Category Archives: OP-ED

STRATEGEMS IN AN UNCERTAIN WORLD

(OP-ED) — This post contains not just the author’s opinions, but responses to our current scenarios by others who have decorated our past … for your educational purposes only and does not reflect posturing one’s mindset to commit an act contrary to our Constitution. 

Suggestion … open a new screen and click this link and listen while you read this post.

The author of this post is a self-professed Libertarian, yet he cannot condone all of what that platform espouses.  We now shift to the first person …

I postulate nothing here for the purposes of self-aggrandizement but rather for the purposes of refreshing the mindset of those who choose to read the diatribe of others commingled somewhere in my subconscious.

Patriotism comes in many forms.  It is simply not just for the purposes of stating that you are an American.  Declaring oneself as a “U. S. citizen” has certain connotations that go along with it.  Many will say the latter is capitulating to administrative, 14th Amendment servitude, while the former declares themselves to be “free men”.  In today’s uncertain times, this scares the hell out of the government, who has had more than two century’s chances to corrupt the intentions of our Founding Fathers.

What a better way to infiltrate the sanctity of decent, human behavior than to enslave it in lockdowns, inundate it with programmed media diatribe and scare it into submission with disease, violence, shame and self-doubt. If you have not taken notice of your thought processes lately, this is exactly what the powers-that-be, well-intentioned or otherwise, have shown to be their true colors, whether as that taken as “the color of law” or “the color of conscience”.

Welcome to the New America … where dead people vote and criminals get away with shooting their fellow man on the city streets until the conscience of a failed justice system finally restrains them … where people have been duped into believing they’re safe if they follow government mandates, which randomly change from time to time, many in contradiction to each other to the point of confusion. For the report on dead people voting: Critical Condition-Dead People Vote

Confusion is the ultimate tool to confound a populace into doing whatever it is those in power demand of them.

Prime Example: Operation Warp Speed HHS Outline

Those in power have enemies.  Many of those enemies are within the elitist structure and seek to undermine what is good for America.  No sooner did the foregoing “outline” manifest itself, CDC Prevention Director Dr. Robert Redfield made comments about face masks being the “most powerful public health tool” against COVID-19, “more guaranteed to protect” against the virus than a potential vaccine. That doesn’t speak well for the medical community, but great for adding confusion to the mix.

Properly translated (into Libertarian thought) … when Deep State is challenged, more confusion is warranted. When examining the diatribe, vent which statements are complementary to each other versus those statements that are contradictory to each other.  On one hand, we’re told we have to wear masks by Dr. Anthony Fauci (who has made numerous misstatements about their effectiveness) and on the other hand, that wearing masks is our only saving grace, quoting Redfield of the CDC.  Yet BOTH of these so-called “doctors” are downplaying the vaccine, heavily promoted by the Trump Administration as being the only way to help stop the spread of a virus that we (by now) should all have known was a purposeful and deliberate bioweapon.  Where that virus came from is still in dispute; however, the fact remains is that many Americans are so confused by what they hear in the media, a majority of those surveyed won’t take the vaccine but would rather die of complications of bacteria infiltration from the masks that none of them really have an understanding of how to wear (even in light of statements made by Dr. Russell Blaylock).

Confusion = “Some therefore cried one thing and some another,

for the assembly was confused, and most of them did not know

why they had come together.” Acts 19:32

Confusion is rooted in history.  Riots are rooted in our past.  We cannot ignore the WHY in all of this.  However, in today’s times, history has constantly been repeated over and over each time a riot takes place because those doing the rioting can’t make up their mind as to what “justice” is.  The commonality exists however, that today’s justice system is very difficult to trust, especially for those who believe they don’t have access to it. Confusion is also rooted in that belief because everyone has access to the justice system; however, they are not aware of how to access it because the government has dumbed them down in public education and made them unaware of how the judicial system works.  Everyone can have their day in court if they could simply figure out the HOW to get it.

Look at the signs and placards waved at any protest and see the mixture of thought processes all running contrary to one another … a prime example of confusion.

