Category Archives: OP-ED

STOP WALLOWING IN SELF-PITY AND START FIGHTING BACK!

Op-Ed — The author of this blog (Dave Krieger, not the same “Dave Krieger” that got fired from the Boulder Daily Camera for speaking out against the newspaper’s owner, a hedge fund that he claimed was the ruin of his daily newspaper, where he was an editorial columnist, against the orders of the publisher) has written four consumer-related books and four legally-related manuals on debt collection, credit restoration, foreclosure defense and “end game” strategies.  The purpose of this blog is to encourage activity through education and not to render legal advice. 

Woe is NOT me!

I write this post to convey a thought process that had not only entered my mind at a point in time back in late 2002, but I also had to consider that other American homeowners have also had this same thought process under similar circumstances as frequently as the moment you’re reading this post.  My intention here was not to write this in a demeaning way, for we are human and as humans, we make mistakes.  I wrote the book Clouded Titles because I made a mistake and I wanted to learn from it through research.  I self-published my first version of Clouded Titles in December of 2010 after two years worth of research into what in the hell was going on across America, partly because no one else was rising to the occasion and I saw a need for getting this research out there.  Someone had to say something … and no one was. Once I published that book, I was no longer a victim of that mistake.

I have been accused by some of being an opportunist.

If you think that selling copies of a self-published book is a way to get rich or was my only purpose for making money in handing out information … the real reason I did this was because time is money … and over time, I’d lost a lot of money.  Printing copies of the book cost money, which is why self-publishing is so expensive and many times will stop a person from publishing a book.

I further had to reflect on the ways that homeowners (as borrowers) became discouraged and then confused when they further wade out into the “river of cures” for their situations, only to find charlatans and thieves waiting to take their money and run. This includes foreclosure defense attorneys, many of whom have figured out “the delay game” and recklessly charge for that. While it is true that there are many attorneys who continue to educate themselves as to how to fight the banks and are successful in court, they are far and few between. Many of those attorneys who stand up and fight, get knocked down.  Some of them are disbarred for doing the right thing by their homeowner-client.

This is part of the confusion that the banks absolutely love, because they’ve already “gotten ahead of this” legal game they are fighting by having Congress and our state legislatures create laws to help banks and hinder homeowners.  Thus, when the confused homeowner finally realizes he’s been duped, he becomes angry and this is where the real problem begins because all rational logic and common sense about litigation goes out the window.  Now the angered homeowner “knows everything”, even though he didn’t go to law school.

They just want a “free house”, your Honor! 

This statement has been recited in open court tens of thousands of times by foreclosure mill attorneys, while the uneducated homeowner sits there with his thumb up his ass!  Why didn’t you or your attorney object?  Oh … you didn’t know you could do that?

I’ve discovered there were people who became “entitled”, thinking that all of the research I did should simply be handed to them for free because “they deserved it” and that if I really wanted to help homeowners, I would just hand out all my research for free.  THAT mindset is what got me into trouble in the first place.  That is part of the “self-pity” phase that will get you into trouble if you let it.  My first mistake was to put my first version of Clouded Titles out in pdf format, which was available for $19.95, which was subsequently purchased and downloaded all over the internet for free through the homeowner foreclosure networks.  My intention was to use the proceeds from the book to do a national tour, offering free, daily workshops for homeowners in 50 cities, but as a result of this “entitlement”, THAT didn’t happen. I learned NOT to make that same mistake again, because it costs for me to research and publish and my time is worth something. Your time is worth something too. Stop thinking it isn’t.  THAT thinking got YOU into trouble because it was at that point YOU became a victim and became discouraged.

I have been accused by some of giving false hope.

Albeit, God only helps those who helps themselves, but I liken this scenario to being slapped around for trying to do the right thing.  If you are facing foreclosure or are in the middle of it, then I have walked in your shoes and I do not deserve to be treated as if my voice should be silenced because I chose to stand up and fight.  I thought this was America and this is what Americans do when there is a wrong that affects the masses and Congress doesn’t want to listen.  Apparently, there are some out there that think I’m trying to get rich off of the backs of struggling homeowners and that was never my intention.  This is one of the reasons I volunteer at WKDW-FM Radio and have a consumerist show called City Spotlight – Special Edition, where I’ve spent over a year, discussing my research (along with my frequent co-host, R. J. Malloy, who is a retired attorney and former law clerk to a U.S. District Court judge) with listeners (and attorneys who listen to my show).  My show, which is 55 minutes in length, airs every Friday at 6 p.m. EDT and repeats every Monday at 2 p.m. EDT.  I have talked in greater detail about a lot of the stuff I teach at my workshops (chain of title, foreclosures, corruption in the court system, etc.). You can listen live just by going to the website and clicking LISTEN LIVE … for free!  (You get to pay for internet access, as NOTHING is for free!)   

