Category Archives: Securitization Issues

FORECLOSURE “JUSTICE”? … A DAY OF RECKONING

(BREAKING NEWS, OP-ED) — The author of this post disseminates this dynamic diatribe to appease your appendages appropriately.  None of this is legal advice, only a mix of education and opinions, with some rather unique illustrations of our ever-changing system of things. 

The lack of trust in America’s justice system … 

Anyone who has kept a pulse on the tide of foreclosures that swept through America between 2009 and 2015 can easily understand where the mindset the author is about to describe is coming from.  Sadly, if you’ve ever been to a “rocket docket” in Miami-Dade County, Florida, you know exactly WHY folks have little faith in the justice system.  This author saw an entire courtroom of whining and sobbing homeowners eliminated from their properties, some getting less than a minute for their case to be heard before the gavel hit the judge’s bench.  For centuries, the gavel has represented a proclamation of a ruling and a symbol of authority by one acting in the capacity of a presiding officer.

It’s a sad state of affairs however, when a homeowner is just days away from being tossed out of their home by the sheriff and they’re in court, in front of one of these “presiding officers” without a clue as to how to defend themselves, grumbling and complaining to others about how they didn’t get “justice” because the judge wouldn’t listen.  Watching all of this “go down”, the author surmises that most of these folks were scared shitless because they’ve never been to court, some never got so much as a traffic ticket, yet they all had one thing in common … they had access to the justice system but just didn’t know HOW TO play in it.

Thus, since Americans these days are so quick to blame each other for their country’s problems, so much so they have to take to blows over a fecking parking space …

… and this author can point a finger at the efforts of the American news media (of which he unfortunately is still a member) to confuse the consuming public to carry on this type of behavior.  These two women attacked each other in a Houston Wal-Mart parking lot over who was going to get a parking space, assumedly closer to the entrance of the store.  Because Wal-Mart carries mostly Chinese-made products, the author no longer shops there.  Another reason is because the kind of tempers you see flaring here are more than likely to happen in discount shopping areas where people with little to no money that are simply trying to survive have and continue to lose all control of their emotions with even the slightest provocation.  And this same flow of emotions has sparked all-out riots in several American cities, where buildings have been burned to the ground and officers have been attacked and even killed, all because of the lack of trust in the justice system, which begins with police officers who are attempting to enforce the law.  (… and you were wondering where the author was going with this?)   If you need more of a wake-up call, WATCH THIS!

The author still tears up when he watches this … because it’s real … and it’s based on the perception of unfairness.  This perception has swept across America. This perception has negatively bled into the justice system because Americans are distraught with the idea that “fairness” even exists.  This perception didn’t start with the George Floyds of America either.  It began when people stopped paying attention to learning what the law is and instead simply focusing on their own individual comfort zones.

Oppression comes in many forms … 

These days, when police pull someone over, whether they possess even one racist thought in their brain or not, they’re being stereotyped because of perception that: (1) all cops are bad including the cop who pulled you over; and (2) it’s okay to pop a cop.  That’s an eye for an eye mentality and that’s part of the perception of what “justice” is nowadays.  But the reality is, the cops are just doing their job and enforcing the law.  Albeit, a lot of pre-screening and personality testing needs to go into who gets accepted into police academies to ensure that racist profiling is minimized based on negative stereotypical perceptions that have bled into the mainstream.  However, on the back end of the equation, when you have minorities teaching their kids not to trust cops because they’re all bad, all white cops hate black people and that cops are society’s forms of oppression, you’ve set the stage for national calamity.  This is why cops are now wearing body cameras, to protect you from unfairness and to protect them from unforeseen and unintended consequences that result from negative stereotypical behaviors.  Black people are not the only race to be harassed by cops, yet the perception tends to sway in their favor, regardless of the statistical data that there is ten times more black-on-white crime than white-on-black crime.  Again, this is the stereotypical perception that has caused a major societal upheaval.  None of this will change until people start understanding HOW the justice system works and that people of every race, creed and color have access to their day in court.  It all starts with understanding the laws that govern the behavior of America’s court systems and those who enforce the law.

When protests turn into riots, just the opposite is true.  The herd mentality turns into the mob mentality and that’s where anarchy begins.  Anarchists are diametrically opposed to both socialism and capitalism because anarchy is rooted in mob rule and total lawlessness.  That ideology in of itself, is oppressive because it forces those citizens who are peaceful and God-fearing to have to defend themselves if they want to survive.

