Category Archives: OP-ED

“CORONA-CRISIS” … MANUFACTURED FOR A PURPOSE?

(OP-ED) — The author of this post is a consultant to foreclosure defense attorneys on chain of title and declaratory relief issues.  The information posted on this blog should not be construed as legal advice nor taken as an implication of any guaranteed legal outcome.

It never ceases to amaze me as to how easy it is to put an entire nation in a state of panic.  This episode was worse than Y2K.  In the last quarter of 1999, there was a huge uptick in consumer spending (hoarding mostly) in preparation for a “D-Day and D-Hour” that never happened.

On January 1, 2000, the clocks all rolled over and the power stayed on.  Nothing happened.  So what was the frenzy all about?  Stocking up on supplies for future use?

Fast forward to September 11, 2001.  We all know what happened then.  Over 3,000 people died.  Years later, first responders are dying of mesothelioma and other respiratory-related diseases.  Was was more interesting was the USA Patriot Act … already drafted and on the shelf … enacted by Congress (without reading it all first), based on what appears to be some political think tank’s “whim”, in an effort to allegedly “protect us” by taking away a few of our constitutional rights to privacy.  In turn, we had to have an enemy, which turned out to be Saddam Hussein.  The U.S. literally created a political vacuum in Iran and the Middle East when it executed Hussein.

Eventually, it destroyed another enemy, namely, Osama Bin Laden; however, we didn’t have photos of his body and no one seems to know “officially” what part of the ocean his body was dumped in, if in fact, that was a fact.

Fast forward to January, 2020. The world gets word that a new “virus” has started to spread in China, apparently originating out of Wuhan, China, wherein there is at least one of the 7 known world centers for bioweapons manufacture.  At that point, the propaganda mills started cranking out disinformation.

Fast forward to March 9, 2020.  The Grand Princess cruise ship has been circling off the coast of Northern California and finally docks at a port in Oakland with over 3,500 people on board, 21 who have tested positive for COVID-19.  As you may be aware, the air conditioning is recirculated on cruise ships (unlike airlines I’ve been told).  The passengers were eventually allowed to disembark and many were taken to treatment facilities and cleared or hospitalized for further treatment. Notice how we haven’t heard a word about their outcomes?

Fast forward to April, 2020.  Spring break has culminated and the college kids have left the beach.  In the meantime, another Princess Cruise liner has docked in the Port of Miami with two dead passengers on board. However, their causes of death were NOT DISCLOSED.  Two other cruise liners docked in the Port at Fort Lauderdale and 14 critically ill people were taken to local hospitals where 11 reportedly died.  The Governor of the State of Florida, under pressure from a lot of political “quarters”, issued “Safer at Home” orders, towing the line with 39 other states who have done similar voluntary quarantines.

Oppression versus Depression.  All of a sudden, the media starts a two-fold campaign. The first is to drive America into a mass panic over a virus that is being used as a tool for the second part of the campaign … to smear President Trump and any other Republican Governor who “hasn’t acted fast enough”.  And the Republicans are pointing back at the Democrats, who they claim have contrived this “hoax” to make the President and the Republicans look bad … does that seem logical?

The “corona-crisis”, for obvious reasons, is now being used for what I believe to me a means of creating more political unrest.  Not only that, look how much “pork” was attached to the stimulus package Congress just passed.  We’re all told (by our two-party system that passed this bill) that this will be a “good thing” for America, just like the USA Patriot Act is a “good thing for America”.

When will you stop acting as if it’s okay for the government to invade your privacy?  When they have drones parked outside your bedroom windows every night, listening to your pillow talk?

Suicide is Painless! 

While there are no specific numbers of note, Scientific American published an article indicating that mass panic is likely to cause people to commit suicide, either over the fact they might be infected or from the stress of believing that the virus “might get them” at some point and they can’t take it any more.  Gee, what a great idea (promote suicide as a way) to clean out “the gene pool”. Suggest that if you can’t take it, suicide is an option.  All the weak-willed morons out there will take them up on that one!  Hey!  Here!  Eat this Tide Pod while you’re at it!   

All of those testing lines that were supposed to be ongoing at all of these “centers” … and a group of “not even journalists” have taken it upon themselves to go out and videotape hospitals that are empty and appear to be devoid of testing for COVID-19 whatsoever … CLICK HERE TO WATCH!

You can take your pick of whatever video you want to watch.  The results appear to be the same.

