Category Archives: Chain of Title Education

POINT – COUNTERPOINT: SECURITIZATION FAILURE EXPLAINED

“JANE … YOU IGNORANT SLUT!”

(As exclaimed by Dan Akroyd to Jane Curtin on Saturday Night Live …)

Sorry … I had to do that because you can’t say that to opposing counsel in foreclosure court … as much as you’d like to!  Still, I’m not an attorney, I can’t render legal advice, but I have been listed on at least one attorney’s “expert witness list” for upcoming trials! 

My blood boils when I’m consulting at a foreclosure trial and I hear the bank’s attorney claim that the borrower has nothing to do with the PSA because I know damned well that the borrower (nor his counsel) has a comeback that they can waylay on the bank’s attorney in point-counterpoint fashion, which is why I went with the opener that I did.

The bank’s attorney doesn’t want the borrower opening up the subject of securitization failure, because in so doing, the REMIC finds itself without standing to foreclose.  End of story … because the last attempt is always (when Fannie Mae and Freddie Mac aren’t involved) the use of MERS (through servicer fraud) “assigning” a note a mortgage years later into a REMIC trust. Securitization failure may look obvious on paper (what’s recorded in the land records) but it cannot account for the path the note didn’t travel.

The last trial I attended, I saw the bank’s attorney “step in it”.  You could hear her tiny little heels squish in the pile of dung she just sunk into asking the expert witness (who understands securitization) about the “closing date”, then suddenly realizing that she opened Pandora’s Box.  Sadly, the foreclosure defense attorneys need to climb on board with this thought process, as elaborate as it might be.  I’m going demonstrably put it into as easy a graphic as I can, using various scenarios (“submitted for your approval”, as the Twilight Zone‘s Rod Serling would say from the grave). You have to educate the judge!  You have to!  I don’t care if the other side jumps up and down with objections, you have to keep on keeping on.

FEW ATTORNEYS REALLY “GET IT”

First, let me share a pdf with you, written by (in my book) one of the most brilliant attorneys on record:

charlies-wallshein_securitization-fail-part-one-001

The foregoing even has “affirmative defenses” included in this paper, if you know what you’re looking for.  Thanks to Charlie, I used a chunk of his explanation and diatribe in a Texas Rule 736 motion I drafted for use by counsel, which, when coupled with a Rule 12 motion by the attorney (a motion demanding to know who the law firm was representing in its Application to foreclose), the law firm “non-suited” the foreclosure case (made it go away)!

I shall further elaborate, as I do in chain of title assessments where the last party to allegedly have the note and mortgage transferred to them is the REMIC … years after the fact.  The borrowers and their attorneys focus on the Pooling and Servicing Agreement and miss the whole enchilada completely.  It’s not just the PSA we’re talking about here folks!  It’s the entire “sales pitch” … I’m talking about the 424(b)(5) prospectus (and none other than).

The PSA does NOT contain your loan number!  The prospectus contains your loan number!

The prospectus contains well more of the governing regulations than the PSA, all neatly signed under penalty of perjury under the Sarbanes-Oxley Act!   When the bank’s attorney says the Borrower has nothing to do with the Assignment, why then are you stumped?  Why can’t your attorney object?  It can’t be because of ignorance, right?

However, just because your loan number is listed within the prospectus doesn’t mean that your loan is actually in the pool (or made the pool before the cut-off date).  Look at it in the simplest of terms:

  1. Why do lenders use the MERS® System?  

The lenders use the MERS® System as a means to register and securitize mortgage notes within the secondary markets.  However, before the note (and its accompanying electronic paperwork) can be traded (transferred, sold, resold, multiple times over), it has to be digitally uploaded into the MERS® System, which was created for the purposes of electronically transferring the note!  

This is why (when you look at your loan on the MERS® Servicer ID page, the loan reads “ACTIVE”.   That means, it’s “actively” being transferred (potentially multiple times over) from one entity to another while the Servicer’s name remains constant.  When you see the word “INACTIVE”, it means the loan is no longer being traded, most likely because it is NON-PERFORMING!  Who could get away with selling non-performing loans?  Only in the securities market can you get away with that!  This goes back to the late Judge Arthur Schack in the HSBC v. Taher case, which was reversed and assigned to another judge, because the powers that be (the Appellate Department) said Schack went too far (in vetting the truth about robosigning using parties claiming to be officers of MERS). So, as long as the note doesn’t end up in its “final resting place” (as claimed by REMICs in millions of foreclosures), we have an “ACTIVE” note trading within the MERS® System.