The Black Lives Matter movement began in 2013 with the Trayvon Martin killing by George Zimmerman, who was acquitted because a Florida jury was convinced he was defending himself and used justifiable force to stop Martin’s attack on his person.  This is part of the Stand Your Ground law in Florida that many folks just don’t get because it leaves doors open for abuse.  This is why juries have to decide what the intent was of the person committing the assault and the intent of the person defending against the assault.  If the circumstances were indeed as Zimmerman portrayed them, what was he supposed to have done?  Let Martin beat him to death?  Would the black community rail against Martin for killing a white man?  Probably not.  And why is that?  Because the oppressed had the opportunity to become the oppressor and that’s allowed, right?  Martin Luther King, Jr. would be turning over in his grave at that thought.

So, we should all support the idea of breaking into stores and looting them of Gucci handbags and other high-dollar items because frankly, the oppressed have to eat, right?  If anyone gets in our way while we’re stealing merchandise, then it’s okay to beat them to a pulp too, right?  This is the mentality that is on display and the media caters to it through its play-by-play, “if it bleeds, it leads” coverage.  The author here is specifically calling out CNN (his acronym for Communist News Network) for its coverage of the various Blue State riots, where anarchy appears to be tolerated.  The question remains, how long will the average, law-abiding Citizen tolerate this before all hell breaks loose and those with arms start exercising lethal force against their oppressors without regard to the justice system and its consequences?

The “justice” that needs undoing …

Then there’s the perception of the “kangaroo court” system in this country, which many deem acts more like a star chamber inquisition, run by a bunch of control freaks who like to play God, exerting their whims over the common man and his property … a system that local sheriff’s kowtow to at the whim of a judge, potentially increasing the exposure to an already volatile liability scenario albeit misplaced due to the illicit deeds of cops who have been corrupted.  This is where the saying, “If you don’t know your rights, you don’t have any” comes to mind, because without the law and its set of rules and mandates, you cannot expect to survive in today’s courts, especially dealing with foreclosures. It’s bad enough that eviction courts are going to be back in full swing when the government finally declares the COVID-19 crisis (which in of itself is questionable) to be “over”, but the tide of foreclosures is starting to shrink back into the water like what happens when a tsunami is about to hit a shoreline.  Right now, folks allegedly in default are attempting to negotiate something with their lenders to stay put while others have capitulated and moved away.

HOW TO STEAL PEOPLE’S HOMES FOR FUN AND PROFIT!

This was a rather brusque statement was sounded out by Austin, Texas foreclosure defense attorney Bill Gammon in a meeting of attorneys that used to get together once a month to discuss case law and issues resulting from the illicit taking of area residents’ homes. Gawd … that’s the one thing this author especially misses about Austin … attending those meetings and discussing research with these learned men and women who have been fighting in the trenches trying to save homes and have had to run into the typical Texas judge’s mindset about who’s entitled to what … “Why should the homeowner get a free house?”  Mr. Gammon was referring to a meeting he attended “on the down low” where attorneys were discussing their methodologies in network fashion as to how to persuade judges to hand over the houses to their clients through by whatever means possible, including dummy paperwork (assignments), which they knew or should have known was criminal to begin with.

Most of the folks who have made the decision to fight the banks are … well … they have at least increased their odds of staying put to 50/50 instead of nothing, simply by “getting in the game”.  This is not to say that they’re wanting a free house.  They just want “justice”.  They want vindication.  They want a judge to realize (as many judges in the Southern District of New York do, especially on the state level) the illicit behaviors regarding the positioning of securitized mortgage loans and what dummy paperwork had to be created in order to make the “other side’s” foreclosure efforts look plausible to the courts.  There doesn’t seem to be much interest by law enforcement to investigate these misdeeds in 99.9% of the country, which is another reason people don’t trust the justice system.  If this bunch of DA’s only knew that most states have government codes that allow them to raise money to investigate white collar crimes, especially those embedded in California’s Government Code … and weren’t so politically motivated to stay in office, they might actually prosecute a few of these dirty paper cases.  The government codes allow counties to raise recording fees to fund “dirty paper law enforcement”. Sixty percent of those increased fees go to law enforcement’s “white collar crime” divisions, so they could do more than just bust NSF check writers, while the rest goes to the Clerk’s office to pay for the increased surveillance of the “dirty paper” (renegade assignments drafted and recorded by the banks’ servicers, with the intent to make a judge believe they’re in the right), so the court will grant them summary judgment.

One of our guest lecturers that is going to be in the Foreclosure Defense 101 Workshop is a Florida notary who has been fighting his foreclosure in the courts for over 12 years.  He’s going to describe the crap he’s had to confront in the Florida courts, including intimidation by court bailiffs, deputies and judges and the bullshit shenanigans the other side’s attorneys pulled on him, in an effort to educate you as to the potential traps contained within “the snake pit”.   If you can turn yourself into a mongoose, you’ll survive and come out ahead, at least to give yourself enough time to execute on a Plan B if all else fails.