Why Washington Needs An Enema … 

I believe there is a movement afoot that goes much deeper than masks and vaccines.  It’s for the ultimate control of America.  BOTH sides of the congressional aisle have taken part in this movement.  There are factions within the medical community as well as the government’s own bureaucracy that are part of this movement. More attention has been paid to discrediting the public office of the President than any other time in American history.  More attention has been paid to “white-washing” the basic civil rights of all Americans with civil unrest devoted to only one part of the population.  Politicians have chosen to abuse their power in office by shutting down economies all over America without any scientific basis in fact, based on the confusion promulgated by the factions within the U. S. government that further seek to discredit the most powerful leader in the world.  Our very own Congress has, at one time or another, disrespected the office of the President, who is there to “enforce the laws” enacted by Congress.  BOTTOM LINE: When all is said and done, it doesn’t really matter WHO the President is.  The President has no say in how you live your daily life … but rather each state government determines how to best screw its Citizens, if they’re not paying attention.

If one reads the Constitution of the United States of America, one will come to realize that a treaty supersedes the Constitution.  The current President has gotten America out of numerous treatises to the benefit of America (I believe), given the current negative scenarios facing America today.

Now look at all of the treaties that have been signed (and by and through whom) since our Founding Fathers contemplated the framework for a country free of government control and ponder the following …

“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government – lest it come to dominate our lives and interests. Guard with jealous attention the public liberty. Suspect everyone who comes near that precious jewel. Unfortunately, nothing will preserve it but downright force. When you give up that force, you are ruined.”  – Patrick Henry

In order for change to occur, Americans must come together and seek to vote out those who disrupt our daily lives.  This will not happen when there is confusion.  This must be a clear and concerted effort.  The status quo currently in power know that.  As I previously stated, “absolute power corrupts absolutely” and there is a reasoning behind why we should apply it to today’s elitist hierarchy and the money machine that controls it.  Money and its ability to control is only a perception; however, the end result of controlling all Americans is the reality.

The Constitution was created by those seeking to preserve your liberty … 

“The tree of liberty must be refreshed from time to time

with the blood of patriots and tyrants.” – Thomas Jefferson 

“The militia is our ultimate safety. We can have no security without it.

The great object is that every man be armed.” – Patrick Henry

Relentless thoughts must be pursued to their fullest ends.  If there is enough belief in the Constitution and what it stands for, then We the People are in the right, when our own government is in the wrong.  Whatever the intentions, let them be fully exposed so all of America can evaluate, scrutinize and defend the honor of what the Constitution stands for.

For those that need a refresher course, as well as for those who have been “confused” as to what the Constitution stands for …  you can download and read it here:

The Constitution of the United States

Having said this, I bring you the Top 10 stratagems for survival in today’s times:

  1. Consider not only purchasing a weapon (with sufficient ammo) but also taking concealed carry training.
  2. Look into emergency food supplies, despite the fact there are backorders within all the supply chains (at least put an order in).
  3. Think about solar powered generators for sustenance and invest in a portable system (with EMP bag).
  4. Bolster your home’s first aid supplies, especially when it comes to surgical materials, blood pressure cuffs, thermometers and DIY manuals.
  5. Start seeking out rural survival retreat locations in states that are tolerant of gun ownership, especially if you live in a major city or an area prone to violence.
  6. Use the Internet for something useful, like researching PDF-type material for various types of survival training manuals.
  7. Research multiple avenues of reinventing yourself to make a product or service that can be used for barter in the event of a cashless society.
  8. If you have vacant land, there are options to consider … food, water, shelter … and how you’re going to access them.
  9. Prepare to disengage your interests in social media platforms where your activities can be traced by unwanted entities (if you can adjust to going completely off-grid, you stand less of a chance of being tracked).
  10. Make sure you are registered to vote if you have the ability to do so and make sure no one else is using your address to re-register themselves to vote twice.

NOVEMBER 2020 COULD BE MORE THAN A GAME CHANGER … 

Prepare for and be aware of these possible scenarios that could or be expected to occur:

  1. Uptick in social media political scams for donations and hateful protests against one faction or another.
  2. More social media and television attacks vis a vie negative political ads by each candidate, post-debate.
  3. Widespread civil unrest in the streets in major cities, including but not limited to continued destruction of property.
  4. More random law enforcement-related shootings, by cops and at cops.
  5. Ramped up scare tactics about new outbreaks of COVID-19, pre-vaccine (in order to increase demand for the vaccine, which isn’t guaranteed to work).
  6. Increased socialist platform diatribe, both in the media and in social media.
  7. Expect adjustments to the sovereign immunity for cops.

