Category Archives: I’m not posting any more stuff on here!

LSF9 GETS A BEAT DOWN IN PALM BEACH COUNTY COURT!

(BREAKING NEWS – OP-ED)The author of this post posits the following information for educational purposes only and the opinions expressed herein are that of his own and should not be construed as legal advice.

Hats off to Patrick Guinta, a foreclosure defense attorney in Pompano Beach, Florida, who handled a solid case for a personal representative of a decedent in defeating a sham trust in Circuit Court in Palm Beach County, Florida.

If you look at the court docket for this case, there were 5 pages on the Palm Beach County Clerk of Court’s website to sift through, wherein I obtained (albeit non-certified copies) legible documents, all reflecting back to the chain of title and a judge that was willing to listen to reason.  Many judges in Florida, especially the senior judges, think that if they rule against the REMICs (Real Estate Mortgage Investment Conduits) in foreclosure cases, that their pensions, of which many are vested in these securitized portfolios, will be adversely affected.  Part of that reasoning is flawed because:

  1. The REMICs never got the note and mortgage in the first place;
  2. If the REMIC did get the note and mortgage, it’s because the Master Servicer made it happen without the REMIC’s actual knowledge;
  3. Caliber Home Loans, who claims to be the servicer, wouldn’t know the truth if it bit ’em in the ass;
  4. Fortunately, Mr. Guinta managed to get an affidavit from private investigator Bill Paatalo (see here): Affidavit of Bill Paatalo
  5. Fortunately, the judge in this case decided to scrutinize the documents more fully (which many judges in Florida could care less) and issued a Final Judgment for the defendant (see here): Final Judgment for Defendant
  6. According to Bill Paatalo, the witness for Caliber Home Loans, the alleged servicer, “fought us for over a year on our motion to compel the trust agreement and to un-redact their version of the MLPSA. At trial, they inadvertently (I believe) allowed the un-redacted MLPSA (which they were ordered to produce under strict confidentiality) to be admitted into the record. They blew their confidentiality. The Caliber witness stormed out knowing he’ll never testify again. FYI – Serge Alexis. Alexis didn’t know anything about the MLPSA they themselves proffered, but oh boy did I go off on it to the judge and she was listening to every word. Their attorney from Albertelli was a deer in the friggin headlights!”

You see, anything Caliber Home Loans “touches” can’t be trusted.  Like MTGLQ Investors, LP, neither alleged loan claimant can actually prove how they got the note and they often use third-party document mills to do their dirty work (like Nationwide Title Clearing or Meridian Asset Services, both out of Pinellas County, Florida) to create assignments of mortgages and deeds of trust that are full of false misrepresentations.  Any attacks outside of the actual trial itself are met with Motions to Dismiss.  These people just want your house and they don’t care HOW they get it!

They’ll lie to a judge to get it!

This also goes to show that if you get a judge who will actually listen to testimony and stop being so anti-homeowner (e.g., “Well, if the bank shows up, they must own the note, so therefore, they’re entitled to foreclose!”).  This kind of reasoning is flawed because there is no basis in fact. It’s purely the judge’s own emotionally-biased opinion.  Like Al West, who will be lecturing on securitization and the games the bank’s play in the upcoming “Beyond Foreclosure” workshop in Orlando, Florida (along with this author and others), he always hears this same diatribe from judges in California: “Well, Mr. West, your arguments are sound, but we just cannot hurt the banks.”

If I had a picture of Al’s “size 9 asshole” (where many a judge has put his foot into, figuratively) I would show it to you as proof!

And what happens when your attorney doesn’t do their job (as Mr. Guinta has done here, successfully)?  What recourse do you have?

We’re going to discuss that at the upcoming workshop as well.  It’s called legal malpractice.  It happens a lot, especially when you hook up with lawyers that just see you as a monthly annuity and nothing more.  People retain these attorneys without ever vetting their work. At least I bothered to post the Final Judgment in this blog, so you can plainly see that some attorneys actually do “do their job” and do it well.

