Category Archives: OP-ED

MERS AND ITS ROLE AS A PLAINTIFF AND DEFENDANT … OR THE LACK THEREOF!

(OP-ED) — This is an educational overview as to what has taken place in the American legal forums in the last two decades and my take on what it all means:

UPDATE: Please see my comments to Lori’s question in the comments section as to Bank of America’s claimed “successor by merger” BS to BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing, LP, especially using MERS to hide the real truth!

HISTORICAL PERSPECTIVE

On January 1, 1999, Mortgage Electronic Registration Systems, Inc. and its parent MERSCORP, Inc. (“MERSCORP”), surfaced as a new brainchild of the mortgage industry after two previously-failed efforts to put an effective electronic database into useable form.

MERSCORP is the “brain” part of  the “brainchild” … Mortgage Electronic Registration Systems, Inc. is the “child” part of the “brainchild”.

The acronym known as “MERS” was attached to the “brainchild” to further confuse the system of things from being able to specifically identify whether the parent or the baby bastard child is coming into play at any given moment.

According to research done by Robert M. Janes, J.D. (retired attorney) in his work SHELLGAME MERS, Contrived Confusion (available at esprouts.com), the “MERS” known in mortgages and deeds of trust as Mortgage Electronic Registration Systems, Inc. HAS NO “MEMBERS”, despite what attorneys for “MERS” have told judges all across America.  The entire system of things has bought into this crap.  Our entire judicial system has been permeated with lies.  As Hitler’s propaganda minister Joseph Goebbels stated (paraphrased), “tell a lie long enough and often enough and people will come to believe it as truth.”

MERSCORP however owned everything known as the MERS® System, up until the time that Intercontinental Exchange, Inc. (“ICE”, who also owns the New York Stock Exchange) bought MERSCORP and all of its assets and transferred all of the MERS servers to Mahwah, New Jersey, where ICE’s data servers are located.  This happened in October of 2018.  From February of 2012 until October of 2018, MERSCORP was merged into MERSCORP Holdings, Inc. and operated as such until ICE acquired it.

MERSCORP had all of the “Members” who technically are users and subscribers of its “MERS® System”.   They have an executory contract with MERSCORP.  As far as I can tell, when ICE acquired MERSCORP Holdings, Inc., ALL of the databases, memberships and every other facet of MERS went with the sale and transfer to ICE.

These latest developments also beg the question: Do I have to sue Intercontinental Exchange, Inc. if I want to go after MERSCORP Holdings, Inc., since ICE now owns MERSCORP?   That’s a question for counsel to answer; however, I personally wouldn’t sue either one of them, knowing what I know about NOT giving MERS a “leg up” … and given the fact that MERSCORP is now backed by the power of Wall Street funding!

MERS WANTS TO BE “ALL THINGS TO ALL PEOPLE”

Unfortunately for MERS, one State (Tennessee)’s Supreme Court gutted MERS’s business model like a chicken in the Ditto decision.  See attached:

MERS v DITTO_TN Supreme Court rules against MERS!

Unfortunately for the other 49 States, their respective Supreme Courts did not issue a ruling as succinctly as Tennessee’s ruling was.   Only Washington (Bain), Oregon (Niday and Brandrup), Montana (Pilgeram), Maine (Greenleaf and Saunders), New York (Agard, Bresler, Collymore and Silverberg), Kansas (Kesler), Arkansas (SW Homes), Nebraska (Dept. of Banking and Finance) and Missouri (Bellistri) did some damage to the MERS® System, but nowhere near the damage inflicted in Ditto.

Sadly, for the rest of the country, especially in Minnesota (Jackson) and Michigan (Sauerman), where the foregoing cases have propelled the MERS business model into fruition, homeowners in those states (except Minnesota and Michigan, where homeowners are essentially f**cked) have a long, uphill battle against any securitized trust that made use of the MERS® System to do its bidding.

REPUDIATION AGREEMENTS: A POTENTIAL WAY OUT

If you were lucky enough to have a mortgage loan originated by New Century Mortgage Corporation or Fieldstone Mortgage Company, you may have a legal solution as a possibility to consider in maneuvering through the legal pitfalls created by the use of MERS in your mortgage security instrument.