Are we being lied to about the seriousness of this “pandemic”?   Is this “flatten the curve” mantra nothing more than a way to keep people in their homes?  Was it manufactured to simply “bust up” the supply chain and cripple it long enough for the federal government to accomplish “something else”?  Something even more sinister?

Notice the bickering going on between our two-party system over a budget?  And how much of that “budget” was to be used for actually fighting the corona-crisis?

Now tell me that this “crisis” wasn’t manufactured for a reason!  The government doesn’t take a dump without a reason. We spend way too much time pointing fingers and accusing each other about “woulda, coulda, shoulda” and not enough about being united for a reason.

Hospital layoffs?  Nurses getting fired!  Wait!  I thought we were in a crisis?  WTF?

And if this crisis was so bad, why did Sarasota Memorial Hospital furlough nearly half its workers (Florida) if the pandemic was that bad?  Was it because the “orders” said no elective or unnecessary surgeries are to be performed?  Is it because 99% of all the hospitals in America are making money off of elective and unnecessary surgeries?  Why on earth are people being told to quarantine at home until it gets so bad they have to be transported to a hospital and put on ventilators that are still in short supply?

Why are the numbers of people who have allegedly tested positive for the coronavirus inaccurate?  Take the numbers of those who tested positive and compare that to the number of deaths.  Are we talking a fraction of a percentage point here?  And those people are are told to stay at home and self-quarantine and report the results to their local health departments … why aren’t they listing how many have actually recovered from the virus?  Is it because they need to keep instilling panic in the population?  Was this “crisis” manufactured for the purposes of “control”?   Was it a simulated exercise to see how much panic pressure we can put on Americans before they will either be oppressed into submission or “off themselves” because they can’t take the pressure of being quarantine?  Why are the numbers of those who have “recovered’ not being updated regularly?

And why do I feel as if the foreclosure crisis is about to start up again to the likes of 2009 … and the government will do nothing to stop this from happening past its 60-day mandatory order NOT to foreclose.  Does that seem logical as well?

Do you know where you find the word “sympathy” in the dictionary?  Between “shit” and “syphillis”.

How can I feel sorry for people who put themselves in harm’s way if the “harm” isn’t really there?

Can you honestly say to yourself you know for a fact that the “harm” IS really there? 

We’ll see what happens to the law of averages of this corona-crisis after the 30 day “stay at home” is over … see if they extend it longer and come up with another scare tactic to oppress us all … as we move closer to our November elections.  If in fact, this was a political stunt, who will you put your faith in then? The entire two-party system passed this pork budget!  Go look it up and see how much wasn’t spent on the corona-crisis!  Makes you wonder, doesn’t it?

Now … start thinking for yourselves and analyze WHY you think this crisis might have been created for a reason and post your opinion on this website so you can share your opinion with others who are reading this post.  All lives matter in this “game”!  Your opinion does count … so make it a sane, rational and honest one.  I will not approve posts that are not sane or rational.

 

 

 

 

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WILL THERE BE AN UPTICK IN FORECLOSURES ONCE THE CORONA-CRISIS IS OVER?

(OP-ED) — The author of this post is a consultant to attorneys on foreclosure and chain of title matters and none of the following opinions should be constituted as legal advice or seek to guarantee a legal outcome. It posits what this author sees as what is to come.  It may not be the “whole new way of life” everyone thinks is going to take place due to this pandemic. 

This post is not for the faint of heart nor is it designed to make you more paranoid than most of you probably already are.  It is designed to impart some common sense rationality into dealing with the post-traumatic issues of what we collectively are all perceiving as a “crisis”.

Some of us think this whole thing is overblown.  The majority however have unknowingly allowed the “crisis” to replace common sense with survival fear … and rightly so.  It’s one thing to think that the coronavirus was just going to stay put in China when in fact, we have such an upwardly mobile society that everyone has been instilled with traveling to different parts of the world, be it on a plane, on a cruise, whatever … no one expected this would hit America and I believe we were all duped as to the “numbers” and the “purpose” for COVID-19.