Because the November 2020 elections are so uncertain, there could be an attempted coup of sorts in the U.S. if the loser doesn’t concede to the winner.  This could ultimately lead to more civil unrest, which could spread into the suburban and urban areas of America.  This election is different because the platforms of corporatism versus socialism are more predominant than ever in trying to sway public opinion.  Thus, more research is demanded into each realm to see which one you’d rather support.  Understand that corporatism (as a whole) brings more jobs with each step to reward business for creating them.  Socialism on the other hand taxes businesses to the point where they have to cut jobs, many of which are high-paying, thanks to labor unions driving wages up (not all unions are bad however, some of them actually do great things).

Do I sound like I’m preaching doom and gloom here?

Better safe than sorry as I always say (not to be paranoid, but rather to be prepared).

 

Leave a comment

Filed under OP-ED

FORECLOSURE ARMAGEDDON?

(BREAKING NEWS, OP-ED) — This post is for informational purposes only and is not intended to be postured as legal advice. 

THE SCHEME OF THINGS VERSUS THE SYSTEM OF THINGS

There is clearly an agenda that has been put into motion to rock 2020 to the very fault line of collapse.

Consider the catalysts … 

  1. Political Discord … there has been so much of it, people are so disgusted with hearing other people spout off with their misplaced diatribes, those who would regurgitate someone else’s opinion and not of their own belief system … the whole populace is morally and unconscionably at each others’ throats.  There have been so many disruptions within the political system in 2020, with the attempted impeachment of a President, to finger pointing of voter interference, to rule changing in Congress allowing proxy voting, to who’s to blame for the coronavirus, to white supremacy, QAnon and MAGA supporters and Black Lives Matter bashing.
  2. Civil Unrest … now we have George Floyd, Breonna Taylor and a host of other African-American martyrs being paraded up and down our consciences, to the point where if the fear of getting COVID-19 wasn’t enough, now we have to fear retribution from those who think differently from us … and not just on social media either.  Here’s an interesting twist to having your life disrupted: How To Survive When You’re The Target Of An Angry Mob
  3. The pandemic that wasn’t … and all the while we are being told one thing, apparent sinister movements are taking place behind the scenes in an attempt to influence our very thinking, programming us with what the liberal mindset refers to as “the new normal”.  This author has always told his readers to do their homework.  Do the research.  Now, this author is not the only one saying this about the flawed reasoning in our thinking about COVID-19, how it was manufactured and what it’s purpose was for tanking the American economy …  CLICK HERE to watch this interesting 20-minute video from a Catholic priest in Plymouth, Minnesota (if this doesn’t put a chill up your spine, nothing will).
  4. The lockdowns … A U.S. District Court Judge in Pennsylvania has just ruled that Pennsylvania’s Democratic Governor, Tim Wolf, has violated the Constitution in regards to locking down his economy. Read the story here!
  5. Uncertain times … to compound all of this worry, this author previously posted an article about electromagnetic pulse and its effects in potentially turning the clock back to the Stone Age for America.  Well … come to find out (hat tip to one of my readers), there is a working blueprint for EMP preparations in motion by the Department of Homeland Security!  You can read the PDF of the 2018 blueprint here: 18_1009_EMP_GMD_Strategy-Non-Embargoed
  6. The cure for what ails us all … and if all of this wasn’t enough, now the government’s scientific community wants to make sure we all get COVID-19 by injecting us with a vaccine that contains the very same retroviruses (RNA viruses) that contain the same immun0-compromising viral strains found in HIV and other dastardly diseases … expecting us all to fall for this crap … compounded by Dr. Anthony Fauci’s continuing diatribe of “hunkering down” in fall and winter.