To date, to my knowledge and research, these two entities were the only two entities that had executory contracts with MERSCORP (or any form thereafter) repudiated their contracts with the MERS® System and its owner/parent MERSCORP Holdings, Inc.    See the attached below:

NCMC Notice of Repudiation

The foregoing repudiation was validated in the case of DiLibero v. MERS in Rhode Island.  I like to use this case because the Rhode Island Supreme Court likes to rub homeowners’ noses in MERS’s bullshit every chance it gets because Little Rhody’s lower courts have bought into the lies propounded by MERSCORP-retained attorneys.

See the case here: DiLibero v MERS_2015-13-190

In a previous post, I talked about the positive outcome of using the repudiation agreement as a means to assert the lack of standing of the Plaintiff Bank, unlike what happened in the Cruz v MERS case, where Cruz lost because he didn’t use the repudiation agreement. Duh?  (Was Cruz or his attorney even aware of this?)

See the case here: Cruz v. MERS_2015-12-136

The second known notice of repudiation was filed in the bankruptcy case of Fieldstone Mortgage Company, in a rather voluminous omnibus filing:

Fieldstone Mortgage Bankruptcy

As I teach in my COTA Workshops, repudiation of a contract in a Chapter 11 proceeding is like taking a dump.   Getting rid of excess baggage that could potentially weigh you down as to legal issues coming back to bite you in the ass.

In what I’ve just presented, both entities unilaterally decided they didn’t want to play in the MERS® System any further because they deemed it a potential liability and thus NOTICED MERS that they were ending their relationship with MERSCORP.  This has provided at least one homeowner with an “out”.

In what I deem is a “new twist” to the equation, the New York-based law firm of Jenner & Block (where Neil Barofsky works), issued a memo, dated January (2019), entitled “Recent Developments in Bankruptcy Law”, wherein Section 9 talks about “executory contracts” and where the debtor in possession (of whatever is part of the debtor’s estate or business) does not need court approval to repudiate (or cancel) an executory contract (see below):

NOTE: Click on the picture to see it in full size!

For a full copy of the report (in PDF format): Recent Developments in Bankruptcy Law, Jan 2019 (Jenner & Block)

What does THIS SAY for Chapter 11 petitioners who repudiate MERSCORP executory contracts NOT needing court approval?   How do you know a MERSCORP executory contract with a so-called “MERS Member” was cancelled by the Chapter 11 debtor unless you ask about it (in discovery)?   Would you care to go rummaging through bankruptcy court filings (at ten cents a page)?   The repudiation agreement by the defunct lender or notice of such may not even be in there!

MERS AS A PLAINTIFF

In the states that allow Mortgage Electronic Registration Systems, Inc. to file a foreclosure action against a borrower, MERS is simply claiming that it’s exercising its right to foreclose per the language in the security instrument.  In some cases I’ve seen, MERS’s attorneys even come in and attempt to claim a surplus after the sale, even though MERS itself receives no payments, incurs no financial harm, etc. (see Restatement of Mortgages, Third § 5.4), which I think the law firm is clearly attempting to pilfer whatever surplus it can get for its own gains and not those of MERS or its parent.

The problem I have with MERS being anywhere near a foreclosure is not so much the contractual angle, but the damage angle, based on the Spokeo v. Robins decision by the U.S. Supreme Court.  How was MERS damaged?    In the Robinson case in California, MERS plead to the 9th Circuit (as part of getting the appellate court to affirm the lower court’s ruling) that its business model would be harmed if the appellate court didn’t rule in its favor.  You see how the lie permeates into the appellate court system?

Sadly, I liken MERSCORP CEO Bill Beckmann and his Board of Directors as a little Hitler and his band of little crony “yes-men”.   They all need to be in jail!  And speaking of Hitler …

MERS AS A DEFENDANT

The main reason that MERS (as Mortgage Electronic Registration Systems, Inc.) is listed as a Defendant in foreclosure cases is because the Plaintiff REMIC or servicer (posing as the party claiming to have the right to enforce the security instrument) wants to notice MERS in order for MERSCORP employees to check the database to make sure that there aren’t any other “mesne assignees” hiding somewhere within the chain of custody of the electronic trading going on involving that alleged loan, in order to provide a “clearing” of potential unknown Defendants that may come in later and file a claim in the case.

THE SUPREME COURT HAS (TO DATE) NOT ALLOWED ANTI-MERS CASES TO COME BEFORE IT

Writs of Certiorari have tried and failed.  However, I still believe that we will continue to see more MERS-related decisions appealed to the nation’s highest court until the matter of MERS’s flawed business model and the damage it has inflicted on over 80-million homes finally gets resolved.