Here are some interesting “takes” I’ve picked up on over the last couple of weeks …

  1. Chinese-Americans who are loyal to this country have stated to me that China well understated the numbers of dead and infected as the result of the viral spread there.
  2. The understatement was intentional, to lull us all (and I mean the World Health Organization (WHO) and the countries affected by the virus, including America) into a false sense of security so we would continue to go on about our daily lives as if this virus really didn’t matter.
  3. Knowing that we were already embroiled in political turmoil in this country, we’ve been “played” by the Chinese in a further effort to destroy the credibility of many of our elected leaders and further create political dissension in our every day lives.
  4. Most of the world was not medically ready for another pandemic.  If WHO was really concerned with the spread of this virus, it should have reacted more quickly when it was observed that the virus was spreading outside of China’s borders.
  5. We can all point fingers at our government for being “reactive”, because that is how our government has always been … reactive instead of proactive.  We weren’t ready for the virus when it hit our shores and we sure as hell aren’t ready for it now.
  6. Our medical systems in this country rely too much on non-essential and boutique surgeries and were not ready to deal with massive shortages in critical care supplies and labor.
  7. Our government’s medical “advisories” and social “responsibilities” were lacking in keeping its undisciplined citizenry safe from each other, allowing for Darwinistic opportunities to avail themselves upon an unsuspecting public.
  8. Instead of heading off the pandemic “at the pass”, state and local governments were slow to react to contain the virus and identify the “vectors”, which is what South Korea did when it first became aware of the invasion of the virus.
  9. The saving grace was that most state governments went above and beyond the federal measures enacted to stop evictions and foreclosures during the coronavirus outbreak.
  10. The not-so-saving grace is what happens after the fallout rears its ugly head, the supply chain breaks down in certain quarters and the economy can’t put enough people back to work fast enough to recover from the shock the country took in the 30-60 “stay in place” periods.

This is where thinks get “quirky”.

As was explained in some “insider” memorandums which I managed to retrieve through my back channels, the mortgage loan servicers (especially on these MERS-originated mortgages) have to pay advances on the distribution dates to the investors who funded the loans through the various REMICs (Real Estate Mortgage Investment Conduits).

There were (at last count) roughly 6.6-million people that applied for unemployment benefits, despite the economic “stimulus” package.  In my twisted mind, this is like getting a hand job by a hooker, wherein the “wham bam” happens and then you realize the relief was only temporary and you’re right back at the stress level you started from before “the act” happened.

The mortgage loan servicers who handle the payments to the REMICs (the advance payments of principal and interest on every securitized loan) every month on the distribution date, have to pay those advance payments whether borrowers make those payments or not.  I hope you got that.  No matter (during this crisis) whether you made your monthly mortgage payment or not, you are NOT in default because the servicer has been making your payments anyway.  They just won’t tell you that.

The problem becomes worse however when the servicers have to make these payments regularly over time, believing that they can collect the the past due payments from the borrowers (who are out of work or close to being out of work or short on funds) who are wanting a forbearance on their mortgage loans.  This means the servicers would have to consider putting the payments (including interest) on the back end of the loan.  This means that for those of you who (for example) were on “Payment 22” of your amortization chart on a 30-year fixed rate loan, you’re asking for Payments 22, 23 and 24 (plus interest) to be put on the back end of your loan, which is compounding interest upon principal upon interest.  Let’s face it, most Americans do NOT have the reserves to make the mortgage payments past one month, which is why they had to borrow the money to buy the home in the first place.

Now the mortgage loan servicers are stressed financially because the payments have to be paid into the securitized trust pool every month, regardless of the borrowers’ circumstances.  The servicers may be forced into “having to rob Peter to pay Paul”, which means the servicers will borrow from escrow accounts all over their servicing network of mortgages, in the hopes that they’ll be able to repay those escrow accounts back over time.  The problem is, when that doesn’t happen (and even at the time funds were borrowed from escrows), there is still a shortage in the escrow accounts that the servicers borrowed from to pay the REMICs their monthly payments to.  A prolonged period of these payments (6-9 months; if this crisis were to continue) would put the servicers in jeopardy.

Fast forward to the end of the corona-crisis … 

The mortgage loan servicers are out of pocket all of the advance payments they had to pay during the crisis, which means they’re going to be on an all-out campaign to try and recover as much of the shortfalls as possible to reimburse all of the escrows they borrowed from to keep everything looking “current” on the books (this is why servicers get in trouble).  This is one of the reasons why Ocwen got into trouble and ended up having to sell $600-million in securities to bolster its “advance” payment funds to investors.  That’s like chasing a large, lump-sum credit card payment, making minimum payments every month.  The debts just never seem to get paid off.  Most borrowers can understand that.  Now, factor that into a much larger scale.