2. The servicers who subscribe to the MERS® System purposefully abuse it!

The MERS® System, as I have previously noted in other posts, as well as in the OSCEOLA COUNTY FORENSIC EXAMINATION, allows servicers and their minions and subordinates within their default divisions or their contracted third-party document mills, to “manufacture” standing by creating assignments out of thin air, utilizing the name Mortgage Electronic Registration Systems, Inc., accompanied by what is proclaimed an “official title”, with only flimsy, non-notarized proclamations by William Hultman or his “successors” within MERSCORP Holdings, Inc. potentially attached to the pleadings as a means of “verification” of the use of the title by the “nominee” (who also thinks it’s a beneficiary, which it’s not).

Regardless of their “signing authority” or other Limited Power of Attorney proof of anything (as Limited Powers of Attorney can be falsely created to reinforce a claim by the REMIC that certain servicers are covered to do exercise certain powers under the power of attorney), there is nothing in the MERS Rules of Membership that forces the users of the MERS® System to “play by the rules”.  In fact, all of the users of the MERS® System have to “indemnify” MERS and its parent of any liability in connection with the creation of these documents, which means it’s “open season” in the fraud department in the creation of these documents.

   3. Parties outside of the MERS® System are allowed to participate with the servicers in creating the documents employing the use of the MERS® System! 

During the Osceola County Forensic Examination, my team discovered (in hundreds of assignments) the use a law firm in the creation of the assignments.  Many times, the assignment itself contained the words, “Prepared by:”, with either the name of the law firm, a law firm attorney or a non-lawyer working for the law firm.  My take here is that this is where you have RICO issues because the servicer, a law firm, a notary and multiple employees of both, are tasked with the creation of the document.  We are not just talking civil RICO issues here, but also criminal RICO, because the document is generally created under the direction of the law firm handling the foreclosure (in mortgage states), or in the alternative, a document processing company (e.g. LPS, CoreLogic, etc.) being involved in engineering the “proper parties” onto a piece of paper that is going to be relied upon in court to foreclose on the property.  The law firm handling the foreclosure will then rely on an assignment that it was involved in creating to steal the home, knowing full well that the assignment contains multiple misrepresentations which are not provable because the assignments clearly show the note and mortgage were transferred into the REMIC years after the Cut-off Date!

This is why I intend to write a follow-up paperback aptly titled, “How To Screw MERS!” (or something like that), to explain how to circumvent the MERS®System in your dealings in real estate (part of your due diligence before you buy a piece of property using a “MERS Member”, which is false, because the alleged “MERS Members” aren’t really “members”; they’re user-subscribers of the MERS® System, through the use of an executory contract with MERSCORP Holdings, Inc. (which is nowhere to be found on your note, your security instrument or the assignment).

4. The “Electronic Tracking Agreement – Warehouse Lender” clearly shows who the “players” are … and MERSCORP Holdings, Inc. is one of them!

If you look at the attached: eta_warehouse_template_v6-mers-and-borrower4, you will see what I am describing here, as to who the “electronic agent” really is. Is this disclosed to you at closing?  Hi there boys and girls, can you say “Truth-in-Lending Act violations right out of the gate?” … sure you can!  (playing on Mr. Rogers’ voice).

Do you see where your “name” is inserted as to “Borrower”?   Didn’t think so.  That’s because you’re not the Borrower, the originating lender or mortgage broker (like that pesky “Rocket Mortgage” and other digital online services that make it so easy to “get approved in minutes” for a mortgage loan).

Notice in the third paragraph where it says, “the Borrower is obligated to pledge the Mortgage Loans to the Lender”?  Notice the term used “Loans” is in the plural?  That’s because the “Borrower” in this agreement is the originating mortgage broker/lender and the “Lender” in this agreement is the “Interim Funding Lender” (like Countrywide, WaMu, IndyMac, etc.).  Look who the “Electronic Agent” is:  MERSCORP Holdings, Inc.!   What is an agent?  (hint: a nominee)

Then why isn’t MERSCORP Holdings, Inc. (the parent of MERS, the entity with all the money) plainly stated on your loan paperwork, including your Note? Where is the Truth-in-Lending Act when you need it regarding non-disclosure of the real “truth”.  It was hidden from you at closing?  That might even bring about suspicion for a RESPA violation as well.