THE BOTTOM LINE IS STILL THE ASSIGNMENTS: THE DEVIL IS IN THE DETAILS! 

Again, if you go into the back of The Quiet Title War Manual, you will see state-by-state listings of statutes that cover certain elements of law involving quiet title, declaratory relief, deficiency judgment law, etc. … and below that section, three individual paragraphs on actionable statutes and case law involving violation of statute in the recording of documents into the land records which contain false information (many of which are felony-rooted in nature) or violate provisions of state consumer protection act laws.  We are now (based on my past posts) seeing the use of these mechanisms in attacking the banks’ attorney(s) (because sometimes there is more than one attorney or law firm involved in any given foreclosure) in turning a statutory violation into an ethical violation!

When a foreclosure mill attorney is put “at risk” of being suspended or being disbarred for suborning perjury, committing perjury or some other ethical misconduct, do you really think he (or she) is going to want to stay in the fight?   Further, what future substituted law firm would want to step “into the pile of poop” created by the first law firm, knowing it would put itself “at risk” of having its Errors & Omissions insurance policy attacked?

Things To Watch Out For …

  1. Any entity that has filed for Chapter 11 Bankruptcy before 2010 … as to whether they got court approval to repudiate the MERSCORP executory contract.

This provides you with a potential argument (or at least an affirmative defense to a foreclosure) that MERS and its alleged “agents” (“officers’)  for the “nominee” has any authority that was repudiated by the originating lender (debtor-in-possession);

2.  Assignments dated AFTER the originating lender filed for bankruptcy (easily discovered on Google or Google Scholar).

You especially want to check for language within the assignments (of mortgage or deed of trust) that says, “together with the Note”, because MERS cannot transfer what it does not have an interest in.   Secondly, not many people argue that there is no specific right delegated to MERS to “assign” anything.   Thirdly, NOTES ARE NEGOTIATED … not transferred or assigned; and

3.  Any mortgage foreclosure complaints, notices of trustee’s sale or similar notices that reflect that MERS has any authority to do anything, specific to the state of the union you are in.

Certain states, as I’ve mentioned before, do NOT allow MERS to do much of anything, while in other states, MERS can pretty much steamroller over homeowners.

My question is, why are you still living there?   Or better yet, why haven’t you attacked the assignments in Consumer Protection or statutory claims?

The Devil Is In The Details

Always check the assignment of mortgage or deed of trust for:

  1. Self-dealing (by the servicer and its employees);
  2. Claims that the note was “assigned” in addition to the mortgage or deed of trust by MERS;
  3. Names and addresses of law firms involved in the assignment;
  4. Names and addresses of title companies involved in the assignment;
  5. Names and addresses of servicers involved in the assignment that claim the Plaintiff’s address is in c/o the servicer’s address;
  6. Names of known robosigners involved in the assignment;
  7. Names of notaries participating in the assignment that are acknowledging under PENALTY OF PERJURY;
  8. Phony MERS addresses (like their alleged Ocala, Florida address, which actually belonged to Electronic Data Systems);
  9. Dates of assignments that well post-date the REMIC’s 424(b)(5) Prospectus Cut-Off and Closing Dates;
  10. Post-dating or back-dating of the assignment; and
  11. Documents created in one state that are executed in another state.

Any of these “details” can be used as evidence to go after the law firm attempting the foreclosure!   And THAT my friends … is how the system of things should work!

Coming soon …

P.S.: Hat tip to David A. Rogers, Esq. of Austin, Texas for the Fieldstone materials!

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THE SYSTEM OF THINGS: ANOTHER MINI-VICTORY IN FLORIDA!

(BREAKING NEWS — OP-ED) — This is not legal advice!  The author of this post is bringing you the latest mini-victory courtesy of Florida Criminal Code § 817.535 … and its applicability to defeating the banks’ servicer’s motions!  Read these briefs for your own educational benefit and understand that we are using “the system of things” to move the cases forward! 

(VOLUSIA COUNTY, FLORIDA) — A judge in Volusia County Circuit Court has DENIED the Defendant’s Motion to Strike in a mortgage foreclosure case.

SEE THE COURT’S ORDER HERE: motiontostrike-denied

The arguments posited in this case deal with what I’ve previously discussed on this blog site … statutory violations!

