Category Archives: Quiet Title Education

Clouded Titles Author Dave Krieger Live On-Air Tonight!

BREAKING NEWS —

Happy St. Patrick’s Day! 

Join Clouded Titles author Dave Krieger with retired attorney (and WKDW-FM station manger R. J. Malloy) on WKDW-FM, 97.5, North Port, Florida.  You can hear them live, on this special St. Patrick’s Day edition of City Spotlight, streaming over the internet, at kdwradio.com!   Simply click LISTEN LIVE to join in at 6:00 p.m. Eastern Time.  Hear the latest news and information about debt collection, foreclosures, legal issues and related information.  Send your questions and comments on the program to info@kdwradio.com.

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Filed under Breaking News, Chain of Title Education, Debt Collection and Foreclosures, FCRA Education, FDCPA Education, Financial Education, Quiet Title Education

MISSOURI SUPREME COURT UPHOLDS SANCTIONS AGAINST WELLS FARGO!

BREAKING NEWS — 

Whether you’ve caught wind of this or not, Missouri Attorney Greg Leyh will have a shot in front of a rural Missouri county jury to convince them that Wells Fargo’s (and others’) actions in wrongfully foreclosing against David and Crystal Holm of Clinton County warrant serious money damages.

See the Missouri Supreme Court opinion here: holm-v-wells-fargo-mtg-inc-et-al-sup-ct-mo-no-sc95755-feb-28-2017

Because of Wells Fargo’s evasive actions to thwart discovery, the county judge sanctioned Wells Fargo by striking their pleadings and preventing them from (1) presenting any evidence at trial; (2) objecting to the Holms’ evidence; and (3) cross-examining any of the Holm’s witnesses.  Wells Fargo maintained it never waived its right to a jury trial.  The circuit judge denied their request, held a bench trial, and entered judgment in favor of the Holms, quieting title to their home.

The Missouri Supreme Court reversed the quiet title action, but refused to vacate the sanctions award, and further held that the wrongful foreclosure “was supported by substantial evidence and was not against the weight of the evidence.”  What the new trial by jury will determine is what the Holm’s damages are for the wrongful foreclosure.  A recent trial in Clinton County resulted in a $4.7-million jury award.  The Holms were originally awarded $2.92-million in punitive damages as part of their overall award.

OP-ED —

The issue here is how a jury is going to treat Wells Fargo, given the recent spate of bad press surrounding the creation of dummy accounts to get the bank’s numbers up.  With the way that most rural folks view banks these days, it’s likely that Wells’s request for a jury trial may get them in more financial hot water than they bargained for, rather than just paying up and taking their loss with grace, lesson learned.  I personally don’t think it’s going to end that way for the bank and I’m sure the quiet title action that was vacated is going to be revisited.

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Filed under Breaking News, Op-Ed Piece, Quiet Title Education

NINTH CIRCUIT RULES AGAINST THE ROBINSONS!

BREAKING NEWS — OP-ED! 

In what the poster of this blog deems as a completely off-point issue of contention, the U.S. Ninth Circuit Court of Appeals has ruled that if you don’t name MERS in your quiet title action in California, the courts will simply ignore that you did not quiet title as to MERS, it will rule that you violated MERS rights by not noticing it in the first place!   See the attached ruling: 59-1-courts-memorandum-12-16-16

This also means that when you name MERS, the contract, which says MERS has the contractual right to foreclose on you, even though there wasn’t an assignment of deed of trust recorded when the quiet title action was taken, it means that if MERS is in the deed of trust, you have to name them because the contract says that they are a beneficiary and a nominee too!  Apparently the 9th Circuit thinks that the same party can be both the beneficiary (which was not certified to the California Supreme Court by the 9th Circuit to determine the same thing that Oregon and Washington did in their respective MERS-related cases), and that MERS suffered harm because they weren’t allowed to come in and outsource and outspend the homeowners by removing their quiet title actions to federal court, claiming diversity because of the value of the note, which they have no interest in.  Sadly, in this case, there was no pending foreclosure, so what right did the 9th Circuit have to bring that up.  Where in the contract does it say MERS has the right to assign anything?  Wait!  MERS doesn’t assign anything!  The members of MERSCORP, it’s parent, who’s not even stated in the contract, provides the platform for the alleged document fraud!   MERS’ Board of Directors needs to be in prison!

Now, using this ruling, I challenge all of the attorneys studying the aspects of this ruling exactly how much liability MERS assumes as the agent of a defunct lender when it comes into court and attempts to enforce its agreement with a lender that is no longer in business, without having to provide any proof whatsoever, because what MERS will do is flake out on your discovery (and I want MERS to know I wrote the discovery for this case) and refuse to answer simple “yes” or “no” answers, calling them vague and overbroad.