Notice within Paragraph 4 of this agreement where it says that the “Lender and the Borrower desire to have certain Mortgage Loans registered on the MERS® System (defined below) such that the mortgagee of record under each Mortgage (defined below) shall be identified as MERS;”   Did you ever sign a paper like this at closing?   I’ll save you the time looking for it.  You didn’t.  That’s because the “Borrower” in this agreement, involving the placement of your loan into the MERS® System IS NOT YOU!  Did you agree to that?   Didn’t think so.  But it sure the hell explains how your loan got “registered” on the MERS® System, doesn’t it?

This was all created to be part of the securitization process.  This is why the entire process is flawed … and why it needs to be eliminated … and why the parties who created it need to be in prison!  The MERS®System is the platform through which the RICO acts were committed.  Indemnification or not, the platform is there … and it’s knowingly being abused.

YOUR NAME AND ORIGINAL LOAN NUMBER IS ON THE ASSIGNMENT!

This begs the question: How can you NOT be involved?  The assignment is talking about your very loan and mortgage (or deed of trust) being conveyed by the employees of the mortgage loan servicer (who can’t get the originating lender to do it because it’s more than likely defunct), whose employees create the document out of thin air, under the instruction from: (a.) one of the major title companies; (b.) the foreclosure mill attorneys involved in the litigation; and (c.) a third-party document mill tasked by the servicer to keep the transaction at arms length to avoid suspicion.  In any case, the document is a fraud.  They know it. And you know it.  But the judges don’t know it because no one knows how to tell the judge a thing or two about the real aspects of securitization because they know that 99% of these assignments are fraudulent and by ruling against the bank on securitization failure, they would open up a “three-ring circus” in their courtroom while jeopardizing their political futures.

The servicer uses its own “loan number” which generally does not match yours.  But when the bogus assignment is drafted (and many times backdated for a purpose) by the servicer’s employees or that of the law firm or third-party document mill, your original loan number and name is on the assignment.  Why not simply ask the judge to take your name off that document (since you’re not involved in it) and we’ll call it a day?   You know how that will end up, right?

You first have to object to the attorney’s comment that you’re not involved in the PSA, because technically, the PSA talks in general about operations within the REMIC itself.  If you’re going to enter the PSA as evidence, you’re shortchanging yourself and your case.  What you should be entering is the entire 424(b)(5) prospectus.  It still costs $4.00 a copy from sec.gov on their forms page.  They have a contract with United Parcel Service to ship it to you at no charge.  You pay $4.00.  Get the whole prospectus.  The front end of the prospectus is what contains the cut-off and closing date, not the PSA.  Have you ever noticed that, or did you just take someone’s word for it?

exhibit-9_occ-asset-securitization-comptrollers-handbook

Notice the foregoing “Page 8” and where it came from … the 1997 Comptroller’s Handbook issued by the Office of the Comptroller of the Currency.  This handbook was issued before MERS Version 3 came into being.  Notice how the first paragraph below the diagram talks about the Borrower being a party to the securitzation chain?   Do you understand why?  Because in simple fashion, in order to make the chain work (the whole system), the Borrower’s payments facilitate the income stream to the investors, who received non-recourse bonds on the Closing Date (or Start-up Date, according to IRS terminology) of the REMIC.

That is, unless securitization failure occurred at the Start-up Date.  This begs the use of an expert witness at trial to can testify as to the facts, followed by the use of depositions of the parties creating the document (the assignment) to reinforce the fraud being plied on the court.

Actually, securitization failure occurred BEFORE that!  It occurred at the Cut-off Date!

It couldn’t have happened because after the note and mortgage was uploaded into the MERS® System database (owned by now-MERSCORP Holdings, Inc.), I believe the original paperwork was no longer needed and was shredded.  My forensic examiners and I have heard this on more than one occasion, right out of the mouths of the bankers!  Thus, when the Borrower went into default: (a.) the servicer handling the loan dummied up an assignment, knowing already that it didn’t have the original loan; (b.) the servicer went into the MERS® System and downloaded the “uploaded electronic copy” and printed it out and took it into court (after adding a bunch of other “allonges”, “indorsements” to the note to try to tie the chain of title together with the chain of custody of the note.