The idea is to buy time …

You may be successful in defeating your adversary if you play your cards right.  Another mindset you may want to consider is your equity position and whether it’s worth fighting for.  This is part of your Plan B.  This is one of the reasons why we decided to put the Foreclosure Defense 101 Workshop into a 4-hour block, instead of two or three days, because there’s a lot to digest in 4 hours (let alone an even longer period) … and we’re going to give you the research to deal with this scenario in the online workshop, which you can attend in the privacy of the home you may be about to lose.  We will have more info posted soon on the Clouded Titles website, so you can sign up online and get your own private invitation to learn the tactics attorneys use to keep their clients in their homes for 2 years or more!

It doesn’t matter what happens on November 3rd.  What matters is how YOU survive and how long YOU want to play in the game while YOU execute on your exit strategy, no matter what that might be. This workshop will give you a lot of “necessary answers” and hopefully, the desired results.  Stay tuned!

 

 

 

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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.

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THE OCC IS NOT YOUR FRIEND!

(BREAKING NEWS – OP-ED) — The author of this post shares this vital information with the intent that it be acted upon by all homeowners immediately!  The information being shared is the “breaking news” and the author’s comments about it reflect the op-ed portion … all for your educational purview and not legal advice! This should raise alarms to all who have a mortgage or deed of trust on their property anywhere in the United States … it is pertinent information that could be “dangerous to your wallet” AND your future! 

TALK ABOUT THE BIG BU-FU ON ALL MORTGAGORS/TRUSTORS!  OMG! 

(WASHINGTON, D.C.) — It’s bureaucratic creep at its finest folks!  The Office of the Comptroller of the Currency is using the COVID-19 and the civil unrest and political infighting to sneak in a proposed rule … wait’ll you see it in detail (HERE): nr-occ-2020-97a 

PLEASE SAVE THE FOREGOING TO YOUR DESKTOP AND READ ITS 20 PAGES CAREFULLY! 

Here’s the synopsis of what it says …

Hat tip to Living Lies Blog for the info!

This is one more reason to avoid entering into MERS-originated mortgages and deeds of trust! 

Using the “true lender” crap that the OCC is trying to promulgate, this is just another way to play “cloak and dagger” with the named “Lender” on any originating loan paperwork (mortgage or deed of trust).  It’s bad enough that when securitization started (after Slick Willie signed off on the Gramm-Leach-Bliley Act) post-1999, the Glass-Steagall Act was repealed, which allowed banks to play around in the secondary securities and mortgage markets … it’s quite another that NOW, the federal agency that oversees the banks is opting to change the meaning of “Lender” to anyone who wants to draft up a bogus assignment (which has been going on now for over two decades) and record it in the land records and take a homeowner to court, legally get away with lying to a judge that it’s the Real McCoy (as to where the money that funded the borrower’s loan came from) and steal more American homes “hook or by crook”.

FORCED RE-FINANCING! 

If this definition becomes the law of the land, it will force borrowers to re-finance their properties to get away from these securitized portfolios.  But it doesn’t stop there.

How do you know that the securitized trust or any “true lender” named in any legal document is the real party in interest with the right to enforce a note that may have been lost or stolen.  Any “true lender” can dig up MERS-originated loans floating around in the MERS System® that haven’t been acted upon and foreclose on them (because no one else is doing it) and get away with it before anyone is the wiser!

One shred of opportunity exists here, especially if you’ve been able to keep making your payments on your home(s) … and the author posits this with caveats (as to what this author would do in the event he were to find himself in your predicament):

  1. Go to a credit union or bank that is NOT a member or subscriber of the MERS System® and refinance the existing mortgage and get it away from and out of the securitization process.
  2. Once the “satisfaction” or “deed of reconveyance” has been recorded in the courthouse, get one office copy and one certified copy and challenge it through a C & E action (cancellation and expungement action); and
  3. Take the certified copy to the nearest law enforcement agency and get a case number to put into the pleadings of the C & E, identifying the fact that a felony has been committed in the land records and you want it investigated and prosecuted.

If a judge has become aware that a criminal complaint has been filed with local law enforcement, how then can he or she act to cancel and expunge the document without granting discovery to determine if a false statement was recorded in the land records, which in turn screwed up your chain of title?

How can a judge aid and abet a felony without themselves being the target of 18 USC 4?

How do you know your identity wasn’t stolen as part of the assignment of your current mortgage loan?

If a “true lender” orders the mortgage loan servicer to “create” (manufacture) an assignment out of thin air and causes it to be recorded in the public record, what method will you use to challenge false and misrepresentative statements contained within that document?

NO MORE GOING INTO COURT AND WAVING THE DAMNED ASSIGNMENT AROUND, CALLING IT A FRAUDULENT DOCUMENT! 

You need proof that the statements contained within the document were false!  Being named within the assignment as the “true lender” doesn’t change the fact that the information may still be false and misrepresentative, which constitutes a felony in damned near all 50 states.  No judge will listen to you unless you have your facts straight and take the emotion out of your argument!   Here’s where you have to either: (a.) put your thinking cap on; or (b.) move out of your home and live in a tent city.