Consider the consequences … 

  1. The Economy … before the COVID-19 “pandemic” hit, this economy was strong.  No one can give credit to WHY it was strong, but most politicians who want to remain in power will gladly tell you that it’s because they were in office that the economy was strong … yet the opposing viewpoint seems to have a better way, yet the rank and file in Congress has had how many years in power to figure out “a better way”?  Seriously?  And you want to change the “drain the swamp” mentality for a socialist platform that got Americans into financial trouble in the first place?  If anything, remember who was in office through the first set of “foreclosure years” (2009-2015) when nearly 10-million American property owners lost their homes.
  2. All Lives Matter … apparently, many of us have chosen the “police state mentality” to lend credibility to the idea of randomly shooting cops at will, burning down buildings because they represent government and terrorizing neighborhoods and citizens just because they can.  God-fearing Americans (in this author’s opinion) have the right to defend themselves if someone comes at them in a furtive manner and they fear for their lives … “Stand Your Ground” laws or not.  Statistically, there are more black-on-white crimes in America … ten times the number in fact … than white-on-black crimes, which also account for those in law enforcement that have carried systemic racist mindsets into their place of employment.  Trust me on this … cops are not the only people who have these mindsets.  The Black Lives Matter Movement has deteriorated as to its platform and has now become a platform for anarchy, which most of America abhors.
  3. Taking the vaccine … a large number of Americans are going to run to the nearest dispensary, mostly out of fear … and get injected with God knows what population control mechanism that the technocrats have planned for them.  You’ll know the vaccine is working when the number of “pre-existing condition”-related deaths takes a huge spike and people start dropping in large numbers, largely because the RNA garbage injected into their systems will start randomly triggering medical immune system-related attacks as soon as those injected become weak for any reason.  This is an unfortunate consequence of stupidity.
  4. Purposefully tanking businesses so you can enforce an agenda … So far, two courts have ruled that Democratically-controlled States, Pennsylvania and California, have imposed unconstitutional lockdowns.  There is nothing that makes any sense other than the fear mongering associated with these campaigns that is going to cause more political upheaval the closer we get to the November 2020 elections that the mindsets of those affected that can vote and make a difference.
  5. Who’s minding the store? … when it comes to EMP, solar storms are going to wreak as much havoc as the potential for a rogue state to detonate a nuke up into the atmosphere.  What’s puzzling however, it what the previously-noted mandates contained within this post declare are priorities … and We the People aren’t one of them.  And here it is in black and white … there’s no other way to put it … we’re all in second place while the government infrastructure is “managed” and we’re “contained”.  Are you pissed enough yet to do something about your own welfare?
  6. It’s not the cure, but the cause … America has become a victim of its own political infrastructure.  It doesn’t take a rocket scientist to figure out that if all of this diatribe spewed forth from the medical community is NOT to put fear into people, then we wouldn’t be having all of these conversations in the first place.  Just look at where the fear mongering is being spread from (the media).  To subscribe to any of this (and any of its sponsors) is to put more “fuel on the fire of fear”. This is not what America is about.

While this author posits that the system placement of fear is designed to control us … the bottom line is that this country is facing a record eviction and foreclosure crisis the likes of which will put millions of people on the streets.  And that my friends, is the Armageddon we must prepare for.  With the multiple panic modes in place, it won’t be long before those who are afflicted start to take matters into their own hands simply for the purposes of survival and tax the system of things into oblivion.

Leave a comment

Filed under BREAKING NEWS, OP-ED, Securitization Issues

2020 FORECLOSURES BACK IN FULL SWING!

(BREAKING NEWS, OP-ED) — The author of this post carefully posits this article for your educational benefit and any information shared here should not be construed to be legal advice. 

Anyone familiar with this online blog is probably fully well aware that the content shared on this site has a lot of legal undertones, so much so, that many people are apt to misinterpret what’s being said in reality, replacing their thought processes with directives shared as “suggestions” on this site (hence the need for the disclaimer).

The state bar associations are starting to find themselves in a real dilemma.  Three states (Washington, Utah and Arizona) have already initiated non-lawyer “paraprofessional” objectives to allow more folks to have access to the justice system.  This comes at a time when eviction moratoriums have pretty much been lifted and the “man behind the curtain” jumps out and reveals himself  in the form of service of process.

This author is getting closer to deciding a date for when another Foreclosure Defense 101 class should be held.  Of course, with no one willing to fly anywhere, this will probably be held online in webinar format, where you get to ask questions via the chat box.