Let me be clear here!  I do not believe that the allonges and the indorsements were completely added until AFTER the original note was retrieved from MERS. The latest article by Neil Garfield, which contains a statement: “I have obtained confirmation from a large bank vendor (Visionet Systems, Inc.) that it rectifies “lost notes” by reapplying the “signature images” upon stored copies. –Bill Paatalo, December 10, 2016.” goes to the core of the following scenario:

My wife and I attended a trial in Fort Myers, Florida where Bill Paatalo was admitted as an “expert witness”.  I went for two reasons.  First, I wanted to see what kind of questions the bank’s attorney and the judge were going to ask Bill about his expertise and the facts of the case; and second, we had dinner with Bill after that to further discuss the case, which ended up without a Final Judgment being issued that day (in court) because the judge wanted more education, in the form of trial briefs by the attorneys, which were due yesterday (I have not seen the brief).

This clearly also shows that the Notes were, at one time (as I suspected) electronic copies.  And riddle me this (as the Riddler said to Batman) … where do you think Visionet Systems, Inc. got the copy of the note?  Visionet is NOT a user of the MERS® System (check for yourself like I did) and therefore, they had to get the note from somewhere (more than likely the servicer, who IS a user of the MERS® System).  This now begs the deposition of someone at Visionet Systems, Inc. to verify this chicanery.

There are at least two cases supporting this conclusion! 

If you’ll simply Google a pdf of “In re Saldivar” (Texas) and “Glaski v. Bank of America” (California), you can see from these two cases that the court finally recognized that if the note and mortgage (or deed of trust) weren’t assigned until years after the Cut-off Date”, there is no verifiable evidence of WHEN or IF the note and security instrument actually “made it into the pool of loans” within the REMIC trust! This is what Bill Paatalo testified to at trial in Fort Myers.  When attacked by the bank’s attorney on the possibility that the note and mortgage made the cut-off date and that the assignment was strictly a memorialization of that fact, Paatalo responded to the “fact” that the assignment itself shows the date of the assignment being two years after the REMIC closed; thus, there is no possibility that the governing rules of the REMIC were complied with.  I am referring to the entire 424(b)(5) prospectus here, NOT just the PSA!

The OCC clearly contemplated that the Borrowers were the parties signing the notes and security instruments, which contained the provision (in paragraph 19 or 20, depending on which long form security instrument was employed at that time) that “the note, or a partial interest in the note” may be sold or transferred. It says nothing about the parties involved in that transaction, the “boss of the note” at foreclosure proceedings, or securitization of the loan.

Not only is the chain of title screwed up (because the right hand doesn’t know what the left hand is doing), certain parties came in contact with each other to “dummy up” paperwork to steal the house.  It’s that plain and simple.

That my friends, is a short-form explanation of the formula for securitization failure in roughly 3200 words, despite the fact I’m not an attorney nor do I render legal advice.  Share this with everyone because the life you save may be that of someone you don’t know that desperately needs to view this educational post!

BTW: For those of you wanting a progress report on the new FDCPA book I’m working on … I’ve about 40 pages to go!  I’m trying to get it done by the end of the year!  It contains some real damning information every “consumer” should know about, from foreclosures, to credit cards and car loans to student loans … all of which have been securitized … including relevant case law to back up the education I provide in this book! 

Dave Krieger, Clouded Titles

 

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THE LAST QUIET TITLE WORKSHOP OF 2016!

BREAKING NEWS (from the poster)! 

For those of you who are planning to attend the Honolulu, Hawaii Quiet Title Workshop, please be advised of the following:

  1. This will be the last workshop of 2016 that Al West and I are doing together.  Either be there or miss out.
  2. This will be the last quiet title workshop that Al West and I are offering to the general public, due to lack of interest.  So, this is your last opportunity to have a powerful think tank at your disposal.  You can get the information on the workshop by clicking on the following links:
  3. QT WORKSHOP_HONOLULU_REGISTRATION FORM  (Please follow the instructions on the form!)
  4. QUIET TITLE WORKSHOP FLYER_HONOLULU  (I would recommend using discount hotel services to book your room and airfare, as our group discounts have expired!)
  5. I have decided to go a different direction involving my consulting work, which means I will be handling more attorney-based cases involving investors and homeowners who have retained counsel that is willing to accept consulting services; otherwise, I will only take cases on that basis.
  6. I am not a lawyer referral service; however, I can assist you in vetting attorneys, once you find them.  This will be done on a conference call basis for a flat fee of $75.00, payable by credit card in advance of the conference call.
  7. You can still purchase The Quiet Title War Manual, Clouded Titles and The Credit Restoration Primer from the Clouded Titles website.
  8. The online COTA Workshop is still in development and probably will not be ready until 2017.  If I become aware of any COTA Workshops being hosted by other entities in the future, I will inquire as to whether the folks who monitor this blog will be allowed to attend, at which point I will post the information accordingly.
  9. Any referrals to other consulting services outside of my immediate concern are the responsibility of those parties wishing to contact and contract with those services.  I no longer am working with outside parties who may or may not have further useful information to help you with your case.
  10. The rates on my COTAs now start at $1295.00 and go up from there.  I have a “full plate” and anticipate having a full plate for the next 3 years.  Despite what the banks, MERS and law enforcement have attempted to do in smearing me all over the media, with the help of a few self-proclaimed “investigators” who run  websites that state I ripped off the U. S. Government, I am still economically intact and am not going anywhere.  The Orlando Sentinel’s Henry Curtis got his story all wrong and was probably paid off by someone to write the article against the Osceola County Clerk in the first place, which makes his brand of journalism shoddy and unreliable at best, about as unreliable as you can get.  Any news outlet that would hire him would be a huge mistake and a disservice to the public at large. The current Osceola County Sheriff STILL isn’t running for re-election and the 9th Circuit State’s Attorney who refused to investigate the Forensic Examination commissioned by the Clerk was defeated in the Democratic primary last August.  The voters have awakened!

That being said … 

  1. I will still continue to post updated information on this site.  Once the online workshops are up, please note they are general in nature and are only there to help you formulate your research in conducting chain of title issues and will not offer legal advice, attorney referrals or any other subject matter information that is not relevant to chain of title.
  2. I will still continue to be the “foe” of MERS, MERSCORP Holdings, Inc. and the banks.  I am sick and tired of them and wish they were all in prison.  Unfortunately, the United States Government is in bed with the banks; yet the average, uninformed consumer still chooses to participate in impulse buying of homes they are NOT entitled to and cannot afford; thus, the same nonsense that plagued us in the 90’s and the millennia will continue to plague us for at least the next decade as the banks continue to water down the Dodd-Frank Act through their lobbyists.
  3. If you wish for Al West and I to come to your city to conduct a Quiet Title Workshop, there are firm parameters you will have to follow. You will have to guarantee 30 paid attendance for the event and the rate will be higher than what we normally charge to do a workshop and you will have to pay our travel to and from the event, plus meeting room and hotel rooms. No exceptions.
  4. I am still working on the FDCPA book.  This book is going to be a powerful think piece, in addition to all of the case citations, strategies and legal attack plans placed within this work, based on previous history of those who have been successful in such actions.  This has become the most formidable attack plan against the servicers and their law firms who lie in court about who they truly represent.  Yes folks, we are knee deep in servicer fraud.  In my estimation, the named plaintiff in a foreclosure suit does not know they’re the named plaintiff!
  5. The federal court systems (as well as the state court systems) are corrupt as hell!   Sure, there are a few judges out there that get it academically, but until you do your research and bring an adequate “game plan” to the table, all of the bad case law will continue to screw things up in the legal system because people may be mad, but they’re still unprepared financially and in all aspects of their education involving legal matters.
  6. Most attorneys have figured out how to scam homeowners for monthly payments and give them nothing in return.  I am still getting email from homeowners who are concerned that they may have picked the wrong attorney to represent them.  I am not an attorney referral service, but I have a few that I work with that I have found to be reliable.  If you have started your litigation pro se however, they may choose not to work with you.
  7. Please do not contact me about TILA and RESPA issues. That is not my focus.  There is narrow case law in these areas and you still aren’t going to get and free house, despite what anyone tells you.  I have been contacted by United States Treasury Agents regarding certain claims made by firms who tell consumers that all they have to do is file a rescission and they get a free house.  Unlike what happened to me 20 years ago, it is not me that is the target here.
  8. I will continue to do county land record audits.  If you know of someone who needs (or has indicated) they want one done, please let me know. If you’re in California, Al West will show the County Recorder how they can get a county land record audit done without the charges coming out of their budgets.
  9. Al West and I are still working on projects together.  Al West and I will be at the U.S. 9th Circuit Court of Appeals hearings on MERSCORP v. Robinson.  Yes, I authored quite a bit of the reply brief and I am very well aware (as MERS is) of the fact that MERS sent a mole in to bug our Las Vegas Quiet Title Workshop. I found out about that from information supplied to me that originated through a federal judge in Maryland. It would appear to indicate to me that the folks at MERSCORP Holdings, Inc. (and the U.S. government) understand that I am “not going away any time soon” … and if I do, it will be by their hand and their doing and not mine!  We are still coordinating efforts regarding certain AWL and ABC mortgage loans. We are also handling IRS Whistleblower cases!
  10. In certain matters, I may also be testifying in court. This still does NOT make me an expert witness. Please do not contact me to testify at your hearing or at trial.  If subpoenaed without my knowledge or consent, consider me a hostile witness ab initio.  I still want my day in front of the grand jury, be it state or federal.  I have a lot to tell them and show them.