I regularly donate money to keep this radio station going, as it is listener-supported community radio.  If I make anything off of my program, it will be because it may be syndicated in the future.  I will continue to donate part of those proceeds back to the station to keep it running.

BUT!  Why should I continue to do that if you don’t care?

I have had any credibility I sought to build (through my efforts to educate and speak out) attacked by MERS, the banks, law enforcement and the media. 

This goes to show you that in life … no pain, no gain.

Even if you have pain, the first thought entering your mind is to give up and run away.  Others have tried that and failed miserably.

I have learned that when you run … you fail!  Throughout history, Americans who ran from a fight ended up being taken prisoner and we have all been enslaved in debt in this country to one extent or another.

I became aware that as early as 2011, bank attorneys and information technology employees working for the banks and MERSCORP, Inc. nka MERSCORP Holdings, Inc. (and its wholly-owned subsidiary, Mortgage Electronic Registration Systems, Inc.) were monitoring my every activity, from radio shows to TV interviews to blog posts.  They do this for a reason. They want to know if authors like myself are saying anything defamatory about them or spreading false rumors about them.  They also wanted to monitor my “educational output” because they want to know HOW homeowners were being taught to fight back and what they could expect.  This further educated them as to HOW to counter attack homeowners in court.  This blog post and my radio show are not the only outlets being monitored either.

Because of my sharing of this research to the Texas Clerks’ Association, my team and I were retained by Nancy Rister, who is still the County Clerk of Williamson County, Texas, to conduct an audit of her records (see the link below):

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

As a result of the release of that “Audit”, then-MERSCORP, Inc. CEO Bill Beckmann bought almost a full page ad in the Austin American-Statesman, on February 7, 2013, attempting to refute the contents of the 179-page report.  I knew for sure that this so-called “MERS”, by whatever definition, was watching the goings-on and the public reaction to my research and the results of the report.

As soon as the OSCEOLA COUNTY FORENSIC EXAMINATION was released to the public, the media outlets (who I suspect were spoon-fed information by the Osceola County Sheriff’s Department, in violation of F.S.A. § 400) proceeded to attack myself and Osceola County Clerk of the Circuit Court Armando Ramirez because of my “colored past”.  This is all part of the sacrifice I had to make … and some of the disgruntled homeowners, naysayers and gainsayers proceeded to jump on the bandwagon … people who I thought were fighting for homeowners … and attacked me as well by furthering the misrepresentations contained in the media news outlet reports.  You see, this is all part of a process known as “demonization”.  It’s what the “system” does to those who protest in order to “keep them in line”.

I do not care what some of these gainsayers have said (including referencing my “bolting from a news conference” I elected to speak at like “O.J. Simpson in a Hertz commercial”) because it became obvious to me that they were just out to get publicity for themselves at my expense.  Several attorneys who read the 758-page Forensic Examination wanted to sue the gainsayers for defamation, but I told them that what they did was part of the cost of “getting the word out”.  They can say all they want, but the truth is out there.  Bad press is still press.  So the next time you see those assholes, and you know who they are, thank them for the further misinformation and bad press, because it furthered my cause.

The banks and MERS reacted to it.  Law enforcement reacted to it.  The media was spoon-fed 20-year-old information so they could take up a political agenda against the Osceola County Clerk, Armando Ramirez.  Soon after the reporter wrote the scathing article, he quit the Orlando Sentinel.  The Osceola Sheriff whose detectives I suspect leaked the information to the media in violation of state law did not seek reelection.  What should that tell you?  It pays to fight!

Here’s the thing … we’re Americans.  A large number of us fought and died to preserve our rights under the law for the rest of us ever since the history of this great land of ours began.  Have we forgotten what history has taught us?

The world doesn’t end just because you got “served” with notice of foreclosure … so … I have to wonder why the percentage of homeowners who “run away” is so high.  

It does not matter whether you’re in a “deed of trust” or “mortgage” State, the bank (or its servicer) HAS TO serve you with notice that your home will be advertised and sold on the courthouse steps on a given date in time or in the alternative, if you don’t show up in court, you will be found in default and could lose your home anyway.  Sadly, 95% of Americans who get “served” with foreclosure notices pack up and move.  They run from a fight.  No matter what.  They too suffer the end result of 7 years of bad credit or continued attacks by third-party debt collectors who bought their deficiency judgments from the banks, post-sale because they chose to be a victim.

I refused to be a victim … and I changed my scenario! 

No bank can ever foreclose on me.  I live quite comfortably through my own efforts and not because I “fleeced” money out of disgruntled homeowners on a regular basis.  I pay for this website to post blogs.  I offer workshops that I have to charge for to cover the expense of bringing in attorneys to teach foreclosure defense information to struggling homeowners.  I only do this once a year, when and if the need arises. I saw the recent uptick in foreclosures announced by Black Knight Financial Services and THAT, my friends, precipitated my need to pay attention to trending activity on the part of the conniving megabanks banks who appear to be in control of Wall Street and the secondary mortgage market.