The thing about foreclosures … statistically, 97% or better of those receiving service of process (notice from the bank via physical delivery via a knock on the door, certified mail, notice of publication, door hanger, etc.) will ultimately decide to pack their belongings and bug out, if what happened after the 2008 financial collapse is any indication.  Maybe we have more liquidity than we did before, maybe we don’t.  If we don’t have the resources to fight, it’s because we’re fighting the urge to resist identifying where those resources are.  The author describes those resources more fully in his book Clouded Titles.

If there was a way you could fight a foreclosure and stay in your home for over two years, would the information in a webinar workshop be worth it to you to have in your arsenal of legal tools?

Then … prepare yourself for the fight (not of your life) that generally sickens most people.  Prepare yourself mentally NOT to do stupid stuff (like give in so quickly).

The legal system has provided us with so many stall tactics (NO! Bankruptcy is NOT one of them!) it’s a wonder more people haven’t stopped to “catch on”.  They just want off the merry-go-round because that’s pretty much what you’ll feel like you’re on when you engage in fighting the foreclosure; however, the merry-go-round is not spinning at 3 miles an hour … it’s spinning at more like 60 miles an hour!  The closer you get to your court date, the faster the merry-go-round speeds up.

If you’ve ever been to a “rocket docket”, like this author has multiple times … it’s a scary thought … watching a judge clear a courtroom of homeowners being foreclosed on in 3 hours or less (just in time for lunch), with their actual case hearings lasting two minutes or less.  It’s amazing how many homeowners complain that they have no access to “justice” when in fact, the legal system has never been more “giving”.  The information highway is chuck full of data if you know where to look.

Planning Your Strategy … in 5 steps! 

#1:

Remember the Harry Potter movie where Hagrid (while strolling down Diagon Alley) tells Harry, “If you know where to go …”?   Half your battle is in research.  If you don’t check your chain of title, you’ll end up choking your chicken in frustration.  (The author doesn’t mince words here.)  This is THE MOST important point in the entire schematic of foreclosure defense, especially when it comes to playing the delay game and playing it well.  If you don’t understand the chain of title, the author’s website offers a COTA Workshop that you can get via download in (4) 4-hour sessions and listen, watch and study what’s necessary to get through from Point A to Point B.

Once you’ve looked at your chain of title, the next fundamental issue in your quest to research details is getting at the truth.  The “truth” the way banks see things and the way YOU should see things all has to do with perception of what the documents in your chain of title say.  The chain of title is like an electric schematic, which tells you HOW things are connected in the series of conveyances, claims of lien and security instruments, which are designed as the hinge pin in claiming ownership of your collateral (your home).  Once you understand how all of this is postured, it makes things a lot clearer in your understanding of HOW to proceed.

#2:

Get copies of every document in the chain of title and examine each one that is relevant to your current situation, especially the assignments (of mortgage or deed of trust).  These little minuscule pages are where the devil is in the details.  A single-page assignment that contains all sorts of false and misrepresentative statements can be the bank’s undoing, at least in the short term.  Filing a quiet title action is NOT what you’re going to pursue in your research.  You’re not ready for that yet.

History has taught us that anyone running into court trying to quiet their title when it’s littered with all sorts of bullshit assignments is not only a big waste of your time and the court’s time, your foreclosure mill attorney will immediately pick up on your strategy and counterpunch you with motions to dismiss.  Quiet title works when there’s nothing left in the chain of title other than a lingering deed of trust or mortgage that’s not connected to anyone and the originating lender is defunct and can’t be found.  The idea here is to attack the assignments head on through a C & E action.  C & E is an acronym for Cancellation and Expungement action, which means you’re filing a declaratory relief action wherein you’re asking the court to examine a document for false statements and to cancel the document and order the clerk or recorder to remove the document completely from the land records in your county so the document has no legal force and effect against your property any longer.   This is what Al West and I developed into a workshop called The C & E on Steroids!, also available in DVD video/book combo form!  There’s nearly 14 hours of really good educational information packed into this kit.  This is the ammo one would use to fight those pesky assignments.  Here’s an idea! Once you’ve done it, make your investment back by helping others achieve success in this realm.