One of the folks who I worked with (on their case) for a number of years just got their attorney suspended for a year (with other sanctions). They will explain how they did it at the workshop.  Their attorney took $6,000 from them, agreed to do 2 depositions (of a robosigner and a notary) involving a bogus assignment of deed of trust (and note) and then pocketed the money and failed to do the depositions.  Not only that, the attorney failed to communicate with his clients until AFTER he made his court appearances … which cost them a loss in federal court, based on phony documents.  In this case, the judge obviously took the chain of title seriously, more than most judges would, especially in most Florida foreclosure courts.

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THE KRIEGER FILES … TUNE IN TONIGHT!

BREAKING NEWS — Join Clouded Titles author Dave Krieger on his new 1-hour, syndicated radio program “The Krieger Files”, tonight at 7 p.m. Eastern time, on kdwradio.com!   Click “Listen Now” to join the show, which starts about 3 minutes after the hour.   For more information about the programming, visit the website at thekriegerfiles.com!  Dave’s guest tonight is California Attorney Al West! 

You can listen to Dave and R. J. Malloy every Friday night at 6 p.m. (EDT) on City Spotlight – Special Edition, on this same station, which repeats again at 2:00 p.m. EDT on the following Monday.

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COMING SOON TO A WORKSHOP IN LAS VEGAS …

(BREAKING NEWS) — An exciting new book is about to go to press!

This book is being handed out at the Las Vegas Foreclosure Defense Workshop, sponsored by DK Consultants LLC.

You won’t find it anywhere else … and it won’t be available for a month or so after the workshop has ended!

Then … we’ve got some exciting news for you (once the book is open for purchase by the public)!

Here’s the Registration Form to attend the Las Vegas event: FDW REGISTRATION FORM_LAS VEGAS_2019

Here’s what you’ll learn at this event: FDW 2019 WORKSHOP_LAS VEGAS_SYLLABUS

Here’s the complete run down of the event information: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Here’s the link to book your sleeping room at the Doubletree by Hilton Las Vegas Airport (free breakfast and free airport shuttle)!

Now you have all of the information!  What are you waiting for (seating is limited!)

See our other article about the event on this blog site! 

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GUTTING THE UNDERBELLY OF THE BEAST – PART 4

(OP-ED, first posted: September 4, 2018) —

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.  By the end of this “series” of posts, you should understand what RISK is! 

WHY INSURANCE COMPANIES ARE “RISK AVERSE”

Like most of us who take the time to analyze the “odds” (remember the Hunger Games … “may the odds be ever in your favor”?), insurance companies make money betting on sure things.  They don’t like paying out claims.  They won’t insure individuals who may have a propensity to do “crazy shit” (like skydive, bungee jump, etc.) that might result in a serious accident or death.  They won’t insure companies that have a higher risk than normal for being sued (for committing fraud, etc.).  They also make exceptions to items within “the system of things” concerning real property, which is where this part of the evisceration of “the system of things” takes place.

SCHEDULE “B”

If you’ve ever looked at a “Schedule B” in an Homeowner’s Indemnity Policy, you will see that things that aren’t recorded in the public records as part of a chain of title are exempt from coverage. Heck, if you’ve looked at a number of the exceptions on that portion of the policy, virtually everything that you could imagine, from encroachments against a registered legal description, riparian right or legal description changes due to accretion or avulsion, virtually every obvious thing that could be insured, isn’t.  Then what is the policy worth spending extra money on?   Because the insurance companies are willing to bet you won’t ever file a claim on anything having to do with title.  That’s a sure moneymaker to them.  Anything that has alleged “coverage” on it (or so you thought) is probably exempt thanks to “Schedule B”.  Get your title policy out and look at Schedule B and you can easily spot what I’m talking about here.  This is how insurance companies make most of their money.  They exempt issues and activities that could result in them having to pay out claims.  The insurance companies really didn’t understand the “risks” that were played on them in the securitization game either, which is why they filed lawsuits against many of the REMICs’ sponsor-sellers when they realized the “game was rigged” in favor of the banks. They were paying out too many claims on the seller’s title policies because the chain of title was all screwed up.  As history has shown us, the sponsor-sellers of these REMIC trusts made off (Madoff) like bandits!