This battle is not over yet.  A 4-page Memorandum, which I deem as chickenshit by the 9th Circuit, needs to be challenged because there is something rotten about the way that Judge Philip Gutierrez wrote a 13-page Opinion and then turned around and did a complete 180-degree flip in a subsequent 10-page Opinion which the 9th Circuit affirmed.

I’m not an attorney, so I can castigate the judges, unlike attorneys, which have a strict guideline to uphold the integrity of the judiciary.

Integrity of the judiciary … hmm … now that’s another subject for another day.  We know there’s something rotten going on here when quiet title actions are no longer sacred and we have to summon agents of defunct lenders to court.  Time for a 70-millon-member class action lawsuit against MERS, brought by about 20 law firms?   Don’t laugh … it may be in the works!  I’d like to see what liabilities they can heap on MERS and make stick!  Civil RICO?   After all, MERS does provide the platform for all of this apparent servicer fraud, right?

Someone is going to have to have the patience and the bucks to bring this entity down.  They have not done one bit of good for the counties’ revenue streams, which is why the State of Connecticut virtually tripled the fees for all MERS-originated mortgages.  I say, all the states now have a blueprint to make more money … vote to raise your MERS-originated recording fees.  How about … $1500 a pop?

UPDATE: Also, I might also add that you should notice the decision in Robinson was UNPUBLISHED, which means MERS nor any other foreclosure mill can use it as a citation (however, MERS will attempt to do so, you can bet on it!).

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Filed under Breaking News, Op-Ed Piece, Quiet Title Education

TITLE IS TITLE, NOTE IS NOTE … BANKS CAN’T EVEN GET IT RIGHT!

Op-Ed!

I do not know what the law schools are teaching regarding real property law, but here is an atypical case where one alleged lender used a quiet title action to prove a mortgage loan existed on a piece of property and a Maine Superior Court Judge chimed in … loud and clear … “what the hell were you people thinking?”

In the case of U.S. Bank, N.A., as Trustee for LSF8 Master Participation Trust v. Decision One Mortgage Company, LLC, (Superior Court, CV-15-65)(July 26, 2016), the Plaintiff (U.S. Bank) claimed it owned a note and mortgage, claiming the Defendant (Decision One), the originating lender on the note, was defunct and could not collect on the note.

The problem I have is, U.S. Bank didn’t get it right in Ibanez and they sure didn’t get it right here.  I mean, seriously, folks, using a quiet title action to prove up a note?  Seriously?  Someone either fell asleep in property law class or someone just is plain stupid in their legal analysis of this subject matter.

I have been trying to drum it into people’s heads that a quiet title action (when coupled with a request for declaratory relief) is used to determine who has superior title to any given piece of property … NOT to determine who owns the note with the right to enforce the terms of a mortgage.

Simply put … the court agreed with my teachings … not U. S. Bank’s attorneys!  It is sad that my consulting is now limited to attorneys litigating quiet title and will not be available (unless you read The Quiet Title War Manual) to the general public.

A quiet title action, as Al West and I so succinctly put it in the foregoing 512-page educational manual, is an action whereby you put forth a claim that you have superior title and request that the court determine the rights and interests of the parties as to “title”.  A note is an obligation created at the closing table and is not recorded in the public records, whereas “title” is recorded, by virtue of a deed.  The deed is your proof of ownership.

MERS, Securitization and Quiet Title

I don’t see MERS anywhere on anyone’s “deeds”, yet MERS thinks they have “legal title” to everything contained within a MERS-originated mortgage.  This is one of the reasons I keep telling people to “say NO! to MERS mortgages”.  Once you let this parasite in, you’ve just exacted hell upon yourself in unwanted legal fees, because the intent of the founders of MERS (Fannie Mae, Freddie Mac and the banks) was to securitize your mortgage note (turn it into a security on Wall Street) and pander it to every ignorant investor who thinks that investing in securities is a “smart thing” to do.  I see nothing wrong with getting up and walking out of a closing where you are presented with MERS-related paperwork.  After all, by the time you get to the closing table, your note has probably already been sold at least nine times, WITHOUT YOUR SIGNATURE ON IT!  This is the big lie folks!

Say NO! to MERS!