Not every state has the same kind of statutory components as Florida (some do) that offer a civil component that could bolster a homeowner’s claim that the bank and its servicer AND its law firm knew of should have known that what they proffered to the court through their pleadings and exhibits could come back to bite them.

Whether you are an investor who is faced with a legal conundrum  over an acquired property or a homeowner who is facing foreclosure, you should understand that there are statutes, which I explain in detail in the back end of THE QUIET TITLE WAR MANUAL, on a state-by-state basis, that covers statutory violations as well as your common law right to bring an action under consumer protection act statutes or based on a criminal component that could be brought into the mix in the civil realm.   For example, perjury is a felony.  If you are in a civil trial and you commit perjury giving false testimony, the matter now becomes a criminal matter … subject (of course) to the discretion of the court.   If the attorney representing the bank or the servicer lies to the court and misrepresents the truth or relies on false and misrepresentative exhibits as part of their presentation and pleadings, then what do you think the court should do to them?   It happens all the time in court yet homeowners’ attorneys seem to turn a blind eye to it.  Well, not EVERY foreclosure defense attorney turns a blind eye to it, but a lot of them do because (after all) we can’t “rat out the brotherhood now, can we?”

If an attorney for the bank tells the bank’s witness to misrepresent the truth on the stand (or in a deposition) and it is discovered through an evidentiary hearing that the attorney suborned perjury … well, that’s a felony too!

If you’ve read my posts on “Gutting the Underbelly of the Beast” … I’ve explained the process of what happens (and what’s available) by running a misconduct complaint up to the state bar’s disciplinary board.  You (as a pro se litigant) will NOT have the same results as a bar-licensed attorney who files the same complaint before the tribunal.  Statutory violations can thus be turned into ethical violations when the bank’s attorney doesn’t play fair and doesn’t tell the whole truth or misrepresents the truth in his pleadings and exhibits.

Now for the real slice and dice … 

Here’s the motion put forward by the homeowners, as Plaintiffs, which prompted the bank’s motion to strike:

amend_cc_08.20.18

This is WHY the judge denied the motion to strike and placed this matter for trial.

The way I’m reading this, it’s the perfect set-up for the ethical violations and eventual reporting to the bar of the charges so the bank’s attorneys would stand to be disciplined.  It’s the way the system of things is supposed to work!

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INVESTOR ALERT: ACQUIRING MORTGAGED PROPERTIES CAN RACK UP UNNECESSARY LEGAL BILLS

(OP-ED) — The following is an opinion of the author only and the content offered herein is for your educational benefit.  Enjoy! 

One of the avenues investors like to travel upon is that of acquiring homeowners association liens.  Such was the case in Texas with Kingman Holdings LLC.  You can read the case here:

wells fargo bank na v kingman holdings llc, tex app (5th) cir no 05-17-01240-cv (jan 17, 2019)

The one thing I didn’t notice is all of the “assignments” that were talked about in the suit.  None of them were ever challenged.  And this is a MERS-originated Deed of Trust, so you know it was securitized.   As the case states, Lehman’s Asset Backed Securities Mortgage Loan Trust 2007-1 was involved and it is highly likely that there are multiple issues regarding the actual negotiation of the note and related paperwork to the custodian of the trust at the proper time stipulated by the 424(b)(5) Prospectus for that REMIC trust.  What this case argued was lien superiority and Wells Fargo won, despite the lack of challenge to the assignments.  I wonder what the outcome would be if the false and misrepresentative statements contained in the pleadings in the lawsuit, which ties the false statements made in the pleadings to the documents in the land records, thus opening the door to further scrutiny (albeit the other side might scream that we’re reaching; parol evidence).

No pain … no gain.  But investors have to be careful when it comes to buying HOA-related properties.  This is why I like tax deeds.  The county in fact DOES have first lien priority, whereas HOA’s do not.  In fact, reading into this case, nothing in the HOA paperwork showed its lien was superior, but money was spent litigating the case anyway.  Learn from other’s futile mistakes.

You can look at this case and say, “The banks always win!”  however, understand who the appellant is here … the bank.  It got ruled against in the lower court!

Sadly, I’ve come to understand that most HOAs only notify the actual owner of the property and NOT the lenders that might have a mortgage on that property.  This puts investors in a vary “gray area” when it comes to acquiring property that has an existing mortgage, thinking that nothing will come of it.  So … caveat emptor, especially if you’re investor who didn’t plan on spending extra cash in litigation.