By now, you’re beginning to see the “crisis” occurring within the ranks of the mortgage loan servicers.  They will be reluctant to do loan mods because that means more perks for the borrowers. Extensions the servicers really aren’t interested in “affording” because they’re already swimming in borrowed time.

Couple that with the borrower’s payment history of already-missed payments BEFORE the crisis was declared and you’ve just dumped gasoline on the already burning flame.  My suggestions here, which are simple to ascertain and follow:

  1. During the crisis, check your land records EVERY WEEK to see whether or not the servicer has “manufactured” any assignments using MERS (Mortgage Electronic Registration Systems, Inc.) as a means to assign, transfer or convey a mortgage loan into a REMIC trust in anticipation of having to do a foreclosure.
  2. If the assignment was done BEFORE the foreclosure and you’ve already become aware of it, use this opportunity to research your chain of title and see whether or not the information contained within the assignment is false and misrepresentative.
  3. Look up the state statutes to see what felonies were committed by asserting the false and misrepresentative information into the assignment, which was subsequently recorded into the public record and begin to document all aspects of it (who created the assignment, who executed the assignment, who notarized the assignment, who are the parties named in the assignment, who caused it to be recorded, etc.) for reference.
  4. DO NOT attempt to contact any of the parties creating the allegedly-bogus assignment. This is like tipping your hand in a high-stakes poker game.  I cannot stress that enough (as a consultant to foreclosure cases).  Telling the other side of your game plan is going to jeopardize your chances for recovery down the road.  What is important is to gather as much information as possible about all of the parties mentioned within the assignment without contacting them directly.  (There will be plenty of time for that in court-controlled discovery).
  5. Obtain a certified copy of your REMIC from the United States Securities and Exchange Commission while the ink is still fresh and you can take advantage of the time lapse created by the corona-crisis which allows you some advantage in preparing a suit for cancelling and expunging the suspect assignment.

For those of you that don’t get the “gist” of attacking documents, I have a kit available (in limited supply) online at CloudedTitles.com/shopThe C&E on Steroids!   This will give you a blueprint as to how to successfully challenge the phony documents in the land records.   It’s an 8-DVD video set plus a book containing the information you’ll need to arm yourself for the upcoming “fight” I think many of you are going to be involved in.

Why is this important?   If you’re facing foreclosure, even before the crisis, this moratorium will give you time to: (a.) think about Plan B; and (b.) act on that plan.  Even the 60-day window, which has already started ticking (courtesy of the federal government and extended by various state governments) will give you enough time to get your case files together, analyze them and more forward with retaining counsel (if you haven’t already) to “fight the good fight” because the corona-crisis itself was just not enough … we’ll be seeing another wave of foreclosures when it’s over because when it comes to reimbursement of an already-depleted money supply, the servicers (who are tasked with stealing the home) will stop at nothing to take your home away from you … and sadly, the government won’t be there to bail you out.

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LESSONS LEARNED … INTER ALIA

(BREAKING NEWS — OP-ED) — The poster of this blog is not an attorney and thus, the items proffered on this post should be taken in context as court rulings and should be further interpreted by bar-licensed attorneys (past the point of your personal discretion).  The commentary posted here is not legal advice but is for your educational value only. 

The month of March certainly roared in like a lion when it comes to court cases.  There are 3 of them which are integral to learning about foreclosure defense as to the “what to do” and “what not to do”, or in the alternative, what to “take away” from the herein discussed cases versus “what is irrelevant” and unimportant in them.

FEDERAL CASE: FDCPA

The attached case is a precedent setter out of the Third U.S. Circuit Court of Appeals:

Riccio et al v Sentry Credit Inc, 3rd App Cir No 18-1463 (Mar 30, 2020)_Precedential

If anything could work to your benefit, the Appellant’s attorney’s contact information is listed within the ruling.  This case involves abusive debt collection practices prohibited under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.

This case appears to work to your advantage in the event some snarky foreclosure mill lawyer attempts to remove your case from state court to federal court, which allows you to amend your declaratory relief action to include “debt validation” because this case smacks in that direction, the requirements of a validation notice under the Act.  The questions in this case concerns whether “oral disputes” are also covered under the Act.

This is one of the key reasons I keep telling people, when it comes to debt collectors, you can’t take phone calls into court … or can you?

15 U.S.C. § 1692g(b) specifically demands that the debt collector needs to be notified “in writing” within the 30-day dispute period, demanding validation of the debt. This is the very issue that the Third Appellate Court appears to have considered.