Beware of whack jobs that continue to dwell on what happened to me 20 years ago.  As attorney Lynn Szymoniak eloquently put it … “it doesn’t matter what he did 20 years ago, what matters is what he’s doing now!”  If Ms. Szymoniak didn’t believe in what I was doing, she would NOT have shown up to my COTA Workshop to lecture to the class.  Please support The Housing Justice Foundation.

Finally, when I’m done with the FDCPA book, I am going to pick up where I left off and finish the “other book” I have been working on … a book which explains in detail what happened to me 20 years ago, the American legal system, American politics in general, and why Americans are becoming polarized in certain aspects of society.  The U. S. Government will definitely NOT like what is in this “other book” (although it’s not as dicey as “Snowden”).  If you get a chance to see that movie … this man should be exonerated and not indicted.  He just sent a warning shot to all of you out there that think you’re “secure” when you’re anything but.

No, I’m not a doom-and-gloomer.  Like many of you out there who are evaluating your future plans and strategies, that is a wise move in my book. Remember, the U. S. government is paranoid as a whole and government employees believe everything Uncle Sam tells them.  I have found trusts to be quite handy these days.

 

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Filed under Breaking News, Chain of Title Education, Financial Education, Quiet Title Education

Clouded Titles Author Dave Krieger to Guest Lecture at COTA Workshop for Investors …

In the first event of its kind, Dave Krieger has designed a special COTA Workbook for Investors and is presenting that as part of Lou Brown’s Quiet Title Profits seminar series on Monday and Tuesday, September 12th and 13th, 2016 in Atlanta.  Any investor wishing to attend this 2-day event will have to contact Lou Brown’s organization directly at (770) 939-8283.

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CLOUDED TITLES AUTHOR DAVE KRIEGER TO GUEST ON THE POWER HOUR!

BREAKING NEWS!

For those of you wishing to keep up on the latest news and information about the foreclosure crisis …

Yes, it’s still ongoing.  In fact, there’s been an uptick in short sales and even in sales of the Clouded Titles books!  This is a sign that points in two directions: (1) people are being forced to make decisions about their real property that they do not yet understand; and (2) when the number of short sales starts to rise, it means that a wave of new foreclosures is soon to follow.  This is not just a localized issue but stretches all across America.

Clouded Titles author Dave Krieger will discuss this and more to educate homeowners about new revelations in the foreclosure industry as well as the latest issues on MERS on THE POWER HOUR with Joyce Riley this coming Tuesday, June 28th, from 9 – 10 a.m. Central Time.  You can listen live by clicking on the link HERE and selecting “The Power Hour”, streaming live!

There are two Quiet Title Workshops coming up in 2016 that you should be aware of (if you haven’t been informed of them already).  The first is in Fort Myers, Florida on July 30-31, 2016 at the La Quinta Inn & Suites, Fort Myers Airport (RSW).  It is being sponsored by Dr. Klaus Kattkus, an investor who himself is helping homeowners fight foreclosures.  If you are interested in attending this workshop, you need to contact Dr. Klaus directly at (239) 410-7299 as the Clouded Titles website is not handling reservation arrangements. I have been informed that there are still seats available for those who wish to attend (this is not a real big meeting room) and I have also been informed that there will be at least three (3) Florida attorneys who handle foreclosure defense matters in attendance at this event, possibly four.  Al West and I have agreed to lecture at this workshop.

