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

TEACH YOUR CHILDREN WELL …

… or they will wake up as slaves on the land their forefathers conquered.

 

(OP-ED) — This article is not purely for my own amusement, as most millennials are saddled with so much student loan debt, which to date totals over $1.5-trillion, it’s no wonder they could even qualify for a mortgage loan, even if it was “securitized” and put into the “new and improved” “use me-screw me MERS® System”. 

See the latest article below:

Ahhhh … the matter of “convenience” …

I hear TV commercials ranting about how this “Rocket” will get you approved and “we’ll pay your closing costs” … the mortgage industry appears to care little about the continued mess it’s creating in Main Street America.

It is dangerous to sign anything via the Internet these days, despite what the best legal minds may tell you.  Now we have eSign, eNotes, eRegistry, eCommerce, eEverything … EVERYTHING Millenials could hope for (since they spend more time texting on their cell phones and less time reading how NOT to get screwed over by today’s banking system.

I think the government would be well served if everyone stopped borrowing to buy homes.  But we all know that’s wishful thinking, right?

If I can’t sign a paper note and a paper mortgage … I’m not signing … I don’t care how damned convenient they’re making it for everyone.

Blockchain and digital format integration can be hacked and altered.  Why would you want to put your personal information out there where it can be used and abused by hackers?

Maybe you’ve never been a victim?  Maybe you should at least go through it one time to learn a hard lesson, right?   Why would I wish that on anyone?   Because we’ve been educated to be a “Me First Society”.   Everyone who’s entitled listens to WII-FM (what’s in it for me) more today than ever before!   The securitization daisy chain has parked itself right up Uncle Sam’s ass again and the government answers to the banks, as always.  As long as you’re going to let Wall Street dictate the very foundation of your life, I guess you deserve what you’re going to get in the long run.  If it’s too good to be true, run like hell away from it!   Whatever the banks are doing to entice you to get mortgage financing, you can bet you won’t have a clue as to who owns your loan after you’ve digitally signed your life away.   That is, until you can’t make your payments anymore.   Then, you have to assume that whoever “pops up” out of nowhere to foreclose on you has copies of all of your paperwork.

Why don’t we have digital judges?  They might as well be, the way they’ve been programmed!  I wonder how many of them invest in bank stock?   And you wonder what kind of crap is going to be left for your kids to deal with after you cease to exist.

Oh, wait!  I’m more interested in getting into college via the rowing crew (which I’m not on)!   I just want to party!  I don’t want an education!  (sound familiar)

And you wonder exactly who is going to take care of you when you’re too old to get up and go to the toilet?   You should be worried.  Generation Z is being groomed for slaughter.

As soon as you chuck that mindset of, “the world owes me a living” and start teaching your kids proper finance, this country may actually have a chance.  I guarantee you one thing … these kids aren’t learning this stuff in high school.  Unless they have a serious game plan, this country’s system of “higher education” will leave them deep in debt for life!

LISTEN TO “THE KRIEGER FILES” … every Tuesday night at 7 p.m. EDT (a one-hour broadcast) on kdwradio.com for the latest in legal, financial and consumer news and education!

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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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