This case clearly involves a third-party debt collector, whom we all hate, right?  Because the defendant (Sentry Credit, Inc.) (a.) was out of state; and (b.) involved a federal question (FDCPA), this case definitely belonged in federal district court (see my book FDCPA, Debt Collection and Foreclosures for further explanation).

The thing is … the defendant did indeed require a response from the Plaintiff in writing; however, it also provided her with “multiple options”, including calling them on the phone.  Debt collectors just love it when you call them because they can use their “power over” tactics on you to verbally beat you into submission and get you to pay.  This is why I’ve always said, “put it in writing”, no matter what.

Page 10 of this ruling clearly indicates the Court deemed that “intra-section variation strongly signals that § 1692g permits oral disputes.”   Page 11 also indicates that if you call up and dispute the validity of the debt, without putting it in writing, the debt collector can continue its collection efforts. Putting the dispute in writing (and sending it certified mail, return receipt requested) puts the debt collector on official notice and starts the clock ticking, wherein a response is due immediately.   Pages 12 and 13 bring to bear the “that dog won’t hunt” argument against overreaching in an interpretation of the law to get it to mean what you want it to mean.

Frankly, when debt collectors used to call me … I knew what my rights were and I pinned their ears back with FDCPA and challenged them on everything they said, telling them to “put it in writing” so I have something to take them to court on.  Arguing over the phone is like electricity, the path of least resistance, especially when it comes to enforcing your rights under the law.  There is no easy way out.  If you want debt collectors to do anything, maintaining your right to engage them on the phone is just as good as doing it in right because it saves you time and a stamp … well, now it appears you’re grasping at straws.

More importantly, the Third Circuit didn’t want to upstage Congressional intent when it wrote the language into the law by attempting to “correct a congressional error” and make its own law out of what Congress intended, thus “rescuing Congress from its drafting errors”.

Even more importantly, the Third Circuit also delineated the difference between a “panel ruling” and the effectiveness and superior trait of an “en banc” ruling (the entire appellate court).  It’s important to really get into those pages (18-21) and the discussion involving the differences in opinions (a real educational plus).  Stare decisis is also covered within this discussion, which, if nothing more, is good in of itself for educational enlightenment. Not only that, the Third Circuit overturned one of its previous decisions as to “oral disputes” based on the lack of FDCPA language!

In issuing the ruling, the Third Circuit clearly made it plain and simple that if you want the FDCPA to work in your favor with “no legal impediments” … then stop being lazy, quit arguing with the debt collector over the phone … and put your demands in writing so the law will firmly support you when you file an FDCPA suit!

INVESTOR WINS HOA FORECLOSURE SALE SUIT IN NEVADA!  

There’s no doubt that homeowners associations wield a lot of power.  In some states, like Nevada, after a period of time with no challenge, the parties purchasing HOA-foreclosed properties can wipe out a debt without it being considered “super priority” lien status.  Such was the case here:

Berberich v Bank of America et al, 136 Nev 10 (Mar 26, 2020)

I just love the way the Nevada Supreme Court writes its opinions … short and sweet and easy to understand.  Thus, I’m not going to be verbose here.  What this boils down to is why we have appellate and supreme courts … district court judges are always “looking out for the banks” and have a tendency to “err on the side of … ”  (I didn’t say “caution”).

What this all boils down to is chain of title.  The possessor of the property held it in title for nearly 6-1/2 years and sought declaratory relief to extinguish the deed of trust which secured a prior owner’s mortgage (if you need a full-blown course on cancellation and expungement actions, you can get it HERE!) loan.

The Plaintiff even sued MERS (which I wouldn’t have done … but) because it was a MERS-originated deed of trust.  Bank of America, N.A., which appears to have little regard for quiet title actions, especially when it comes to their alleged “skin in the game”, argued the Plaintiff’s complaint was untimely.  The Plaintiff filed a motion for summary judgment (meaning no triable issues of fact) and the District Court (looking out for the banks like these judges always do), ruled against the Plaintiff, who timely appealed.  Like the previous case I discussed here … again, relevance to prior case law comes up as to actions to quiet title and considering the statute’s “plain meaning”.  The importance of the plain language is clearly clarified in this ruling:

“Now taking a closer look at the statutes plain language, we clarify that the limitations period provided by NRS 11.080 only starts to run when the plaintiff has been deprived of ownership or possession of the property.