#3:

Knowing where to find the petitions and responsive pleadings is your next research step. There are websites that are devoted to supplying this kind of information if you don’t have time to wait for a pleadings and procedures book for your specific state. You can find these types of books in law libraries and they aren’t voluminous and most of them are self-explanatory.  It’s easy to simply make copies from the book on the pleadings you need (or buy the book online from a legal bookstore).  This author has spend hundreds of hours in the law library “chasing cases” because foreclosure mill attorneys are famous for throwing them around in their pleadings in an attempt to make their point tot the court about how they’re right and you’re wrong.  Many times however, these attorneys throw cases in there that are NOT applicable at all to the scenario you’re dealing with and you have every opportunity to thwart their moves (like one big, giant chess match).

Foreclosure mill lawyers have their own set of schematics too.  They know them well, like a flow chart of procedures.  This is what they get paid for … to execute on that flow chart every time they get a case.  They eat, breathe and shit this stuff on a daily basis and thus, THAT mindset is what you’re up against when you face these shysters in court.  You have the right to be treated as an equal by the court if you can’t afford representation, which means if the attorney says you want a “free house”, you get to stand up, object on the grounds that, “My worthy opponent is at his best when not inhibited by the facts, your Honor!”  In other words, you just matched wits with this lawyer by eloquently calling him a goddamned liar!

This is where research will help you become equally prepared to challenge his or her legal acumen because they will use every dirty trick in the book (like they’ve used on other unsuspecting victims of foreclosure). Facing off in court is not for the faint of heart either … and neither is being unprepared for the battle for the judge’s mind.

#4:

Framing your arguments is probably the biggest mess that a homeowner (or their attorney) can create, especially when it comes to beer belly budgets.  Most attorneys went to law school and learned what California attorney Al West calls, the “shotgun approach”.  This means (in short) … sue as many people as you can for everything under the sun and see what sticks.  Unfortunately, what most pissed-off homeowners don’t realize is that naming multiple defendants costs money: (a.) in developing the case against each defendant and the allegations against them; (b.) in the time it takes to complete the pleadings preparation; (c.) in filing and servicing costs ($300-$400 in filing fees and $60.00 per defendant served); (d.) in responsive pleadings to each defendant (after they file their answer to your complaint); and (e.) case management.  Each defendant will cost an average of $3,000 in legal fees, not counting discovery (via a deposition) which adds another $3,000 in approximate costs for each defendant deposed.  To make the math more simple, let’s say you have an attorney that wants to sue 5 defendants and wants advance testimony from each of them. Without even batting an eye, you’re up to roughly $30,700 and the judge hasn’t even reviewed your case yet.  Until you start evaluating your arguments, you have no idea what a lawsuit (or counterclaim) against a foreclosure is going to cost you.

While an answer to a judicial action can be a simple process, compulsory counterclaims aren’t.  If you’re trying to buy time, filing an answer in a judicial proceeding will buy you an average of 60 days, or until a court date is set and you get notice of it.

And all of the arguments in the world won’t help if you can’t keep track of timelines.  One of the biggest mistakes pro se litigants make is not keeping an eye on the court docket once a foreclosure proceeding has been commenced and the battle begins.  Not keeping track of the timelines and what the Rules of Civil Procedure mandates you must do in order to stay in the game successfully can kill a case with one missed filing or one missed hearing.  The other side will use their arsenal of tricks to up-end your best laid plans, especially when it comes to beating you on civil procedure.

#5:

With judicial process, you at least get your day in court, yet most homeowners don’t take advantage of that because they’re too busy running scared. Now imagine being in the middle of a perceived pandemic and facing a banking tyrant and its attorney head-on when all you can think about is how to avoid a potential brush with death.

With a non-judicial process, locking horns with the lender in court is the only way you’re going to stop this kind of foreclosure because the lender has resorted to advertising and selling your property on the courthouse steps instead and if you’re like the author, you’d want your day in court and the only way to get it is to file a lawsuit against the servicer and any parties coming against you that have made themselves “relevant” parties.

One would at least want to find at least one defendant in-state.  This is how diversity jurisdiction is defeated because lenders will quickly remove cases to federal court because the amount in controversy exceeds $75,000 and the plaintiff lives in one state, while the defendant lives in another state.  In-state defendants could include: (a.) document manufacturing plant employees; (b.) local law firms bringing the foreclosure action; and (c.) lenders whose headquarters are domiciled in whatever state you are filing the action in.  This won’t work if the bank is just a branch of a main bank headquartered outside of your state.  Most people don’t sue the trustee, unless the trustee (named within the deed of trust or substituted into it using a Substitution of Trustee document that follows a bogus assignment).  Then … it’s open season on the trustee.  Attorneys will give you a lot of push back on this because they don’t like suing within their own profession nor do they especially like suing trustees.  The trustee  is supposed to be a neutral party; however, when they do something totally egregious, there is established case law in most states that can wield an axe in the form of liability.