“BEAN COUNTERS”

This is why actuarial tables are developed by the “bean counters”.  Based on past performances of certain professions or activities, insurance companies know whether or not a certain profession is susceptible to risk; thus, the insurer having to pay out a claim to an injured party at some point.  The insurance companies have had years of experience in paying (or not paying) out claims to know which professions and activities present the most risk; thus, they become “risk averse”, meaning, they run away from risk.  It’s like the little guy who has a chance to walk away from a fist fight with a big guy twice his size.  Not every scenario presents us with a David versus Goliath option … and that’s the battle homeowners have been fighting.

AGENCY, NEXUS AND CIVIL CONSPIRACY

Now we come to the part in the “story” where you are dealing with a foreclosure.  Since I started doing research into “clouded titles” and discovered that part of the equation included the recording of certain documents, which make up a property owner’s chain of title, many of these documents appeared to have presented a certain “risk” of being challenged as to their validity.  I don’t have to spend time (here) wasting the effort to explain the 2008 financial collapse and the resulting “cause and effect” of what was finally unveiled to Main Street … securitization … and the sloppy paperwork (or the lack thereof) that eventually crept its way into every county’s land records throughout the entire United States.  Anyone that understands “robosigning” or “document manufacturing” or has read Clouded Titles knows what I’m talking about here.

As was revealed in both the Williamson County Real Property Records Audit and Osceola County Forensic Examination that my firm conducted, despite the fact that the mortgage loan servicers all agreed NOT to produce phony documents and record them in the land records in an attempt to “create standing” to foreclose, they’re still doing it anyway to this very day!

Each one of the parties involved in any Assignment or Mortgage or Deed of Trust had to establish a contractual relationship with one another.  By signing agreements to provide certain provisions for each assignment, a “nexus” (or connection) was created that could tie all of the participating individuals or entities together.  Each individual working within a company acts as an “agent” (or representative, whether an employee or independent contractor) of the principal.  Agency is thus established by the party granting the status (the “grantor” of anything) within “the system of things” … NOT the Grantee (the agent).  The agent however, in tandem with other agents from other nexuses created by outside party contracts, can be held liable for misrepresentation on a document and so can the principals themselves.  If you sign an insurance policy and claim that you do not engage in activities that are “risk averse” and you go out and commit suicide (for example) within a 2-year period, the insurance company will not pay because they learned quickly (ab initio) that people who find themselves destitute (such as in the crash of 1929), take out a life insurance policy with whatever money they have left and then kill themselves (by jumping out a window) believing that their heirs will get money from the insurer, quickly got the attention of the insurance companies, who quickly developed a 2-year waiver of indemnity for killing yourself and conveniently called it a “suicide clause”.

When two or more actors are involved in the creation and execution of a document, each party becomes suspect (NOT GUILTY UNTIL PROVEN GUILTY) as to taking part in what could be alleged to be a civil conspiracy.  I think many attorneys doing foreclosure defense have missed that part of the equation because they don’t bother to depose EVERY AVAILABLE PARTY that is represented within any given document being used as evidence against their clients.  Why?  Because depositions start at somewhere around $3,000 apiece and most homeowners don’t want to spend that kind of money.  The “other side” will bring their attorney into the mix, who will object to virtually every question asked that is posited to prove that a contractual relationship existed somewhere, with the intention of thwarting anything discoverable that can be used to defeat the foreclosure or to seek damages.  I also believe that many (not all) foreclosure defense attorneys are inherently lazy and would rather do the business model of “the taking of people’s money” [not necessarily at this firm (below), for which I find their name symbolic] and eventually watching them lose their homes anyway:

Not every state actually has a “cause of action” for civil conspiracy; however, every state has a cause of action for …