If the percentage of homeowners who ran away from their mortgages (and their homes) was only 25% (and not 95%) … and everyone knew the rules of evidence and civil procedure (as foreclosure mill attorneys do), then there would be no need for me to even continue this blog post, let alone host seminars. However, the uptick in foreclosures has regenerated the need to help homeowners again and this is why there was a need to set up a workshop.  The foreclosure activity against American homeowners will not stop until the banks and Congress have all turned us into a nation of renters and debt slaves who can be controlled by the hierarchy.  The league of those who believe that they know more than we do is called an oligarchy.  Frankly, this “league” is there because they’ve already figured out that if you have money (and lots of it), then they can be in control of not only their lives, but the lives of others also, including yours.

I am still “in the fight” and I am mortgage free, even with my “colored past”! 

You have to understand that at some point in time, through a decisive action plan of steps, you can finally see the “light at the end of the tunnel”.  If we were taught to live by example, then why weren’t we financially educated in high school?  Today’s financial education is still “missing” or “lacking”.  I believe this is deliberate.  Media advertising is still deceptive to a  degree because it lures people into using credit to “buy now and pay later (with interest)” for something they should have saved for all along.  It seems that no one saves anymore.  We are so conditioned to impulse spending we’ve forgotten that principle.  Having equity in a home is also a form of saving, but even equity is FAKE until its realized through the fruition of sale of the property.  THAT should have been the American Dream … but it wasn’t, was it?  Over half of America is NOT prepared for perceived “retirement”.  That’s sad, even though they could do something about it.

Most people who are debt free (or even mortgage free) might simply just ignore the plight of all others who face the perils of foreclosure. So why am I still here?  Perhaps my own personal experiences have been either by best friend or my worst enemy.  I am constantly continuing to research and learn lessons from all of this.

Whatever the case, if you don’t know your rights, you don’t have any!  I may be missing some of my rights, but you do not have to be placed in or succumb to the same situation.  Your first ambition (goal) should be to learn HOW you got into this mess … and then learn HOW to get yourself out of it WITH AS LITTLE FINANCIAL DAMAGE AS POSSIBLE and with as little of a financial risk as possible!

So quit with the “pity party” and start looking for right answers through right thinking … and stop thinking like a victim.

THAT’S STEP ONE! 

Stay tuned for STEP TWO! 

 

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FLORIDA FORECLOSURE COURTS APPEAR “STACKED” IN FAVOR OF JUDGES!

BREAKING NEWS, OP-ED —

The sinking feeling that overcomes Florida homeowners entering the foreclosure arena (the Sunshine State’s version of a 3-ring circus aka “rocket docket”) was finally manifested in the case against Florida attorney Mark Stopa, who has been at the center of controversy for being abrasive before these judges, resulting in possible disbarment for professional misconduct.

In my book, when you win foreclosure cases (which means the banks lose), judges don’t like it … by that I mean having the obvious thrown in their faces; however … and we are trying to get the transcript from Stopa’s recent Florida Supreme Court hearing … it does appear that the deck has been inadvertently “stacked” against Florida homeowners in favor of not only the banks, but the judges hearing the cases as well!  Think I’m exaggerating here?  Take a look at what Stopa posted on this Facebook page:

Even with the glare of the screenshot covering up the word “notable”, what is hard to fathom is how Florida foreclosure court judges are seemingly on the “take” when it comes to clearing off their court dockets and how they were incentivized by the Florida legislature.  So, does this mean that Pam Blondie is going to investigate this scheme?  Not likely.  She wouldn’t investigate the OSCEOLA COUNTY FORENSIC EXAMINATION, which Stopa’s buddy Matt Weidener snubbed on Orlando television.  These two aren’t “holier than thou” in my book; however, I am willing to concede that the testimony from this hearing is probably damning in more ways than one and could have only happened at Stopa’s expense.  What makes these allegations (in the form of testimony from a judge included) make things any different?   Felonies are felonies and judges handling foreclosure cases appear to have gone right along with the scheme of things.  Among the rumors … that judges financially profited from the scheme based on their “performance”!

If the transcript (which trust me … is going to be gone over with a fine-toothed comb) bears any other significant testimony, you can bet we’ll use it against the judges in Florida’s foreclosure courts relative to Florida Criminal Code § 817.535 cases.  The Florida States’ Attorneys have every opportunity to launch their own independent investigations but none, including the recently-elected Aramis Ayala (in Florida’s 9th Circuit) have lifted a damned finger to investigate and prosecute any of this suspect behavior.