The second workshop is in Honolulu, Hawaii and is the only workshop we are doing in the islands in 2016 (possibly ever, depending on attendance).  For those of you wishing to take an educational vacation, the trip would be a great way to share in a little Aloha spirit and clear your head at the same time so you can soak up the information that will be coming from Al, myself and others familiar with foreclosure defense matters.  There will be attorneys attending this event also, from all over the U.S.!  The event is being held at the Ala Moana Hotel in Honolulu on October 15-16, 2016 and you can click on the QUIET TITLE WORKSHOP FLYER_HONOLULU here!  If you wish to sign up to attend, you must submit the Registration Form: QT WORKSHOP_HONOLULU_REGISTRATION FORM and get it into us right away!  You can register to attend online, on the Clouded Titles website! 

We are starting to inform folks who wish to attend this workshop earlier than usual because of the need for advance planning to make the trek to Honolulu (HNL is the airport code) to attend.

THE LAST TWO HOURS OF THIS EVENT WILL BE BROADCAST LIVE ON “THE FORECLOSURE HOUR” WITH HAWAII FORECLOSURE DEFENSE ATTORNEY GARY DUBIN AND FORMER HAWAII GOVERNOR JOHN WAIHEE, WHO WILL BOTH BE IN ATTENDANCE AT THE EVENT!  You can hear the broadcast streaming live on iHeart Radio, via KHVH-AM in Honolulu.  This is a broadcast you certainly don’t want to miss, especially if you are either in trouble financially (but not yet in default) or are having issues with a pending foreclosure case!  

Both of these workshops are open to consumers (homeowners), attorneys, investors and paralegals.  The education you get from attending may be an integral part of saving your home!

On another note, it appears that MERS has a new financial backer … Wall Street.  Hear what Dave Krieger has to say about that this coming Tuesday on The Power Hour!

There also seems to be another major indicator that has signaled an uptick in the foreclosure crisis: The OSCEOLA COUNTY FORENSIC EXAMINATION, which was posted on Academia.edu, has moved into the Top (3%) Three Percent of downloaded research documents on that website, which boasts of a massive accumulation of white papers and studies of various topics to consumers and other interested parties by law professors, researchers and attorneys (like Washington’s Scott Stafne), who incidentally is running for Congress in an effort to stop the unfair acts of foreclosure, which Dave will discuss in more detail with the release of new, mind-blowing information … this coming Tuesday … on The Power Hour!  The Forensic Examination has been the subject of much controversy of late, resulting in retaliatory efforts by Osceola County, Florida law enforcement, in addition to being shunned by the Florida 9th Circuit States Attorney, the U.S. Department of Justice and the Tampa FBI.  They don’t want this report getting out because prosecution of the allegations within this report could result in the convictions of over 400 key players and hundreds of others who are continually participating in the scheme to defraud Americans out of their homes!

You don’t want to miss this powerful broadcast in the last segment of The Power Hour (which will be rebroadcast on gcnlive.com later in the day), live, this coming Tuesday the 28th!

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Filed under Breaking News, Chain of Title Education, Financial Education, Quiet Title Education

FORENSIC COUNTERMEASURES

(Op-Ed, Financial Education) — The poster of this blog is not an attorney and the information portrayed here is for educational purposes only and should not be construed as legal advice. Kudos to Washington State attorney Scott Stafne for posting this where I could obtain a copy of it in my travails in research!

The title of this post reflects what I’m about to share with you, which you should read at least twice over before making any assessments in your case.

Most folks do not realize that when the proverbial “ca-ca hits the fan” that these types of countermeasures may be necessary to defeat the “other side’s” claim to note ownership.  In an attempt to show that the title documents (the assignments in the land records) do not match the chain of custody of the note, one may have to go a step further in evaluating the legitimacy of the note. It is implied here that once the loans were electronically uploaded into the MERS® System, they were shredded because they were trading on the secondary markets electronically and their original versions weren’t needed anymore.

Anyone reading this post should understand the following:

(1) It is safe to assume that prior to closing your loan, your loan could have been sold as many as NINE TIMES (or more in some cases)!  This means that your originating lender, who many times is just a corresponding lender (5% of their own money into the “game”) was paid off BEFORE the closing actually occurred, which would appear to indicate that the document (the mortgage or deed of trust) on its face is false because it does not state that the lender was paid in full prior to closing.  It only shows where your loan originated.