Again, the biggest issue is picking a fight with the wrong party.  Generally, rampant emotions cause bad decision making and that is another fine line item that gets homeowners in trouble.  If you’re going to litigate, let logic replace emotion.  You’ll need logic along for the ride.  There’s plenty of time for celebration later when you’ve effectuated your “Plan B” all the while holding the lender at bay.

Leave a comment

Filed under BREAKING NEWS, OP-ED

MORATORIUM ON EVICTIONS EXTENDED BY THE FEDERAL GOVERNMENT … UPDATE!

(BREAKING NEWS, OP-ED) — The author posits the following information for your educational benefit and none of the extra diatribe is legal advice, nor should it be construed as such. The UPDATE is in bold-faced type. 

CDC order on Evictions

Tenants and foreclosure victims now have until the end of this year to sweat bullets, thanks to COVID-19 and the created “pandemic” now in play in America.  This is a great time to effectuate a Plan B.

If you have gobs of equity … sell the home at a profit and downsize, even if it means a move to a different part of the country.

If you can sell the home and downsize … consider taking on a new or sideline business to make extra money.

Anything involving food, water, shelter, transportation or anything considered a “vice” are great lines of work to get into.

There are online sources you can research to investigate the costs of starting up your own business.  You’ll have better luck with that in Red States, as opposed to Blue States, for obvious reasons.

The political hierarchy will not tolerate a never-ending moratorium forever, especially after the 2020 elections, when this author feels as if the government will tell everyone, “Oh, look, the pandemic is over!”

Sarcasm aside, if the COVID-19 death counts are screwed up and the infection rates are screwed up, trusting in anyone but yourself at this point in time seems the only plausible solution.

Oh … and by the way … according to this publication (which is going into the Federal Register tout suite), on Page 33 (at the bottom of the page) the only time the word “foreclosures” is used … is to exclude them from this moratorium.  The author hopes you caught that.  Evictions are possessory actions that cover renters only and not those who were hoping to catch a “free ride” courtesy of the banks.  Notice how the author worded the headline?  Evictions are one thing.  Evictions due to foreclosures are quite something else.  See Page 10 of the foregoing CDC release if you don’t believe that.  And … the federal government expects you to pay your rent; however, many homeowners who have neglected to do so because of hardships are expected to seek help from state and local authorities to assist in making their payments.

THAT’S AN ORDER FROM THE SECRETARY OF HEALTH AND HUMAN SERVICES!  

Jurisdictionally, you’re probably asking yourself WHO is covered under this Order.  The Secretary has issued the mandate for ALL 50 states.  If you are renting anything in the 50 states, you just got a “go pass” from being tossed out on the street because the Secretary (who herself appears to be uptight and anal about this whole COVID thing) is afraid that if tenants are evicted, the number of COVID-19 cases will spike. 

That’s utter bullshit, given the CDC has already admitted to fudging the numbers.  Their numbers, as well as those of the various states that have imposed lockdowns on their respective populations, cannot be trusted any longer.  This has now become a political chess match and we are collectively ALL caught in the middle of it.  The closer we get to the 2020 elections, the higher the “counts” will be.  After November 3rd … watch the numbers plummet and VOILA! … all of a sudden … the pandemic has gone away.   

If the governments were seriously scared of this virus as they should have been during the 1918 pandemic, everyone in the country would have been ordered to stay inside their homes and don’t come out unless you have a Level 4 biolab suit on with protective respiratory gear … just like the ones they wear in Fort Detrick, Maryland, where some of this shit (the respective viruses) are created, stored and toyed with! However, the politicians found it convenient to make an excuse why our borders should remain open so more infected people can come to America and spread the disease even faster … because … as you are probably well aware … the new “anticipated”, “unprecedented” food shortage is looming and we have to reduce the world’s population if we’re going to continue to survive.  