Exactly how many legislators and judges have been paid off by the banks to facilitate this fraud?   The stuff contained within the Stopa Facebook post seems to parallel the Volusia County judicial rag that told judges there that their “performance” was being monitored and if they knew what was good for them, they’d tow the line and clear their foreclosure dockets!   If one of their own has come clean and testified to the Florida Supremes that this sort of crap behavior is going on, then I say, it’s time to unseat every damned Florida foreclosure judge and every legislator that fell victim to this corruption (the next best thing to tar and feathers or the stocks) and hang their sorry ass political careers out to dry.

When you incentivize a Florida foreclosure judge, what do you think he’ll/she’ll do?   Of course they want to go out with a financial bang!

How many of these judges are pedophiles?   Has anyone ever investigated how much pornography is on these judges’ computers?

It seems we can’t shake these rumors.   All one has to do is examine the number of prosecutions were conducted by the Florida Judicial Qualifications Commission (JQC) and a lot of the so-called “disciplinary” actions seem lame when you compare what came out in Stopa’s hearing about the incentivizing of a foreclosure judge?   Has anyone investigated the Florida judges for acquiring property through the very own foreclosure hearing they ruled upon?  We’d like to hear about it.  If you have pictures or recorded documents of Florida judges acquiring foreclosed homes … this represents a clear conflict of interest and a bigger part of the conspiracy to defraud Florida homeowners.  Hell, it represents serious criminal activity, obviously spearheaded by some serious bank lobbying in Tallahassee.

Stay tuned!  We’re going to figure out a bigger mousetrap given this testimony and we expect to have that scenario to present to you in the upcoming FORECLOSURE DEFENSE WORKSHOP … because now … given this diatribe (seen in the screenshot above) … the judge has now become an additional target.  This also means that given the testimony, it is possible that thousands of foreclosure cases could be vacated and reopened in order to vet judicial involvement.  I don’t think you realize the implications this testimony has brought out … yet.

The registration to attend this workshop is now OPEN!  Visit the Clouded Titles website and sign up now to learn strategies on targeting not only the banks’ attorneys but the judges as well!  This workshop is for educational purposes only and is not representative of the corruption that appears to be ongoing in Florida’s foreclosure courts!  After this revelation, it’s no holds barred!  We told you … when it comes to foreclosure … this means war!

Res Ispa Loquitur!  (Latin phrase meaning “the thing speaks for itself”!) 

“Off with his head!” (Quote from the Red Queen in Lewis Carroll’s “Alice in Wonderland”!) 

Stayed tuned for the syllabus on this non-CLE workshop!   Sign up now (seating is limited)!

The information presented here is viable for all 50 states!

 

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FLORIDA: To Defeat Bartram, One Must Defeat the Default Claim

OP-ED (NOT LEGAL ADVICE) — 

The author of this post is the author of several books, all of which can be found on the Clouded Titles website. The author is not an attorney but rather a disenfranchised political enemy of the United States Government and consults attorneys on actions involving real property law and consumer issues. 

I was rummaging through some recent cases when I found a case involving HSBC Bank USA, NA who was acting as a Trustee for a REMIC, which got me thinking (which for me, can be dangerous at times) about the idea that every new missed payment constitutes a new default date and thus a new cause of action.  This is the downside of Florida’s infamous Bartram case.

See the referenced case here: HSBC Bank USA NA v Sanchez et al_4D17-1085 (Feb 28, 2018)

While perusing the above-referenced case, it suddenly dawned on me that this was a case involving a REMIC (Real Estate Mortgage Investment Conduit). Being the researcher that I am, I decided to take a look at the Prospectus for this REMIC … and what do you think I found?  Not the Prospectus?  You’re right about that.  (Why does this NOT surprise me?)  What I was looking for was a 424(b)(5) Prospectus because it would have probably contained information regarding the cut-off date, the closing date … and especially the distribution date (to the investors, of money paid by the servicer, which in the above case was probably Wells Fargo Bank, NA).  Why is this important?

If the investors are getting paid every month, then how are they harmed?  What right does HSBC have to go into court and collect on behalf of the certificate holders of the Luminent Mortgage Trust 2007-2 if distribution payments to the investors were being paid every month?  Wouldn’t that defeat a default date?   How would we know if we didn’t know what to ask?   It is highly likely none of this was considered in the defense of the Sanchez borrowers.

The Trustee “allegedly” came into court claiming that the Borrowers missed multiple payments before, during and after the pendency of the proceedings. Being the dutiful Senior Judge that the Hon. Barry Stone allegedly is, he misapplied Bartram, found for the Bank, and subsequently got reversed by the 4th DCA.  Notice also from the last paragraph that the 4th DCA couldn’t find where Judge Stone made a determination that the Trustee Bank was damaged and remanded the case back to his court.  This was a per curiam decision (which means all judges on the appellate panel agreed one the same sticking points). This would mean (to me) that the servicer’s attorneys “didn’t get it right” in their contrived pleadings.

