Category Archives: BREAKING NEWS

U.S. 9TH CIRCUIT RULES ROBINS HAS ARTICLE 3 STANDING!

BREAKING NEWS — 

For those of you that haven’t been keeping track of the differences of opinion between the U.S. Supreme Court and the U.S. 9th Circuit Court of Appeals in the Spokeo v. Robins case, the 9th Circuit panel has issued an opinion that the Plaintiff (Robins) did in fact allege a “concrete injury”.  I posited this dilemma in my book FDCPA, Debt Collection and Foreclosures to some extent.  Now it appears that the 9th Circuit’s holding played in fact off of the Big Top’s decision, which was narrow, wherein a violation of the FCRA (according to this decision), an acronym for the Fair Credit Reporting Act, was enough to include this in an FDCPA action to establish that when servicers (who act as lenders) wrongfully put information on your credit report or in the alternative, debt collectors report things to the credit bureaus that are known to be false (or wrongfully reported by servicers during a period of time wherein a Qualified Written Request is pending), prevents the consumer from moving forward by hampering their credit scores, which results in future credit damage, which is an actionable injury, enough to establish Article III standing.

As you may remember, the U.S. Supreme Court issued a May 16, 2017 ruling declaring that the 9th Circuit failed to address whether the statutory provisions at issue were established to protect Robins’s concrete interests, as opposed to purely procedural issues. The 9th Circuit responded that the FCRA was created to protect consumers’ interests in mandating that credit reporting agencies issue truthful and accurate credit reports, which affect a consumer’s future lifestyle changes, the ability to obtain credit and employment potential.

The 9th Circuit remanded the case back down to the Central District of California for further action.  For those of you in the 9th Circuit states, you should be jumping for joy, because the little guy has won another round.  To see the opinion, click the link: Robins v Spokeo Inc, 9th App Cir No 11-56843 (August 15, 2017)

It stands to reason that we will be discussing this in more detail in our third of four FDCPA webinars, coming soon to the CloudedTitles.com website.

In the meantime, for those of you continuing to fight foreclosures pro se, you may wish to pay attention to the following and inquire about attending our upcoming foreclosure defense workshop in Orlando, Florida:

Download the Registration Form here: FDW ORLANDO REGISTRATION FORM

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FORECLOSURE DEFENSE WORKSHOP … COMING TO ORLANDO, FLORIDA SEPTEMBER 30-OCTOBER 1!

 

Without basic information as to how to posture your case, the mistakes you make in responding (or not) could be fatal and cost you your home.

We estimate that 99.9% of all foreclosures in the State of Florida are illegal!  You read that right!

We are planning a future two-day event to cover rules of procedure (Day 1) and rules of evidence (Day 2).  We will start the classes at 9 a.m. EDT and end at 4:30 p.m. EDT.  All attendees will receive handouts covering each section. There will be foreclosure-related books for sale (a la carte) at the event.

Here’s some of what we’ll show you in the class:

  1. How to evaluate a foreclosure complaint!  INCOMING!
  2. How to write appropriate and timely answers!
  3. How to file proper motions!
  4. The timeliness of your response to the bank’s attacks!
  5. Whether to file a counterclaim and what to include!
  6. Using litigation to buy time to make other plans!
  7. Determining the weak points in the other side’s case!
  8. How to file discovery motions, motions to compel and motions for right to inspect!
  9. How to go after the bank’s jugular vein … the Note!
  10. How to challenge phony assignments!
  11. How to pick your battles … state or federal!
  12. Courtroom protocols and pitfalls!

YOU CAN DOWNLOAD THE EVENT REGISTRATION FORM HERE: FDW ORLANDO REGISTRATION FORM

This class is NOT open to bank attorneys or state bar association officials.  Foreclosure defense attorneys may attend but may not use the opportunity in class to solicit clients.  We will offer private tutorial sessions with attendees post-training at a reduced cost.

Again, please email us at cloudedtitles@gmail.com if you have questions.  Do not post on this site!  Reserve your seat now because seating is limited!

This is only Foreclosure Defense Workshop we are conducting in 2017.  This is an inexpensive way to learn how to make the other side “bleed green”!

