Category Archives: BREAKING NEWS



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  Click “LISTEN LIVE” to join the broadcast.  Dave will be talking about a variety of consumer-related issues, including this one!




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


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.


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.


  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!


  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.


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!





Several media outlets, including the Daily Business Review, Miami New Times and are all reporting that the two Ditech Financial LLC attorneys are slated to face Miami-Dade Judge Beatrice Butchko on February 1, 2018, pending their appeal to stop the proceedings.

Miami-Dade Judge Beatrice Butchko

Miami-Dade Circuit Court Judge Beatrice Butchko ordered a non-jury trial date (which amounts to a “trial to the bench”, similar to foreclosure proceedings where a judge gets to rule unilaterally instead of the matter going to a jury of peers) for February 1, 2018, where Florida attorneys Yacenda Hudson and Amina McNeil have to show why they should not be held in criminal contempt of court for not producing Ditech manuals which explain the company’s record-keeping processes, which the lawyers finally did produce for opposing counsel, Bruce Jacobs of Jacobs-Keeley, a prominent Miami-Dade law firm this blog poster is directly familiar with.

Jacobs, himself a former prosecutor, has chastised the behavior of Hudson and McNeil and their witness from Ditech, Christopher Ogden, who Miami-Dade Circuit Court Judge Pedro Escharte, Jr. has implied “gave false testimony in an effort to introduce the prior servicer’s records into evidence under false pretenses.”

Amina McNeil, Tromberg Law Group

Yacenda Hudson, Tromberg Law Group

Hudson and McNeil have hired their own lawyers, who filed multiple motions in an effort to derail the upcoming hearing.  If the attorneys are found in contempt, Judge Butchko has threatened referral to the Florida Bar, which could take up the matter for disciplinary actions against both lawyers.

Jacobs has characterized the opposing counsels’ behavior as an “attack on the integrity” of the court system.

The entire matter revolves around the “loan boarding process” over a property in West Kendall, Florida, where Jacobs demand that Ditech produce its manuals, which Ogden stated to the court contained company mandates about how processes in servicing of loans were to be conducted.  As it appears, those manuals say nothing giving credence to Ogden’s testimony in Escharte’s court about accuracy-checking processes that Ogden claimed existed.  Judge Escharte claims the company willfully lied in court to protect itself; however, the outcome in equity was that it sought to steal someone’s home by whatever means necessary.  Does that sound familiar to any of you?

It further appears that the “bugs” in the relationship between Ditech and the servicer it acquired, Green Tree Servicing, have come home to infest Ditech with more serious issues, which other attorneys and litigants could learn from.  The articles also mention a similarly-flawed process in loan boarding conducted by Ocwen Loan Servicing, LLC, which Judge Butchko characterized as “legal fiction”.

Anyone facing Ditech or Ocwen in court should now be able to use this flaw as an attack strategy in their own cases. Any time that either of these two entities bring their servicer representative to court to testify, all one would seemingly have to do is a little research into what questions to ask to tie them up into a nice, neat, little bow, to be set on fire later when they can’t produce the documents they’re relying on.

What the court systems in Florida are sadly just now coming to recognize is that the crap that we’ve known about in document manufacturing, robosigning and drafting up bogus powers of attorneys and corporate resolutions to cover up the banking industries lies have been ongoing since securitization kicked into high gear at the dawn of the new millennium.  To me, the rest of the justices across the country are either in denial or they’ve been bribed to go with the flow.  What goes around comes around.  Karma’s a bitch!

For more details, click on this pdf: Criminal Contempt Proceedings Go Forward Against Boca Raton Attorneys | Daily Business Review

I posted the attorneys’ pictures in this blog post in case you happen to face them in court … I don’t think I have to tell you how to proceed when they’re the opposing counsel.  Know thine enemy whilst thou art in the way with him …

For those of you who wish to see more evidence of fraud and misrepresentation on the court, click this pdf:


Happy Holidays from Clouded Titles Blog!





Daily Business Review is reporting that a Miami-Dade Circuit Judge has ordered two attorneys for a mortgage loan servicer and their representative who testified in court to appear at a show cause hearing before Judge Beatrice Butchko, wherein they may be facing indirect criminal contempt of court, resulting in jail time along with other possible sanctions!   See the article here: Loan Servicer’s Attorneys Face Criminal Contempt Arraignment in Miami | Daily Business Review

Here is a transcript from one of the recent court hearings in the case: GRE-1116

Here is the Order to Show Cause for the hearing for the attorneys, scheduled for December 14, 2017 at 9:30 a.m.: 2017_11_20-Order-to-Show-Cause-Why-Ditechs-Witness-and-Ditechs-Atty-Should-not-be-Held-in-Indirect-Criminal-Contempt-of-Court

Here is the final link from the DBR article: Home Foreclosure Fails on Ocwen Servicing Records | Daily Business Review

As you may recall, Miami-Dade Attorney Bruce Jacobs won a case against HSBC Bank USA, NA in Judge Butchko’s court: Unclean Hands case HSBC v Buset

Until the banks and their servicers’ attorneys start “facing the music”, the falsehoods brought upon our nation’s courts will not stop!

One thing’s for sure … all eyes will be on THIS Court on December 14th!

Enjoy the read!





Boo, Frickety Hoo! 

Why is everybody in the foreclosure mill and related industries pining over the announcement by several news outlets that Northwest Trustee Services, Inc. (“NWTS”) in Bellevue, Washington is closing its doors?