My whole point here is this:  If a REMIC is involved, wouldn’t it be nice to find out about the ADVANCES section?   This is the section of the REMIC’s own governing regulations (NOT THE PSA), contained in the Prospectus, wherein the servicer (or in the alternative, the Master Servicer), is mandated to make the Borrower’s monthly payments to the investors if it reasonably believes it can collect the payments from the Borrower.  The Distribution Date of almost every REMIC occurs between the 20th and 25th of every month and the payment is made to them as the Borrowers within the tranches of the REMIC pay the servicer (who distributes the payments).  When the Borrower misses a payment, the servicer makes the payment anyway.  So how are the investors harmed?  How was HSBC harmed?  How was there a “default” when the servicer was continually required to make and thus would keep making the payments?

Wait a minute!

WHO is actually paying the law firm for the Trustee to foreclose?  The REMIC?  Nope.  U.S Bank has admitted in its own brochures that, as a Trustee for a REMIC Trust, does NOT know when borrowers are in default (probably because they get reports showing the servicer has been making the payments for the borrowers when they can’t make them).  We have come to find that the servicers are the entities paying the law firms to come into court and misrepresent the payment schedules.  I am only aware of a handful of cases where attorneys have seen payments actually made by the servicer show up on a loan payment schedule where the servicer complied with the terms of the Prospectus, signed under penalty of perjury under Sarbanes-Oxley.  So then … why are we nitpicking at “when’s the last time the borrower made a payment” when we should be nitpicking at “when’s the last time the servicer made a payment on behalf of the borrower to prevent the distribution date from being interrupted”.  This IS a big deal!

The allegations made by all servicers is that the Borrower is in “default”, all the while the servicer is hiding the fact that the servicer made the payments to the investors, who have been getting paid religiously.  You see, the servicers have a Servicing Agreement with the REMIC.  They get to go into court and attempt to recoup the payments they’ve made on behalf of the borrowers to the investors.  Do you have a contract with the servicer?  Nope. Didn’t think so.

Your mortgage was signed by you, representing a unilateral adhesion contract with the originating lender (who is probably using Mortgage Electronic Registration Systems, Inc. to securitize the mortgage loan), NOT the servicer.  The REMIC sets up credit default swaps, default insurance, PMI, LPMI and requires the seller to pay for a title policy to insure the chain of title, when in fact, the falsely manufactured assignments we see in most cases is a clear attempt by the servicer to commit perjury upon the land records (F.C.C. § 817.535).  When the lawyers for “the Bank” come into court and regurgitate all of these allegations, they are part of the conspiracy to commit felony perjury on the court because they are employed by the servicer, who is trying to recoup payments they made on behalf of the Borrower, NOT the Trustee.

IMHO, this case bears a lot deeper “digging” through discovery in a new cause of action against the servicer and the law firm bringing the case on behalf of the wrong party.  The REMIC has probably been paid off several times over when the Borrower actually did miss a payment.  The REMIC then went in and “cashed in” on the aforementioned policies and collected on those policies so it could continue to make payments to the certificate holders.  There is no mention of this in the foreclosure Complaint, is there?

The servicer then files an Affidavit through its representative, claiming that the REMIC Trust, the certificate holders and the Trustee have been harmed because the borrower missed making the mortgage payments, all the while it has been meeting the Distribution Date deadlines set forth in the Prospectus.

By the way, this REMIC filed a 15d6 notice with the United States Securities and Exchange Commission on January 25, 2008 (BEFORE the financial crash), claiming that it had less than 3oo investors and was no longer required to file reports to the SEC: SEC Info – Luminent Mortgage Trust 2007-2 – ‘15-15D_ on 1:25:08   This would indicate that distribution payments are probably still being paid on ALL of the loans that allegedly were put into the tranches of the REMIC Trust, which can be found HERE: SEC Info – Luminent Mortgage Trust 2007-2 – ‘FWP_ on 4:24:07 re: Lares Asset Securitization, Inc.

Notice that Lares Asset Securitization, Inc. is listed as the Depositor?  I guarantee you that nowhere is this Depositor mentioned on any assignment, endorsement or allonge anywhere in the Sanchez’s paperwork.  THIS would be in violation of the Pooling and Servicing Agreement (PSA), which is part of the Prospectus.   What generally happens is that the servicer is doing the foreclosing (by written Power of Attorney with the Trustee) in order to collect all of those “missed payments” it had to make up by paying the investors when the borrower didn’t make them.  It would appear that despite the REMIC’s collecting on all of those insurance policies, it profited from the collection of those policies to the point where it could continue to reinvest those profits as capital, avoid paying taxes because of its pass-through tax-exempt status and continue to make the payments to the certificate holders (investors) every month.  There is no proof that Lares put that Note and Mortgage into the Trust pool, is there?

So, to be honest … yes … the borrower indeed may have missed their mortgage payments, but are they really in default if the servicer made the payments for them?   The results of this case obviously beg for more “behind the scenes” attention (discovery) to WHO is coming to collect and why, followed by the appropriate civil and criminal action against those responsible.  In Florida, Florida Criminal Code § 817.535 has a civil remedy as well as a criminal one.