If you think that your signature on a mortgage note is the start of the sale of the terms and conditions put forth under Paragraph 19 or 20 (depending on which long-form mortgage document you are signing), think again.  It doesn’t say WHEN the Lender may sell your note (or a partial interest thereof), as long as the Lender has your Form 1003 Loan Application.  When your loan application is submitted, it gets pandered all over Wall Street, along with your personal identifying information, in addition to being inputted into the MERS® System electronic database.  You make it all literally “legal” when you sign the mortgage and note.  But what if you didn’t?

What if you “woke up” and realized the MERS-originated Mortgage was a scam to steal your personal identifying information (your payment history, your credit scores and your personal information, e.g. social security number, date of birth … all the things these would-be thieves use to steal your identity) and you said NO! and got up and walked out of a closing?  What could the Lender do?

The REMIC trust rules allow for “qualified loans” to be substituted up to 90 days AFTER the trust closes, so that would be construed to mean that some other dumb sucker’s loan (who didn’t wake up like you did) would be put into the place occupied by your loan.  The REMIC itself contains a list of loan numbers (yet to be assigned, until you sign the paperwork) and these loan numbers mean nothing without “legal backing” behind them.

If MERS is shown on your paperwork (solely as a nominee), this failure of a beta business model will attempt to outsource and outspend you and cause you serious health problems (because of what it does to your chain of title) … and by the time all this happens, your title is too late to fix because no one knows who owns what … except that the title to the property is in YOUR NAME!   That is the for sure thing.

In the foregoing case, neither U.S. Bank nor Decision One was “on title”.  The homeowner’s name was on title. I didn’t see him filing the quiet title action, probably because of ignorance.  This is the fallacy being played upon the American public by the banks and it appears the banks themselves are drinking their own kool-aid.

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Filed under Op-Ed Piece, Quiet Title Education

THE LAST QUIET TITLE WORKSHOP OF 2016!

BREAKING NEWS (from the poster)! 

For those of you who are planning to attend the Honolulu, Hawaii Quiet Title Workshop, please be advised of the following:

  1. This will be the last workshop of 2016 that Al West and I are doing together.  Either be there or miss out.
  2. This will be the last quiet title workshop that Al West and I are offering to the general public, due to lack of interest.  So, this is your last opportunity to have a powerful think tank at your disposal.  You can get the information on the workshop by clicking on the following links:
  3. QT WORKSHOP_HONOLULU_REGISTRATION FORM  (Please follow the instructions on the form!)
  4. QUIET TITLE WORKSHOP FLYER_HONOLULU  (I would recommend using discount hotel services to book your room and airfare, as our group discounts have expired!)
  5. I have decided to go a different direction involving my consulting work, which means I will be handling more attorney-based cases involving investors and homeowners who have retained counsel that is willing to accept consulting services; otherwise, I will only take cases on that basis.
  6. I am not a lawyer referral service; however, I can assist you in vetting attorneys, once you find them.  This will be done on a conference call basis for a flat fee of $75.00, payable by credit card in advance of the conference call.
  7. You can still purchase The Quiet Title War Manual, Clouded Titles and The Credit Restoration Primer from the Clouded Titles website.
  8. The online COTA Workshop is still in development and probably will not be ready until 2017.  If I become aware of any COTA Workshops being hosted by other entities in the future, I will inquire as to whether the folks who monitor this blog will be allowed to attend, at which point I will post the information accordingly.
  9. Any referrals to other consulting services outside of my immediate concern are the responsibility of those parties wishing to contact and contract with those services.  I no longer am working with outside parties who may or may not have further useful information to help you with your case.
  10. The rates on my COTAs now start at $1295.00 and go up from there.  I have a “full plate” and anticipate having a full plate for the next 3 years.  Despite what the banks, MERS and law enforcement have attempted to do in smearing me all over the media, with the help of a few self-proclaimed “investigators” who run  websites that state I ripped off the U. S. Government, I am still economically intact and am not going anywhere.  The Orlando Sentinel’s Henry Curtis got his story all wrong and was probably paid off by someone to write the article against the Osceola County Clerk in the first place, which makes his brand of journalism shoddy and unreliable at best, about as unreliable as you can get.  Any news outlet that would hire him would be a huge mistake and a disservice to the public at large. The current Osceola County Sheriff STILL isn’t running for re-election and the 9th Circuit State’s Attorney who refused to investigate the Forensic Examination commissioned by the Clerk was defeated in the Democratic primary last August.  The voters have awakened!