NEGLIGENCE

… and this is where “the system of things” starts to get interesting.  When the same group or groups of individuals misbehave and participate in document manufacturing scams that deprive homeowners of their rights, they draw unwanted attention to themselves.  Take Bryan Bly, Crystal Moore and Dhurata Doko for instance.  They have all been deposed (more than once as I understand it from watching their deposition videos) and were asked questions about their “risky behaviors” in creating assignments of mortgage and deeds of trust.  At the time these three were deposed, they were all employed by Nationwide Title Clearing, Inc. of Palm Harbor, Florida.  By virtue of the name used, one should be able to assimilate what they mean by “title clearing”.   In fact, this company boasts (online) that it has been involved in the recording of over 16,000,000 documents since its inception.  It’s kind of like the McDonald’s of document mills (over 16-million served).  In my book, that’s not something to brag about just to get clients. In fact, one of Core Logic’s attorneys (in a webinar I was privy to) declared that companies making up documents to “clear title” or “assign or transfer” mortgage loans or notes had better be careful in what they create and attest to for fear of retribution under the laws covering the Unauthorized Practice of Law (UPL), which is a felony in every state that has such a statute covering this “risky behavior”.   Thus, one who KNEW OR SHOULD HAVE KNOWN that the behavior they’ve engaged in constituted a felony, could be deemed negligent.  This also goes for attorneys working for the banks that are “suspect” for participating in the “process” (after recording, return to the ABC Law Firm). The law firm’s apparent involvement in creating (or directing the creation of) an assignment in order to foreclose becomes a party to the civil conspiracy.

Every attorney is bound by a state bar association’s Rules of Professional Conduct, each of which is drafted (in whole or in part) according to the national substantive rules promulgated by the American Bar Association.  There’s a section on “Misconduct”, which can be used to punish attorneys who come into court and commit certain misdeeds, like relying on or making false and misrepresentative statements (in the court record or in open court).  These attorneys are held to a higher standard, where they KNEW OR SHOULD HAVE KNOWN that what they were attesting to in writing or orally in open court, could be held against them personally and they could be held liable for their negligent behavior.

ENTITY REPRESENTATION

In “cutting to the chase”, banks and mortgage loan servicers (and title companies or document manufacturing companies who are working with them in creating documents to “clear title” or “create standing”) HAVE TO have a law firm representing them in court; otherwise, they can’t appear.  If we use “the system of things” to “hold the attorney and his law firm’s “feet to the fire”, they would naturally be discouraged from appearing in court to represent their “entity”, which may have used false and misrepresentative statements in a document contained in their foreclosure arsenal.  In other words, you wonder why law firms are “substituted out” right in the middle of a case?  Look at the case and seek out what the firm being substituted out might have done that created a liability for itself that it is trying to distance itself from.  The firms appear to be working in tandem to thwart any appearance of misbehavior that could be exposed for which they could, individually or as a firm, be held liable.  Which is why law firms have E & O insurance (errors and omissions).

It’s all about the insurance … and what’s not covered … that they’re worried about!   More details about insurance and bonding and the court’s responsibilities to NOT indulge felony behavior and the potential resulting liabilities for their actions coming soon to this blog post  … stay tuned!

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FDCPA CASE PROVIDES CLARITY AS TO THE TERM “DEBT COLLECTOR”

(BREAKING NEWS – OP-ED) — 

In a precedential Third U.S. Circuit ruling (Tepper v. Amos Financial, LLC) on August 7, 2018, the Court really went out of its way to provide us with parameters of what constitutes a true “debt collector”.  I believe these 15 pages will serve your educational value well:

Tepper v Amos Fin LLC, 3rd App Cir No 17-2851 (Aug 7, 2018)_Precedential

Also significant is that the District Court Justice who the appellate court affirmed the ruling of was the same judge that blasted the basic fundamentals of Mortgage Electronic Registration Systems, Inc. and its parent MERSCORP, Inc. in the Montgomery County, Pennsylvania suit against the pair of distinctly separate entities (which the 3rd Circuit reversed, succinctly).

Much of the differences here have to do with whether or not the debt was purchased by “Party B” when it was in default, versus if it wasn’t.  This is why careful examination must be paid to the condition of transfer at the time a mortgage loan is transferred to a REMIC trust, because if the note and mortgage were in default at the time they were transferred to the REMIC, these same conditions may apply!  See Page 13 of this ruling for clarification (III. Discussion).

This “test” should help you decide whether to pursue an FDCPA action, among other factors previously discussed on this blog.

This is also another reason WHY I wrote the book on “FDCPA, Debt Collection & Foreclosures”, available on the Clouded Titles website!

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