Thus, considering the statutory text as a whole, we conclude the limitations period in NRS 11.080 does not run against a plaintiff seeking to quiet title while still seized or possessed of the property.4 See Kerr, 74 Nev. at 272-73, 329 P.2d at 281 (indicating in dicta that NRS 11.080 did not apply where the plaintiff was in joint possession of the property “up to the very time when he commenced his action” to set aside a deed based on fraud and failure of consideration).

Consistent with this understanding of NRS 11.080, the limitations period is triggered when the plaintiff is ejected from the property or has had the validity or legality of his or her ownership orpossession of the property called into question. See, e.g., Salazar v. Thomas, 186 Cal. Rptr. 3d 689, 695 (Ct. App. 2015) (discussing the general rule in California, which has a statute almost identical to NRS 11.080, see Cal. Civ. Proc. Code § 318, that “whether a statute of limitations bars an action to quiet title may turn on whether the plaintiff is in undisturbed possession of the lane (quoting Mayer v. L&B Real Estate, 185 P.3d 43, 46 (Cal. 2008))).

“[M] ere notice of an adverse claim is not enough to commence the owner’s statute of limitations.”

Thus, Nevada’s highest court found that the statute does not bar a property owner who is in possession of a piece of property from bringing a quiet title action; however, the statute of limitations begins to run once the owner has notice of disturbed possession.  Since that wasn’t established (as to disturbed possession), the en banc high court reversed and remanded the case back to the district court with instructions!

U.S. BANK SCREWS MAINE HOMEOWNER … BUT WERE ALL THE DUCKS IN A ROW?

The State of Maine’s Supreme Court has come out with some pretty damning case law against the banks, especially when MERS is involved.  I will cite the most important “take aways” from this case and also get into the real “red meat” that appeared to have been missed.  Read the case first:

US Bank NA v Gordon, 2020 ME 33 (Mar 17, 2020)

First, since a REMIC was involved, no one bothered to question whether the assignment was bogus. No one questioned as to whether the appellant-homeowner was really in default, as there is enough language out there (in the mortgage loan community) to indicate that on the 25th day (or so) of every month, the servicer makes advance payments to the investors through the Trustee.  So then, the question becomes, who was harmed?  The borrower didn’t have a contract with the servicer.

No one bothered to challenge the endorsement either. As always is a precursor in the First Circuit, most court cases discuss MERS “nominee” status in the recording of the mortgage (as if MERS has some glorious, all-powerful rights vested in it because it’s an “agent”).  It also appears that the servicer may have executed a phony “ratification of assignment”, which memorialized the previous 2009 assignment.  This of course, happened RIGHT BEFORE foreclosure proceedings were commenced.  The Borrower of course, challenged standing based on his claim that the ratification was “inadmissible hearsay” and that even if admissible, it was insufficient to prove U.S. Bank’s ownership interest in the mortgage.

Page 3 clearly explains the effects of a recorded document under subheading “A”.  Not once did I see (and you can fact check me if you want to) an attempt to do a C&E on either the assignment or the ratification that was used to give more “legal effect” to the first bogus act (in 2009).  Gordon had plenty of opportunity to challenge the validity of these documents under M.R.S. Title 17A, Ch. 29. Nor did Gordon attempt to destroy the validity of these documents by civilly putting forth a cause of action under the Maine Unfair Trade Practices Act (Title 5 §§ 207 and 213). Maine has existing case law that allows for documents to be challenged, cancelled and expunged … Abbott v. Treat, 78 ME 121 (1886) … and that is an OLD, WELL-ESTABLISHED CASE!

Once these two documents were challenged, Greenleaf and Saunders, Maine’s two infamous anti-MERS cases, could have then come into play here.

In other words, you can’t create and record one phony document to give the first phony document more legal force and effect when the first phony document was full of false and misrepresentative statements (constituting perjury on the land record).

There was no discussion on the authority of the MERS (potential) “robosigner” on the first 2009 assignment of mortgage.  Despite all of the colorful “resolutions” that MERS puts out into the marketplace in an attempt to give its “agency” status some sort of God-complex-like authority, its “Certifying Officers” have to have a fidelity bond and an errors and omissions insurance policy, naming them as insured.  Lacking this, the signers lack authority to do anything, except to go into a closet and play with themselves.

It also further appears that Gordon had a “legal aid” attorney representing him, which is another reason the attorney probably wasn’t aware of document challenges, which this case appears to have been totally ripe for challenging.  This ruling came out on St. Patrick’s Day … definitely NOT the pot of gold at the end of the rainbow.