And here … we’re arguing about default?

To find out more inside detail, read this Report: OSCEOLA COUNTY FORENSIC EXAMINATION

Hear Dave Krieger every Friday night at 6:00 p.m. (Eastern Time) on WKDW-FM!

 

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SIX YEARS LATER … AND THEY’RE STILL ROBOSIGNING!

OP-ED — 

In March of 2012, all of the major servicers and the 49 States Attorneys General (except Oklahoma) inked an agreement wherein the servicers would stop the then-common practice of “robosigning” documents.  Six years later and it’s still going on.  I thought it best to clarify a few things before discussing where we are today.

Robosigning was a term referenced often by the late Kings County, New York Judge Arthur Schack, wherein he described the act of affixing signatures to documents in such a manner that: (a.) the signatures were illegible; (b.) the signatures could have been affixed by anyone [also known as surrogate signing]; (c.) contained information that was grossly distorted or misrepresentative [in HSBC v Taher_Schack, he noted that the address of the REMIC was at the same address as that of Ocwen Loan Servicing, LLC in Palm Beach County, Florida], and now Ocwen Financial is acquiring PHH Mortgage, which was notorious for carrying on the same process that prompted the AG settlement.

Typical aspects (I call them “markers”) of robosigning include: (a.) scribbled signatures; (b.) varied signatures of the same name; and (c.) signatures different from the indicated name typed underneath the signature line.

Surrogate Signing came to light in the wake of the discovery of Linda Green, whose name was so easy to sign that everyone at DOCX was doing it: THE NEXT HOUSING SHOCK

As you may know, the President of DOCX ended up in Club Fed.  This conviction (of Lorraine M. Brown) was the only significant “slap on the hand” for bad behavior (of a document mill officer) that resulted in the loss of millions of homes in foreclosure actions through fraudulently-manufactured-then-publicly-recorded documents.

Typical markers of surrogate signing can be found on documents generated prior to 2012, that are commonly (and still) relied upon to tie together a chain of title for the purposes of “stealing” a borrower’s home.  Just because the borrower signed a note and mortgage doesn’t give the banking cartel the right to be sloppy about the way they followed their own procedures involving securitization (or the lack thereof).

Notary Fraud can occur in a multitude of ways.  Each state has specific regulations governing the commission of notaries public.  One doing any kind of research however, will need to pay attention to the regulations of certain states, which have (for all intents and purposes) watered down the obligations and governing regulations of notaries.  Some states do not require a notary bond.  Some states do not require notaries keep a journal of every notarial acknowledgment they perform.  Some states don’t even require that the notary physically witness the signature of the person executing the document.  What those in state government do not understand is that they are complicit in the very behaviors they put Lorraine Brown in prison for because local prosecutors do nothing to stop any of the foregoing behaviors for fear of putting their own political asses in a sling.

Some states (like California) require the notary to sign under penalty of perjury.  Perjury is a criminal matter, which can result in jail time.  Local prosecutors could easily make short work of handling a notary fraud case, simply by investigating the notary … it only takes one conviction to send a message … but they don’t.

As a “marker”, notary fraud could be the result of: (a.) acknowledging a signature that wasn’t affixed by the party claiming to have executed the document; (b.) acknowledging an execution when the party affixing their signature wasn’t present at signing; (c.) acknowledging an execution of a document as a party to a group of signers who routinely manufacture assignments of mortgage or deed of trust (similar to what went on in Simi Valley, California between 2012 and 2016 at Bank of America, N.A.’s robomill); (d.) participating as a notary in any document manufacturing scheme wherein the information placed within the document is false and misrepresentative and was placed there intentionally (civil conspiracy) wherein the notary was directed to participate as part of the signing process with the knowledge that what the notary was doing was illegitimate; and (e.) pre-acknowledging documents and affixing a seal with no signatures placed upon the document.

Self-Assignment is a common marker of the major banking institutions who can’t find paperwork, so they have their own employees (whether the major bank is servicing the loan or not) make stuff up out of thin air.  An example of this follows (with my analysis).  This is also included in the scheme of document manufacturing.

All of the foregoing “markers” are part of a scheme called “Document Manufacturing”

I talk about this extensively in the book Clouded Titles, which has undergone several updates between its original publication in December 2010 and its final “Mayday Edition” on May 1, 2016 because of newly-discovered information pertinent to investigations by this author through Chain of Title Assessments (COTAs) this author has conducted.