NEW REVISED COTA CHECKLIST

AS AN ADDED BENEFIT to this story … please download the PDF of our new COTA Checklist for 2019 here:

2019 cota checklist

Having tools at the ready when you’re doing property searches isn’t a bad thing, especially when your own property might be in jeopardy.

GOVERNMENT SHUTDOWN UPDATE:

On another note … while not related to chain of title issues … the Air Traffic Controllers Union and a host of its membership have filed suit against the government, citing air security risk due to the government shutdown … read the lawsuit here:

patca et al v us, us d.c. no 1-19-cv-00062 (jan 11, 2019)

This lawsuit may not move too fast given what we reported on this blog yesterday about the courts’ running out of funds tomorrow.   If air traffic controllers have to suffer, what do you think airline passengers might face in the near future?   Don’t you think shit rolls downhill?   Make your travel plans accordingly as flying might not be the best option right now.

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ON FRIDAY … THE FEDERAL COURTS WILL VIRTUALLY COME TO A GRINDING HALT!

(BREAKING NEWS, OP-ED) — The commentary expressed here is the opinion of the authors and should not constitute any type of legal or financial advice.

JANUARY 23, 2019 (D.C. and elsewhere) — On Friday, January 25th, for the first time in American history, the federal court system in the United States will run out of money to pay for most of the fundamental services that you’ve come to know and depend on.  More staff and court clerks will be furloughed, reducing the speed with which the federal courts deal with ongoing cases.

If you’re looking for the federal system of things to slow down your foreclosure case or pending litigation, this presents you with a great opportunity, as things grind to a snail’s pace.  If you’re looking for resolution, what’s happening with the lack of funding will impede your forward progress.  Time-sensitive issues, such as statute of limitations, may be affected by the government’s inability to respond.

R.J. Malloy and I will discuss the repercussions of the federal shutdown and what it means for the courts and the economy on our upcoming broadcast on City Spotlight – Special Edition, on WKDW-FM, 97.5 in North Port, Florida!  The program airs at 6:00 p.m. Friday night, Eastern time.  When you click the foregoing link and get to the home page, click LISTEN NOW and wait for the program to load.  It will stream the station live.  Then, wait for the program to start.  There is more to all of this than you can imagine!  R.J. Malloy was a former law clerk to a U.S. District Court judge (for 9 years), so he understands how the system operates and what it means for appropriations to go by the wayside.

I posit here that our government, at this juncture, consists of the worst bunch of congressional misfits, blowhards and stubborn fools this country has ever seen or experienced, yet alone elected.  One would think that the responsibility of being an elected leader would warrant taking a stand and getting the job done.  After all, isn’t that what you elected them to their congressional position for?   To get a job done?   It doesn’t appear that anyone’s doing anything now, does it?  And Americans are suffering for it.

We have not yet seen the effects of the TSA employees quitting en masse and taking jobs in the private sector.  While many despise the TSA and what it stands for, it also pulls the perception of security away from the airports and makes them more vulnerable to terrorists who would take advantage of the slowdown.  All of this because President Trump wants to spend a meager amount of money to build a wall to restrict illegal aliens from coming into this country and sponging off of our good nature (not to mention all of the benefits they get).

I don’t care what side of the political fence you are on.  That is not what is important here.  What is important is to recognize that the people you elected to the DC bunch are getting nothing done … getting nothing done over political issues gives our enemies an opportunity to hurt us.  It also gives corporatism an edge in DC, as lobbyists spend more money buying votes than Congress spends running itself.  When our government stagnates, it demonstrates how dysfunctional and vulnerable we are as a collective body politic.

The nasty side of this equation (and I don’t support either one) is that if you’re a Democrat, you want the CEO out of the White House.  He’s not a politician.  He’s a businessman and he’s trying to run the country with the framework that’s been set in place, albeit attempting to “drain the swamp” by exposing the very things that Democrats espouse … all socialist in nature.  If you’re a Republican, you’re pro-business.  You like having a CEO in the White House and you go about things a very different way because you’re used to seeing the government run as a business and not as a means to entitlements.  However, as a Republican, you support corporatism and lately, it’s been bad for America because the elitists then run the country (oligarchy).  When the government stagnates, fair markets are impeded. The balance of the economy and the gross domestic product then becomes affected.   Our two-party system has significantly failed us and we let it happen.