INTER ALIA … (the Latin term for “among other things”) …

There are other valuable lessons we’re learned through time and that is how the United States (and its individual states) respond to a crisis … like the crisis we’re currently facing.  Despite the fact that this coronavirus has not taken the toll of the Swine Flu, the Avian Flu or most certainly the Spanish Flu, it still shows us that our medical response-ability in this country is sorely lacking.

In Florida, 170 people are now dead as of the 6:00 p.m. count, with 1,334 admitted to hospitals (figure a 50% mortality rate) and 10,268 total cases opened of which 9,925 have tested positive for COVID-19 (figure a 30-40% mortality rate), so we’re looking at over 1,000 dead (just in Florida) before this is all over and we’ve not hit our “apex” yet.  There’s no flattening of any curve (and certainly not our tummies from all of the unhealthy junk food we’ll be consuming the next 30 days) any time soon.  This 30-40% of the cases reported at present (up to 3,200) are at risk of expiring on a ventilator, that they may not get to be put onto because we lack them too.  So now I’m projecting our death toll at well into the thousands before this ends.  The U.S. toll will be much worse, especially in areas of dense populations (Detroit, New Orleans, Chicago, Miami) because … well … that’s just the way things are among the “entitled”. 

The State of Florida goes into a “safer-at-home” mode statewide as of midnight tonight (the 2nd). That does not however mean, that Floridians are going to absolutely “heed” the warnings and stay put.  They’re too used to partying.  I mean, with many in the Sunshine State claiming “retired status”, what else is there to do besides having back yard parties, formal and informal get togethers, golf and boating outings, fishing excursions and hanging out in bars listening to live music, getting hammered on happy hour pricing … along with going out to eat  … Floridians’ favorite pastime and going shopping.

It was obvious we didn’t learn the meaning of social distancing, so the “nanny state” has to kick in and do its thing to remind us we need to be more responsible to each other if we’re going to continue to survive, even in the future as to further pandemics.  And I’ll concede here the Governor’s order was late in coming, but will it have any real impact if peoples’ attitudes remain the same (as if the order hadn’t come at all)?  I’m not faulting the Governor’s delayed reactions.  None of us were prepared for this eventuality and we should have been.

We still lack masks, gowns and respirators.  We still lack toilet paper (because someone out there is wiping their ass a 1,000 times a day) due to hoarding, as well as hand sanitizer (despite reports that it may not be that “sanitary” to use as a foolproof guard (like Lysol) for NOT killing the coronavirus.

I am going to go to the store and buy one bar of Castille Soap (x 4 for 4 bathrooms in my house) and no more, so that I am sure when I wash my hands, ALL of the germs are getting wiped out, as there are questions of whether the “antibacterial” soap, which is supposed to get rid of “bacteria”, which viruses are NOT, is as effective as “they” say.

Among other things, join R.J. Malloy and me on City Spotlight-Special Edition on WKDW-FM this coming Monday at 2 P.M. EDT … click HERE to get online and then click LISTEN NOW to join the broadcast (at 4 minutes past the hour).

Stay safe and stay healthy (I’m still doing the Allimax thing and I’m feeling great! allimax.us).

A BIT DISCONCERTING UPDATE … 

Stuff has been circulating about that is a bit inflammatory and disconcerting as to some folks’ deep-seated feelings about Americans (click the photo to enlarge it and click the back button to return to the article):

I can safely say that not all of the Chinese feel this way. There is a certain segment of any population that has deep-seated resentment for someone or some group of people. Take for instance, the polarization that has occurred within the two-party system in this country. Why does it occur?  Because the media and the political pundits have been successful in pushing peoples’ hot buttons. It has forced societal upheaval that will compound the issues surrounding this pandemic.

I have not heard the latest socio-economic data on the “end result” this pandemic could have on America, but if people do not become united in the effort to “stay at home” and slow down the spread of COVID-19, this pandemic will take more lives than the Civil War (1861-65) did.  For those feeling “entitled” … you are “entitled” to your opinion … and you are “entitled” to stay home and be safe as well.  Again, the larger the population center, the more likely the spread of the virus because people feel the need to be around other people.

“Gee, I just found out I have the coronavirus.  I think I’ll go visit Grandma and give it to her. Then I’ll go visit my sister and give it to her and her kids. Then I’ll go to the local shopping mall and cough all over the place and give it to as many people as I can, because I have little regard for anyone else’s life if I’m on my way out the door!”