Document Manufacturing is the process by which multiple parties are retained by a mortgage loan servicer to act in a capacity of a bank official, using Mortgage Electronic Registration Systems, Inc. (on many an occasion) to further “dilute” the chain of title by obfuscating the path of ownership from the originating lender (many of which were bankrupt and out of business at the time the document was executed) to the current “alleged” owner of the mortgage loan.  Most of this process takes place within ninety (90) days AFTER a borrower allegedly stops making their mortgage loan payments.  Customarily, most of this scheme takes place within the walls of the mortgage loan servicer’s own document manufacturing plant or at a contractor-based, third-party document mill.

The scheme may involve witnesses also attesting to the signature of the alleged “officer” signing the assignment. Many times, these witnesses are notaries (who should know better).  Many times, these witnesses simply sit around the signing table, shuffling documents from person to person, all affixing their signatures to a pre-determined spot on the document.  All of these documents are then bundled up and taken to a different part of the building and placed on the desk of a notary who will then acknowledge the documents and affix the notary seal to each one, claiming the signers “personally appeared” before them, when in fact, THAT did not happen!

The scheme is designed to place everyone in the manufacturing chain at better than “arms length” away from the servicer, as a means to reduce liability.  This would bring this author to an obvious conclusion that it would be more difficult to seek out and depose those who participated in the scheme because of costs and time involved, making it virtually impossible to defend one’s property from theft by document fraud.

AND HERE IT IS … 2018 … AND …

… we still have not gotten past being dishonest about providing solid proof of effective transfer of the promissory note in conjunction with an assignment of a mortgage or deed of trust.

As the result of the OSCEOLA COUNTY FORENSIC EXAMINATION, we learned that having local law enforcement investigate matters of this nature was way over their heads (let alone their pay grades).  They are either in denial or superbly arrogant about having to investigate what they said were “victimless crimes”.  The investigation involved the examination of documents in the land records from June 1, 2012 (after the AG settlement was reached) and June 1, 2014 (a 2-year span).   Mortgage Electronic Registration Systems, Inc. was used as a research guide, because it led the examination team directly to all of the securitized RMBS documents, which contained continued patterns of everything I’ve described in this article.

As a means of education (because I can’t give legal advice) … let’s examine a couple of recently-filed documents:

In Osceola County, Florida, where we previously conducted an examination of their land records, paid for with Osceola County taxpayer dollars, I happened to find this recently-manufactured self assignment:

In the foregoing instance, I analyze the following suspect issues for your evaluation: 

(1.) This assignment of mortgage was done by JPMorgan Chase Bank’s own employees in their document manufacturing plant in Monroe, Louisiana on January 10, 2018.

(2.) The document could have been executed to Chase by Standard Pacific Mortgage, Inc., without the use of Mortgage Electronic Registration Systems, Inc., as Standard Pacific Mortgage, Inc. is still in business in Irvine, California. Why then did Chase employees, in a civil conspiracy with Nationwide Title Clearing, Inc. in Florida, have to then create this document?  Why didn’t the originating Lender create and execute the document?

(3.) If you’ll notice, “Judy G. Jackson”s printed name appears to have been inserted into the document by the party creating AND executing it.  The notary did not even fill in the space provided.

(4.) In this instance, the notary claims that Judy G. Jackson was “personally known, who did say that he/she/they” (the notary is too lazy to delineate for gender and plurality to make the document appear more legitimate). Nowhere in the document does it say that Louisiana Notary Amy Gott, who has a lifetime commission, actually “personally witnessed” Jackson’s signature.

(5.) There is no proof of authority anywhere on the document, indicating that Jackson had the authority to execute the instrument, which was signed on January 10, 2018.

(6.) The document misrepresents the mailing address for the lender as that of Mortgage Electronic Registration Systems, Inc.’s post office box in Flint, Michigan.

(7.) Notice that the Assignment of Mortgage ONLY “conveys” the Mortgage (and NOT the Note)?

(8.) The document was further obfuscated by the return address (after recording) as that of Nationwide Title Clearing, Inc. (“NTC”) in Palm Harbor, Florida (one of the companies targeted as a third-party document mill in the Osceola County Forensic Examination).  Why send it to NTC in the first place, unless NTC had something to do with its manufacture?

(9.) Notice the 1999 corporate seal for Mortgage Electronic Registration Systems, Inc.?  The employees at JPMorgan Chase Bank misrepresented their authority using “MERS” to obfuscate the chain of title.  NTC obviously has a document manufacturing, archive contract with Chase, which could be further played out through discovery.

(10.) You will notice from doing your own research that the use of Mortgage Electronic Registration Systems, Inc. to obfuscate the chain of title with a “place card-type” position of the “nominee” (agent), has been used for so long that our very own United States Government and County Clerks and Recorders (who are blind, or reprobate, or both) simply choose to let this lie proliferate.

EXAMPLE #2: 

In the foregoing instance, I analyze the following suspect issues for your evaluation: 

(1.) This assignment of mortgage was done by a third-party document mill in their document manufacturing plant in Pittsburgh, Pennsylvania on February 21, 2018.

