to the state of the economy and to those already in peril. 

WE ARE NOT A “NANNY STATE”

I’m here to tell you that’s not going to happen as the government is NOT in the business of saving or rescuing homeowners in that fashion. They’ll cut you some slack (like they have here), but it’s not going to last forever, which I why I pontificate Plan B … come up with one and do it soon.  If it means you should relocate to find new work (and maybe even better work) … then do it:

  1. Research LinkedIn and other such services to see what kinds of jobs are out there.
  2. You may be limited to certain jobs, especially if they pull your credit and see you’re in trouble with your mortgage.  This issue runs full circle  which is why the government told the banks not to “stain” consumer credit reports during the crisis; however, it doesn’t mean the damage was on your credit report beforehand because you have/had a history of not making your mortgage payments.
  3. There are no handouts in foreclosure.  Foreclosures cost money, especially when attorneys get involved and many of them aren’t smart enough to do anything but delay (buy you time) so you can figure out what your “end game” is.  Most attorneys want to know that before they take your hard-earned money.
  4. Look at what it will cost you to defend your foreclosure.  One couple in California spent over $100,000 over 10 years fighting to stay in their home and the battle has ended for them. They were able to delay the foreclosure for 10 years, but look what it cost them in attorney’s fees to play the “delay game”.  This is not worth the time and trouble when it’s so much easier to plan a different strategy and focus your resources on it while you have this “grace period”.  I could have bought at least 2 houses with that $100,000 and rented one out to pay the mortgage on the other one.  

People are just stressed out so much, not just about the foreclosure, but survival from this virus as well. 

That’s my bottom line here.  Those who are in foreclosure now should be glad this pandemic came along. They are most certainly interrelated if not coincidental.  I know you probably wish the people directly involved in the foreclosure of your home would get coronavirus and die.  Maybe they will … the way America is acting right now.  Being cooped up is no fun, is it?  Again, use the time to your advantage and think PLAN B.

If you don’t, you could become the next victim, so … I can’t just ignore the coronavirus for the sake of foreclosure issues. This pandemic is affecting those who aren’t in foreclosure, but could be if their breadwinner dies of coronavirus. This virus has the effect of a rattlesnake bite, except there’s no antivenin.

Stay safe and healthy. Stay home.  We can survive this thing.

For those of you who want to build up your body’s immune system, visit allimax.us

 

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THIS MAY BE CREEPY … BUT …

(BREAKING NEWS — OP-ED) — March 27, 2020 @ 8:05 p.m. EDT (by Dave Krieger, poster)

This just in off of CITampa.com … this is a map of one Fort Lauderdale beach in Florida during spring break:

Using a tracking software, one company was able to discern where all of the partiers who may have been exposed to coronavirus traveled after they left Florida.  If this doesn’t scare the shit out of you, nothing will.

To watch the video, click on the link HERE!  Scroll down to the Twitter feed and activate the video with your sound on.  Yeah, it’s creepy how they can track your smartphone.  It’s also freaky because of the number of spring break students that don’t give a shit about anyone but themselves … and they knew the coronavirus was out there when they went to Florida!  In fact, one girl, 21-year-old Ireland Tate from Nashville ignored the distance rule and even bragged about it.  Now she has the coronavirus! SEE HERE!

The arrogance of it all.

In the meantime, the two cruise ships with sick coronavirus-infested crew on them just landed in Miami with 4 dead on board and another 168 afflicted with the virus.  

 

The area of Florida I’m in just got its first 2 cases of confirmed coronavirus and one Sarasota County Firefighter has just been confirmed as well.  Three other firefighters are in quarantine as a precaution. 

FLORIDA CASE REPORT

As of the time of this update, the number of Florida cases rose to 3,763, with 54 deaths and 526 people hospitalized.  Statistically, this represents about .014% of those infected, which is a fractional percentage uptick; however, it does not tell us how many people are infected and don’t know it yet, which is why states are putting their citizens on lockdown and only allowing essential services to operate. Florida is not one of them yet.  Rather than implement a statewide lockdown, Governor Ron DeSantis is allowing the counties to decide whether the pandemic in their own region is worthy of containment to the point of telling residents to stay home. 

Meanwhile, those business in Florida who are in need of assistance due to business losses can contact R. J. Malloy at WKDW-FM Radio (an agent for the SBA for the small business loans) at (941) 564-8739 and he can help you apply for low-cost emergency funds.   Since all 67 counties have been declared a disaster area, emergency assistance from the SBA can now be applied for. 

Broward County, in the center of South Florida, has recorded 10 deaths so far (of the 46 statewide totals). Keep in mind (again) that any population center is likely to be a breeding ground for this virus, especially in larger populations where travel restrictions are publicly ignored (potentially by the “entitled” who think that curfews and “stay in place” orders don’t matter).  While not trying to point a finger here, I see this current suggested order extending through at least the end of May.  At least.  As I noted previously, I see the death toll in Florida into the hundreds before this is declared “over”. 

ANOTHER REPORTED DOWNSIDE … 

Chicago, Detroit and New Orleans are now all reporting upticks in their confirmed cases of coronavirus.  Florida is now including New Orleans residents being banned from entering Florida. 

FLORIDA’S GOVERNOR HAS ISSUED AN EXECUTIVE ORDER: DO NOT COME TO FLORIDA! 

Excessive travel is not recommended, especially people planning on coming to Florida.  The Governor has issued an Executive Order for residents outside of the State of Florida NOT TO ENTER the State at all, especially from areas like New York, Connecticut and New Jersey, where the virus has been tabulated in record numbers. The Executive Order appears to have been issued due to residents fleeing the New York Tri-State area (NY, NJ, CT). The Order requires incoming “escapees” to undergo mandatory 14-day isolation and has made it a misdemeanor crime punishable by 60 days in jail and a $500 fine if not adhered to, with the costs of the isolation paid for by the airline passenger trying to “escape”. The Order says nothing about those from that area sneaking in by way of a vehicle. 

Many counties in the State have taken up the idea and several have implemented restrictive curfews and lockdowns.  South Florida (Palm Beach, Broward and Miami-Dade Counties) and Hillsborough County (Tampa) are the current “hot spots” in the State for the coronavirus.

I’m going to be belabor my previous points again here because most of you have already read much of what was contained on previous posts.  

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