The foregoing paragraph may sound sarcastic; however, history has shown us that there are people out there in society who behave this way.  Bottom line … if you treat the situation as that everyone you know has it … you are only safe at home.  Like Dorothy said when she clicked her heels together 3 times … “There’s no place like home.”

 

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FLORIDA’S GOVERNOR ISSUES STATEWIDE STAY-AT-HOME ORDER!

(BREAKING NEWS — OP-ED) — The following link will take you to the latest announcement of Florida Governor Ron DeSantis ordering a statewide “stay-at-home” order:  CLICK HERE!  For an actual in-depth copy of the Order, click the link:

120824_executive_order_20_91

The order goes into effect Thursday, April 2, 2020 at midnight EDT and will last for 30 days.  This is probably a minimum stay-at-home, depending on how cooperative people are with this order. 

This means that Florida residents can only leave their homes if they absolutely have to travel for essential services (unless they can get delivery of pharmacy meds) like grocery shopping and doctor’s office visits or trips to the emergency room if you start experiencing symptoms of COVID-19 (but only after getting permission from a health care provider who pre-screens you for the virus). 

A list of what are considered “essential services” will be published as soon as the Governor’s office makes it available. 

At the time of the announcement by the Governor, 7,773 total cases have been logged in for the State with 7,495 testing positive.  So far, 990 people have been hospitalized and 101 people have died so far.  The death toll is expected to be into the hundreds in Florida, as this poster has previously predicted. Before this is all over, given the number of patients being hospitalized, the death toll could go well over 1,000. 

Those who were on spring break down in Florida have probably contributed to the total infected elsewhere throughout the country.  The effects these college kids had on the Florida population has not yet been determined. 

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FORECLOSURES ARE THE LEAST OF OUR WORRIES …

(BREAKING NEWS — OP-ED) — April 1, 2020 … this is NOT an April Fool’s joke!

This is a short post.  If you want to hear the full story, tune into City Spotlight-Special Edition (with this poster) on Friday at 6 p.m. EDT on kdwradio.com! I will talk about securitization and how it relates to how the government and the banks are going to cope with the spate of foreclosures that are being held off temporarily but will soon come gushing out of the economy like a spigot under pressure! 

The State of Florida has been bypassing every other state in the U.S. in reported coronavirus cases except for California and New York.  Imagine the number of U.S. citizens dead at 240,000+? THAT figure was just released by the White House as to an estimate of how many this virus is going to kill. 

Florida is dealing with 6,955 cases (6,694 testing positive) of which 890 are in the hospital and 87 people have died as of the latest reporting period. In the U.S., there are 163,539 reported cases and 2,860 deaths (not updated, but as of the latest CDC counting period). We do not know if these figures are totally accurate, but they are close. 

The State of Florida has still not decided as to whether to “lock down” the state with “stay-at-home” orders.  As I previously stated, the death toll in Florida will be into the hundreds before this pandemic ends here. The author of this post believes the “lockdown” will not be done statewide because all of the counties in the state (of which there are 67) are NOT reporting any outbreaks or COVID-19 cases, so why penalize the entire state yet?) are not affected.

Plan on staying in isolation until at least the end of May if not later. The curve is not going to flatten out anytime soon because the majority don’t want to behave and act responsibly.  Soon, it will not be safe to even go grocery shopping, as store employees are reportedly now starting to be infected and it’s unknown where the vectors are coming from that contaminated them.

The most important thing to remember, in any State of the Union, is that the more you are out in the public, the more at risk you are.  You are less likely to get COVID-19 if you simply limit your exposure to the following:

  1. Grocery shopping with surgical (or something closely resembling) gloves on and a mask;
  2. Using drive-through services at banks and restaurants that are doing such services;
  3. Dropping mail off at mailboxes instead of going inside of the post office (you should NOT necessarily have to be mailing off packages right now); 
  4. Communicating with people by phone BEFORE you stop by to see HOW LONG they have been in isolation BEFORE you knock on their door.  They may be a vector and you wouldn’t know it until much later; and
  5. Parks and other public places that contain lots of surfaces that you could inadvertently come in contact with.  

There are medical personnel traveling to New York at the urgent pleas of Governor Andrew Cuomo whose brother Chris just contracted coronavirus.  

God be with those workers and keep them safe. 

I am working on a post now that contains two new legal cases from the appellate courts that may be of interest to those who are fighting foreclosures.

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