That being said … 

  1. I will still continue to post updated information on this site.  Once the online workshops are up, please note they are general in nature and are only there to help you formulate your research in conducting chain of title issues and will not offer legal advice, attorney referrals or any other subject matter information that is not relevant to chain of title.
  2. I will still continue to be the “foe” of MERS, MERSCORP Holdings, Inc. and the banks.  I am sick and tired of them and wish they were all in prison.  Unfortunately, the United States Government is in bed with the banks; yet the average, uninformed consumer still chooses to participate in impulse buying of homes they are NOT entitled to and cannot afford; thus, the same nonsense that plagued us in the 90’s and the millennia will continue to plague us for at least the next decade as the banks continue to water down the Dodd-Frank Act through their lobbyists.
  3. If you wish for Al West and I to come to your city to conduct a Quiet Title Workshop, there are firm parameters you will have to follow. You will have to guarantee 30 paid attendance for the event and the rate will be higher than what we normally charge to do a workshop and you will have to pay our travel to and from the event, plus meeting room and hotel rooms. No exceptions.
  4. I am still working on the FDCPA book.  This book is going to be a powerful think piece, in addition to all of the case citations, strategies and legal attack plans placed within this work, based on previous history of those who have been successful in such actions.  This has become the most formidable attack plan against the servicers and their law firms who lie in court about who they truly represent.  Yes folks, we are knee deep in servicer fraud.  In my estimation, the named plaintiff in a foreclosure suit does not know they’re the named plaintiff!
  5. The federal court systems (as well as the state court systems) are corrupt as hell!   Sure, there are a few judges out there that get it academically, but until you do your research and bring an adequate “game plan” to the table, all of the bad case law will continue to screw things up in the legal system because people may be mad, but they’re still unprepared financially and in all aspects of their education involving legal matters.
  6. Most attorneys have figured out how to scam homeowners for monthly payments and give them nothing in return.  I am still getting email from homeowners who are concerned that they may have picked the wrong attorney to represent them.  I am not an attorney referral service, but I have a few that I work with that I have found to be reliable.  If you have started your litigation pro se however, they may choose not to work with you.
  7. Please do not contact me about TILA and RESPA issues. That is not my focus.  There is narrow case law in these areas and you still aren’t going to get and free house, despite what anyone tells you.  I have been contacted by United States Treasury Agents regarding certain claims made by firms who tell consumers that all they have to do is file a rescission and they get a free house.  Unlike what happened to me 20 years ago, it is not me that is the target here.
  8. I will continue to do county land record audits.  If you know of someone who needs (or has indicated) they want one done, please let me know. If you’re in California, Al West will show the County Recorder how they can get a county land record audit done without the charges coming out of their budgets.
  9. Al West and I are still working on projects together.  Al West and I will be at the U.S. 9th Circuit Court of Appeals hearings on MERSCORP v. Robinson.  Yes, I authored quite a bit of the reply brief and I am very well aware (as MERS is) of the fact that MERS sent a mole in to bug our Las Vegas Quiet Title Workshop. I found out about that from information supplied to me that originated through a federal judge in Maryland. It would appear to indicate to me that the folks at MERSCORP Holdings, Inc. (and the U.S. government) understand that I am “not going away any time soon” … and if I do, it will be by their hand and their doing and not mine!  We are still coordinating efforts regarding certain AWL and ABC mortgage loans. We are also handling IRS Whistleblower cases!
  10. In certain matters, I may also be testifying in court. This still does NOT make me an expert witness. Please do not contact me to testify at your hearing or at trial.  If subpoenaed without my knowledge or consent, consider me a hostile witness ab initio.  I still want my day in front of the grand jury, be it state or federal.  I have a lot to tell them and show them.

Beware of whack jobs that continue to dwell on what happened to me 20 years ago.  As attorney Lynn Szymoniak eloquently put it … “it doesn’t matter what he did 20 years ago, what matters is what he’s doing now!”  If Ms. Szymoniak didn’t believe in what I was doing, she would NOT have shown up to my COTA Workshop to lecture to the class.  Please support The Housing Justice Foundation.

Finally, when I’m done with the FDCPA book, I am going to pick up where I left off and finish the “other book” I have been working on … a book which explains in detail what happened to me 20 years ago, the American legal system, American politics in general, and why Americans are becoming polarized in certain aspects of society.  The U. S. Government will definitely NOT like what is in this “other book” (although it’s not as dicey as “Snowden”).  If you get a chance to see that movie … this man should be exonerated and not indicted.  He just sent a warning shot to all of you out there that think you’re “secure” when you’re anything but.

No, I’m not a doom-and-gloomer.  Like many of you out there who are evaluating your future plans and strategies, that is a wise move in my book. Remember, the U. S. government is paranoid as a whole and government employees believe everything Uncle Sam tells them.  I have found trusts to be quite handy these days.

 

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Filed under Breaking News, Chain of Title Education, Financial Education, Quiet Title Education