(2.) The originating Lender (IndyMac Bank, F.S.B., now out of business) obviously used Mortgage Electronic Registration Systems, Inc. to transfer its loans within the MERS® System via the use of a third-party mill, who couldn’t even be bothered to put the 1999 Mortgage Electronic Registration Systems, Inc. corporate seal on the document.

(3.) If you’ll notice, the party signing the document is using a non-designated “official title” for Mortgage Electronic Registration Systems, Inc.?   Mortgage Electronic Registration Systems, Inc. only allows signers to use the titles of “Assistant Secretary” or “Vice President” (not as shown).

(4.) The pre-printed document contains the name of the signer in the notarial execution in all capital letters, which means it was inserted into the document using computer software.  The signer couldn’t even sign her own name in full.

(5.) Geez … every other Florida assignment I’ve seen had two (2) witness signatures contained within the document.  I guess these third-party doc mills don’t care if they follow Florida law or not, right?

(4.) Knowing how third-party document manufacturing plants behave, I would debate the use of the words “personally appeared”, given what we know about signing plant floor plans.

(5.) There is no proof of authority anywhere on the document, indicating that Salicce (the signer) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents (robosigning).

(6.) The document doesn’t even list the mailing address for Mortgage Electronic Registration Systems, Inc., even though it claims to have an interest in the Assignment (as the “Assignor”) … pretty blatant huh?

(7.) Notice that the Assignment of Mortgage ONLY “conveys” the Mortgage (and NOT the Note)?

(8.) Notice that since IndyMac was out of business, a third-party document mill had to use Mortgage Electronic Registration Systems, Inc. to obfuscate the chain of title to convey the mortgage (ONLY) into the REMIC directly, which by the way, had a cut-off date of June 1, 2005 and a Closing Date of June 15, 2005, in violation of the governing regulations for that REMIC, which can be found here: http://www.secinfo.com/dqTm6.z1en.htm.

(9.) Also notice that the name of the REMIC is incorrectly listed.  According to SEC records, the official name of the REMIC is the Indymac Home Equity Mortgage Loan Asset-Backed Trust, Series Inabs 2005-B.  As far as I can see, there are are least three (3) distinct misrepresentations under Florida Criminal Code § 817.535 in the forgoing document.

(10.) Do we have possible notary fraud here?   Do you not see in the notarial execution where the notary claims to have acknowledged that Salicce (an employee of Visionet Systems Inc.) was an “Assistant Vice President” of Mortgage Electronic Registration Systems, Inc. when in fact, there is no such designation?  And from the scribbled signature of the notary, is it possible she executed this document without the signer being present and does this often enough to get writer’s cramp signing scribbled signatures a lot?  It might merit requesting her notary application from the Commonwealth of Pennsylvania to see if that signature (on her application) matches the signature on this document.  Also notice the acknowledgment says nothing about “personally appeared” either.

By the way, the bold-faced type you see in the foregoing assignment is part of the boiler-plate software template used by document mills to create these suspect documents.

THIS BEHAVIOR ALSO COVERS “RELEASES OF MORTGAGES” AND “DEEDS OF RECONVEYANCE”

If you think that the foregoing behavior only applies to assignments, you should look at Releases of liens as well. Of particular note is the issue of potential unauthorized practice of law, which is a felony in Florida and most other states, for executing and recording documents known to contain false information (perjury) without attorney supervision.

I have successfully participated in removing (by expungement) a bogus Release of Mortgage out of the land records in Hillsborough County, Florida and the existing “alleged pretender lender” has absolutely no idea it now has a competing lien ahead of its foreclosure attempts.  This is why foreclosure law firm attorneys are so imbecilic when it comes to “getting their story straight” when they try to foreclose on a mortgage without FIRST checking the chain of title for competing liens … which brings me to my next point:

Any lawyer for the banks that comes into court and regurgitates these misrepresentations is likely to have committed not only felony perjury and potential multiple ethics violations … but any subsequent law firm will not be able to continue their tirade on the property once the initial violations have been exposed.

Perhaps it is now time to go after the foreclosure mill lawyers instead of just their clients!

My final parting shot goes against the state district and circuit attorneys who refuse to criminally prosecute these people.  Don’t yell at me!  You elected them!  You and I can both probably think to ourselves what worthless POS these people are if they aren’t going to do what’s right.

If you don’t know your rights … you don’t have any!

Dave Krieger is the author of the book Clouded Titles and has a weekly radio show on WKDW-FM in North Port, Florida covering consumer issues. He serves as a paralegal and chain of title consultant to attorneys as well as performs chain of title assessments for consumers as well as  forensic examinations and audits of county land records, despite the fact he is a disenfranchised citizen of whatever you want to call this economically messed up country you live in.

Coming soon … How to deal with the next financial collapse in America! 

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THINKING OF PLEADING TILA? THINK TWICE!

BREAKING NEWS — OP-ED — 

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

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