This government wastes more than the $5-billion dollars that President Trump wants to have appropriated to build a wall on our southern border.  If border residents are finding prayer rugs left laying about, then you have to ask yourself WHO left them there and why?   If terrorists are flooding into this country in droves, then it’s just a matter of time before they infiltrate secure areas of our infrastructure (like our power grid) and disable it without warning … all the while politicians bicker and fight over putting up a wall to bring us security … or at least the perception of security.

It’s just like the front door to your house.  You can make it as impenetrable as you want.  But … if someone wants in, they’re going to find a way to get in.  If you let them enter your residence, then you let them take your control away.  When your personal space is invaded, and you have no more control, then where is your freedom and your security?

If you’ve ever been the victim of a home invasion, you can certainly understand where I’m coming from.  This is what I’ve always said about the haves and the have-nots.  The have-nots depend on food stamps.  If the government does not get its act together soon, the infrastructure will start feeling even more desperation as the money for food stamps will run out in March because the benefits, which run in advance of their actual payment dates (January food stamps work off of March’s appropriations), then when March gets here and the appropriations aren’t there to pay for food stamps … people go hungry.  What you do you think will happen when people go hungry?  They become angry.  They do foolish things, like rob and steal from others.  In Kansas City, a man shot another man to death on a street corner … all over a cheeseburger.  Is this what is to become of our way of life?   And politicians want to take away our right to own a firearm in order to defend ourselves from people who would rape, steal and murder us?   You need to realize who the enemy is here.

Tune into the broadcast for the full scoop on where we stand.  Be informed.

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THE SYSTEM OF THINGS IS IN PLAY IN ORANGE COUNTY, FLORIDA!

(BREAKING NEWS — OP-ED) — URGENT!      URGENT!      URGENT!       

The author of this post is relaying the latest information as it’s coming to us out of the court record as it relates to the way “the system of things” is supposed to operate.  This is for your educational benefit as it shows where the judge did the right thing! 

(ORLANDO, FLORIDA) — A Florida Circuit Court Judge has put the brakes on a foreclosure sale by setting an evidentiary hearing after a Motion to Vacate was filed by the homeowner’s attorney and an emergency meeting was held to determine the legal objections of an attempt by Nationstar Mortgage LLC and the real party in interest (Fannie Mae) to steal a property belonging to Jonathan Mack, the defendant homeowner in this case.  I am not simply regurgitating the excitable phone call I received early this afternoon (on the 15th of January, 2019) from parties familiar with the case.  It appears there will be expert testimony presented in this upcoming hearing.

It is a known fact that the foreclosure mill of Robertson, Anschutz & Schneid is involved (representing Nationstar).  Through the pleadings and assignments, they managed to get a judge (Weiss) to agree with them and the judge allowed the foreclosure.  See the Certificate of Sale below:

certificate of sale_mack

It is amazing how other bidders attempted to purchase the property, only to be beat out by $100 by Fannie Mae (ain’t that something).  I surmise that it wasn’t over the objection to the sale by the then-homeowner’s attorney, Chris Lim:

objection to sale_mack

bid log_mack

My understanding is … is that the former attorney wasn’t doing much of anything (typical of the way most foreclosure mill attorneys treat their annuity clients), until a new attorney that “gets it” stepped in, filed the motion and set an emergency hearing.

If the proof is in the pudding (as it were), the attorney obviously got through to the judge:

court minutes_mack_evidentiary hearing set

We anticipate expert witness testimony will take place at this hearing, followed by a formal Bar Complaint by the expert witness attorney against all lawyers from the foregoing law firm who participated in this fraud on the court (once determined).  Only a judge can “do the right thing” and make that determination.

If you’re an attorney … and you lie to the Court … you should be dealt with before the state bar.  THIS is how the system of things is supposed to work.

You have to get to this point in the proceedings.  It does NOT have to come to full steam at the point that THIS case did.  This point does NOT come all by itself.  This point is part of a strategy that sadly, most homeowners don’t want to consider until it’s too late.  This could have been dealt with in discovery, IF foreclosure defense attorneys (I’m not saying they’re all ignorant of how to conduct proper discovery) did the right thing when they were supposed to.  Some foreclosure defense attorneys have taken clients’ money and done nothing.

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