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MERS and its “Parent” are trying to invade Oregon again, despite Supreme Court ruling!

BREAKING NEWS — 

For those of you in Oregon, you should be writing your legislators, especially the ones who are trying to pass the following Senate Bill (968), which would put MERS back into legislative existence again in Oregon, despite the Oregon Supreme Court’s rulings in Niday and Brandrup:

SB 968 (Oregon trying to legislate MERS into existence again)

This just goes to show you that MERSCORP Holdings, Inc., who, along with several major banks, settled a $9-million lawsuit brought by Multnomah County, is now trying to do an “end run” to get itself legally back in the game, this time using the Oregon State Legislature.

It’s time to start “ramping up” against those sponsoring the bill!

Anyone want to retain a private investigator to dig up dirt on (taken from the top of the bill):

Senator JOHNSON, Representative OLSON, Senator HANSELL; Senators BAERTSCHIGER JR, FERRIOLI, Representatives BARKER, CLEM, WITT?

If anything, legislators don’t like seeing smut printed about them on the Internet.  It’s bad for politics.

However, what they are attempting to do is BAD for Oregon homeowners.  The Oregon Supreme Court already made it clear they didn’t want MERS being a nominee or a beneficiary in the State of Oregon. What part of that don’t these legislators get?

It’s called bribery! 

I know.  Harsh wording … but MERS and its parent are paying someone somewhere, through lobbyists, whatever, to put this legislation into effect so it can continue to f**k Oregon homeowners as part of a renewed securitization effort.  I want to see them all in prison.

As to the OSCEOLA COUNTY FORENSIC EXAMINATION … we are not done yet.

This author is not going to stop ranting on MERS and its band of delusionary Board of Directors, who think that the legislature in every state should accord a private entity its own legislation to ply its flawed business model on Americans, most of whom don’t have  a clue as to what is going on.  I personally think these Oregon legislators are on the “take” and so should you!   Time to start making phone calls, if you get my drift, especially if you live in Oregon. These legislators need to be “exposed” for their wrongdoing.

This also goes to show you that with Fannie Mae lowering its borrowing standards, investors are about to get bufu’d again by the major banks.  One would think that with all of the investor lawsuits going on that it should be very clear that the securitization system implemented by and through the major banking cartels are out to destroy the “full faith and credit” of each of us, one home at a time!

SAY “NO!” TO MERS MORTGAGES! 

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FOR THOSE WHO MISSED THE FREE WEBINAR … LISTEN FREE NOW!

BREAKING NEWS — (for those who missed or had trouble getting on last night’s FREE webinar call) … from Dave Krieger:
We had a smashing webinar last night with Lou Brown and Al West and myself. I highly recommend that you listen to this webinar if you have any interest in defending against and defeating the Banks. We talked about “End Game” strategies. This should give you some insight into some newly developed solutions that are tried and true. We would love to see you at the end game strategies workshop in Biloxi, Mississippi on June 13 and 14th. Either way, listen to the webinar and let me know what you think.  You can email me directly at cloudedtitles@gmail.com!
To register call 1-800-578-8580. Seating is limited so be sure to reserve your seats today!

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SECOND FDCPA WEBINAR FEATURES LAWSUIT AGAINST OCWEN, TONIGHT!

Remember the five “W’s”?

WHO: Clouded Titles author Dave Krieger, along with special guest retired attorney and former federal law clerk R. J. Malloy!

WHAT: We’re going through drafting content in the framing of an FDCPA lawsuit, and Ocwen is the target!

WHEN:  Thursday, June 22, 2017, 8:00 p.m. (EDT)

WHERE: CloudedTitles.com (go to the webinar link and sign up)

WHY: Because Ocwen appears to have lied to everyone about its servicing practices. Twenty states and the District of Columbia have banned Ocwen from taking on new loan servicing accounts until they can prove they’ve cleaned up their shoddy bookkeeping practices.

 

HOW TO SIGN UP: Go to the Clouded Titles website and click on the webinar link and go to the shopping cart and check out.  You will be sent a code in your email inbox that links you directly to the webinar, which will be recorded and archived for later use.

Don’t miss it!

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