(2) It is also safe to assume that some investor funded your loan and you don’t have any idea who that investor might be because everything is hidden from you!  Regardless of that fact, the issue remains that the banks will falsely assert that you have no right to determine WHO was involved on the “other end” of the financing spectrum, even though there is convincing research that shows the borrower is actually a party to the securitization process because without their monthly payments, the securitization chain would break (massive defaults in any given tranche within the REMIC after 90 days), the REMIC’s sponsor (who already made side bets that your loan would fail) would cash in on the credit default swaps it placed, plus the default and title insurance policies it took out, which would appear to indicate it was paid in full, and then some, for your loan, yet did not apply any of the proceeds to it, but rather went to the strip club and indulged in some blow, booze and hookers, including all those “friends of Angelo”!

(3)  The reason lenders use the “MERS® System” is because they intended on securitizing your loan and the actual process started when you submitted your Form 1003 loan application! The title documents in your “chain of title” will reflect something totally different than what actually happened on Wall Street (the secondary markets).  Many attorneys and researchers I work with surmise that it was at this point (when the MERS® System was utilized), that parties whom you did not authorize to have your personal identifying information were involved in an apparent massive conspiracy to commit identity theft against you by farming your information out to “the system”, where every subscriber has access to your information, whether you gave permission or not for them to have it!

(4) The banking cartels play by numbers and they know that very few of those getting subprime loans have the resources to wage a legal battle in the court system! This is one of the reasons why they “got out ahead of it” when it came to setting case law involving shutting down the “back end defenses” to securitization, which are now the subject of much litigation in the “sand states”, especially Florida and California.  Anyone reading the Glaski or Saldivar cases can certainly understand where this poster is going with this. These are standing cases!  California homeowners have been getting repeatedly screwed over with non-judicial foreclosures committed by servicers and alleged substitute trustees who (if legally bound to do so) could NOT prove they have any real interest (financial or otherwise) in your property.

(5) Forensic countermeasures may be more relevant if Fannie Mae or Freddie Mac claim to own your loan! Many forensic analysts have told me that once Fannie or Freddie (who I believe were involved in the setting up of the MERS® System to hide their own misdeeds) have your loan, utilizing these types of strategies may be the only means of “shutting down” their claim of note ownership!  In of itself, undated indorsements have also become a major part of the appellants arguments in homeowner-won foreclosure cases, as the other side can’t prove “effective date of transfer” of the note.

It is for this reason that I found that the following document may be necessary to consider when planning your litigation strategy: FORENSIC EXAMINATION OF NOTE

Keep in mind that 85% of all property owners who found themselves facing foreclosure packed up and moved, leaving their home vacant.  This violates their mortgage or deed of trust, based on the fact that they warranted they would live in the property.  It also warrants the issuance of an IRS Form 1099-A, which represents abandonment, as much as this poster still regards the illegality of that in of itself!

The remaining 15% of those property owners who did stand up to the banks dwindled the more they were challenged.  Ten (10%) per cent more of them gave up due to running out of funds and/0r the fundamental fortitude to defend their property once the proceedings either started or were challenged in the courts (including non-judicial proceedings that went judicial when the property owners filed suit to stop the foreclosure).  The remaining five (5%) per cent of all homeowners either have been beat down or are still fighting a war that has placed them in a condition of financial suppression, all by design.

These forensic countermeasures cost money.  This poster has other avenues of approach regarding research into the loan itself, even though he specializes in chain of title and quiet title research.

This is one of the reasons that this poster is working on a new book, which he believes to be fundamentally necessary in educating homeowners on how litigation strategies have shifted towards FDCPA-type filings as a means to build a “war chest” to fight the banks.  This book is taking more time than thought because of the voluminous content of case law but is anticipated to be out before year’s end.  There is more to the entire securitization scheme once “fraud on the court” issues become present!

In the meantime, it becomes necessary to plan your litigation strategy if you intend on staying in your home with the intent to “fight the monster” because the judges across America are convinced that their retirement accounts will be jeopardized if they rule in your favor, which I believe is far from the truth.  The foregoing “forensic countermeasure” is just one avenue you may wish to consider.

If I didn’t care about you and your situation, I wouldn’t be posting these types of articles! 

And the truth shall set you free … God’s speed!

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Filed under Chain of Title Education, Financial Education, Op-Ed Piece