For those of you not picking up on that last comment … it’s called DEPOPULATION.   Remember that saying, “Give me your tired, your poor.”  Well, the government here in America is tired of being poor and they want to rid all of this country’s “excess baggage” (all who your Congresspeople deem to be worthless pieces of shit) from the face of the earth.  What a better way to start the ball rolling that with a virus concocted in a lab in China and Maryland? 

This is reality folks, not a conspiracy.  If this virus only got rid of 176,000 people in the U. S. … that means we have to have some other way to “rid the numbers”.  

Wait a tick!  Here’s another great solution!  A vaccine laced with more of the virus!  Even more effective in eliminating the population because most of those who are scared will run to the nearest dispensary to get the vaccine.  Just a little prick … and within months … you’re gone. 

What this author finds particularly humerous is how Congressional and State leaders can mandate that everyone wear masks when they get their hair done, yet Nancy Pelosi can go out and get her hair done without a mask on.  Doesn’t that strike you as hypocritical?  Do what I say, not what I do.  Ain’t that a bitch?   Geez.  If the rest of the population has to wear a mask and risk getting their makeup smeared all over, so can Nancy.  Oh … wait a minute.  Maybe for her, that’s not such a great idea.  She should just stay home and have a podcast playdate, tearing papers in half while frowning, in total disrespect that people are waking up to the Congressional bullshit they’ve been trying to feed us. 

I know … you’ll probably have nightmares over this right?  Maybe she should wear a mask so we don’t have to look at her!  She’s been in office how long?  30 years. Biden’s been in office 47 years.  What do you think they’ve accomplished in that amount of time? Seriously.  Trump is not really a politician.  He’s a CEO (businessman).  How many attorneys (titles of nobility) have we had as president? 26.  How many businessmen have been president? 7 (Harding, Hoover, Truman, Carter, G.H.W. Bush, G.W. Bush and now Trump).  Which President issued the most pardons while in office?  (FDR … because he served nearly 4 terms … 2,819, followed by Truman, who issued 1,913).  Which President absolved the sentences of convicts during his two terms in office? (Obama … 1,937).  Which American President has the greatest peak net worth? (Donald Trump, with $4.5-billion, followed by George Washington, who amassed $587-million). No other president has come that close.  

If our economy was doing that well economically BEFORE the pandemic, should we re-elect a billionaire businessman whose hasn’t taken a salary while in office (donated it to worthy causes) or a 47-year politician whose net worth (self-proclaimed) is $9-million and who was part of an administration that forced us all to pay to have health care? 

Now, whether none of the foregoing really matters, have you forgotten what the Constitution states about what the duties of the President are? 

Click HERE to further your studies. 

 

2 Comments

Filed under BREAKING NEWS, OP-ED

AND THESE GUYS ARE INVESTORS?

(BREAKING NEWS, OP-ED) — This isn’t legal advice.  It’s a classic example of what happens when investors fail to do due diligence and react poorly when the sewer backs up.

Umbrella Investment Group LLC et al v Wolters Kluwer Fin Svcs Inc, 5th App Cir No 20-30078 (Aug 25, 2020)

The foregoing case should teach us a few things …

  1. Don’t rely on outside, third-party verifications on anything, especially flood zones.  The investors should have checked directly with FEMA and talked with a human being and asked for the most recent flood maps and had it verified in writing with FEMA. Duh.
  2. If you’re going to sue for fraud, at least understand the court is going to require you to meet the 5-point test as to the elements of fraud.  Only citing reliance (on someone else’s opinion) does not meet the full criteria for a fraud claim.
  3. It’s called relative due diligence … if you open a business in a populated area, such as the investor group did here, don’t you think it would have been a good idea to talk to other area business owners to see whether they’re paying for special flood insurance too?  I mean, seriously, if you’re going to grow a business in a given market area, don’t you think you should know the terrain?
  4. On Page 4 of the 5-page ruling, it’s really important to note that: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake (and not simply) … on speculation and conclusory allegations.”  “On information and belief” doesn’t cut it if you can’t specifically cite WHERE and HOW the fraud or mistake occurred and who is liable for making that mistake.  Best to get a grasp on the elements of fraud and get an attorney that really understands federal Rules of Civil Procedure.

 

Leave a comment

Filed under BREAKING NEWS, OP-ED