I for one am glad to see them “out of here”, given the fact of NWTS’s propensity to allegedly foreclose on U.S. servicemen and women while they’re on active duty, in violation of federal law.  The closure announcement comes in the wake of the Justice Department’s lawsuit against the foreclosure mill trustee of violating the Servicemembers Civil Relief Act (see the lawsuit HERE: US v NWTS, US W.D. Wash No 2-17-cv-01686 (Nov 9, 2017)

I have been aware of RCO’s bastard brainchild phasing out of its trustee service operations for some time now; however, NWTS has spun off its business to other foreclosure mill concerns like Quality Loan Service Corp, who has previously admitted in writing to screwing up paperwork related to non-judicial foreclosure actions. I do not make that accusation lightly.  For those who need proof of my allegations, see HERE: QLS Letter to Washington Attorney   If this doesn’t piss you off, nothing will.  It further proves that the “right hand still does not know what the left hand is doing” and that trustees, and I mean ALL trustees, cannot be trusted.

I maintain that all of the non-judicial foreclosure mills have been participating in the foregoing kind of scheme, especially involving recorded documents which they themselves caused (in one way, shape or form) to be manufactured for the purposes of standing to foreclose, because: (a.) they all know it’s a numbers game in the number of challenges they might face by homeowners who lack the funds to fight; (b.) they all know that a majority of the homeowners will capitulate and run away from the entire process without a fight at all, allowing them unfettered access to what amounts to “legalized theft”; and (c.) with RCO buying up area newspapers to reduce costs of foreclosure, it’s still making money whether NWTS is operating or not because of the shifting of cases to other concerns.

If you find yourself now facing another concern attempting to non-judicially foreclose on you, claiming to have taken NWTS’s place in the que, check the following in your local land records:

  1. Was there a recorded SUBSTITUTION OF TRUSTEE by the Lender?   According to the Deed of Trust (generally at Paragraph 24), ONLY the Lender is allowed to substitute the Trustee, NOT the servicer and NOT the previous Trustee!  The land records must reflect a valid SUBSTITUTION OF TRUSTEE … BEFORE … and not AFTER … the commencement of a foreclosure sale proceeding.
  2. Did you receive a NOTICE OF DEFAULT AND TRUSTEE’S SALE from NWTS in the past?  In order for a future sale to occur through another Trustee source, you have to have received such a notice, which must be recorded in the land records AFTER the SUBSTITUTION OF TRUSTEE was legitimately filed by the Lender.   If you don’t see that chronological sequence, you have suspect issues in the chain of title to potentially challenge the illegality of the attempted foreclosure sale.
  3. Was there a previous chain of title issue with the substitution involving NWTS?  Many folks stop looking backward, when the real damning evidence is already of record. Look to see who SUBSTITUTED NWTS as the Trustee and examine the chain of title involving alleged Assignments of Deeds of Trust.  If you happen to find an Assignment that merely conveys the Deed of Trust and NOT THE NOTE, for the sake of conducting a non-judicial foreclosure sale, you may have issues with 15 USC §§ 1641(f)(g), for violations of the federal Consumer Protection Act, as well as the Washington Consumer Protection Act (or any related state consumer protection act, for that matter).

This isn’t legal advice folks. This is just plain common sense, based on research.  Legal challenges happen in all sorts of ways.  Responsible American homeowners will fight these monsters.  Even though NWTS is closing its doors, it still has to “face the music” regarding the aforementioned federal lawsuit.  The misbehaviors of NWTS are not isolated incidents. In fact, these misdeeds are common to all trustees!

For those in judicial foreclosure states reading this article, understand how lucky you have it that you have “your day in court”, because in non-judicial foreclosure states, all foreclosures are deemed to be legal unless otherwise challenged in a court of law or of equity.  Otherwise, you don’t get the privilege of fighting the monster.  If the banks had their way, ALL foreclosures would be non-judicial.  It’s the proverbial draining of American homeownership, turning the U.S. into a nation of renters or even worse.  Homelessness is up a point this year (over 554,000 people are living on the streets) according to Housing and Urban Development: Homelessness Data Exchange   Don’t become one of them!

Sadly, just because NWTS is folding doesn’t mean another foreclosure mill trustee service won’t surface in the future that’s funded by principals of the RCO law firm or some other scumbag law firm looking to make a dishonest buck.

Most of my research has shown that according to most laws and rules, Trustees involved in foreclosure sales are supposed to maintain neutrality.  However, we know that’s really NOT the case, right?

On another note, I further would wonder why I still haven’t received a refund from the Washington State Bar Association of my $50 Application Fee for neglecting to respond to my application (not even a denial letter) to have the WSBA sanction my conducting a Continuing Legal Education class for attorneys in Washington State on quiet title actions and other end game strategies.  You can see HOW the WSBA contributes to the power base of the banking industry in Washington State, right?  The crooks roost in all quarters folks!  How many legislators can you name that the banks and their lobbyists have bribed to pass legislation (favoring the banks) recently?  And you still want to borrow money from those banks?

Coming up on Clouded Titles Blog … 

There’s more than one way to skin a REMIC!  Dialing up the pure intellectual masturbation!

Arguments for getting past the typical bank attorney statement that “the Borrower isn’t a party to the Assignment”!

Two easy ways to take the bank’s attorney “out of the driver’s seat”!

… and other more interesting stuff!

Say NO! to MERS mortgages!

Borrower only from banks that portfolio their loans!

(like Fort Sill National Bank)

That was not an endorsement … just an example!

Get back to the old ways of banking!

Support public banking!