This author is sure most of you reading this blog are of the mindset to fight. See another option below.

This is another reason why Al West further developed the Cancellation and Expungement Action as a means of squaring up with the Lender.  Now imagine having a mortgage loan servicer’s employees have to answer discovery (or even better yet, a deposition) as to what authority that they possessed at the time they executed a release of the lien on the previously-securitized loan, when in fact, they don’t really represent “the true lender”?   If the OCC gets away with this rule change, any lender will come into court, claim they are the “true lender”, with no further proof needed.  The only way you’re possibly going to be able to get a legal conclusion is to attack the phony paperwork recorded in the public record.

The powers-that-be will inevitably come up with some reasoning (probably this fall, 2020) for you to refinance your loan.  Mortgage loan officers will be lining up to make those commissions so if you’re going to do this the right way, why allow them to securitize your paper?

ANOTHER OPTION

OPTION #1: If you do not have the money to do a C & E action, the next concern would be what to do in the alternative:

  1. Call your congressperson and complain about this proposed rule and tell them to squash it like a bug!
  2. Tell your congressperson you know about the true cause and effects of the repeal of the Glass-Steagall Act and tell them you want them to reinstate it!

OPTION #2: If you have any kind of equity in your home, sizable enough to downsize, THIS is the time to do it!

  1. Like the Steve Miller Band song goes, “Take the money and run!”   Get away from the major cities and move to safer, kindler more gentler communities where gun-toting, 2nd Amendment advocates live that believe in the Constitutional freedoms we all know and love … because
  2. In November, an uncertain political climate may overtake America, rife with voter fraud, claims of voter fraud, demands for recounts and more violence (if your guy doesn’t get elected).

We cannot live in uncertainty.  Uncertainty doesn’t pay the bills.  Living high on the hog when you can plainly see that your options may be dwindling would not be frugal.  Using your equity to “get out of the rat race” created by the “oppressed” who will become the “oppressors” is the only way to secure a safe future for you and your family (unless in the alternative, you like firefights).

The real estate market in many communities is demonstrating that it’s a “sellers’ market”.  THIS is the time to cash out on your equity and downsize to more affordable housing.  In the area this author is in, the average listing sells in less than 60 days (if your home is priced right and market conditions dictate you can actually take equity out as a means of re-inventing yourself).

OPTION #3: PLAN B

Do you have one?

Here’s another thought … if you aren’t sick … why go to a COVID-19 testing center and have them stick a foreign antibody from a test kit up your nose?

This is another excuse to drive the scare into the public to blame someone for the virus.  Blame the Chinese Communist Party.  They did a great job in covering up the spread of something they themselves had a hand in creating.  Further, blame the National Institutes of Health and the Obama Administration for giving the Wuhan Lab 3.7-million dollars to “create” a virus out of existing viruses that contain HIV (the key component in AIDS) and malaria.  See the following post:

Nobel Laureate Calls COVID-19 Manmade

Don’t say we didn’t warn you that the “science” of this whole thing was going to come back to bite certain advocates of the vaccine in the ass.

Share this with your friends and tell them to reach out to Congress to STOP this madness by the OCC! 

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TEXAS GOVERNOR UNDER FIRE FOR CLOSING NIGHT CLUBS … AND OTHER STUFF, INCLUDING FORECLOSURE NEWS!

(BREAKING NEWS – OP-ED) — I’m including the latest breaking news, including foreclosure-related cases, for your review and rumination. 

News from the Lone Star State …

And the misinformation and disinformation continues, despite Texas’s Lt. Governor Dan Patrick telling Dr. Anthony “Flip-Flop” Fauci to shove it on FOX News.  See the video interview with Laura Ingraham HERE!   After seeing the number of patents Fauci has and will benefit from, you can certainly see my disdain in giving him a nickname, since he seems to be the “giant zit” on the rectum of all of the fecal disinformation that got everyone at each other’s throats (someone hand me another piece of ass-wipe … I seem to be out … everyone’s beat me to the supplies again).

The Texas Bar and Night Club Alliance filed a class action lawsuit, the second suit filed this week against Texas Governor Greg Abbott, for taking discriminatory actions against night clubs, claiming they’re hot spots for COVID-19.  The suit asks for $10,000,000 in damages and states that Abbott should have given the bars more than 24 hours notice before ordering them shut down, which was not the case this time and the lawsuit maintains that Abbott is abusing his emergency powers “without proper legal notice.”   The bar industry in Texas alone employs over 800,000 workers.  Florida’s clubs have also been shuttered unless they serve food more than 50% of the time.  In both states, salons and spas have been allowed to reopen, where bar owners claim the social distancing rules go right out the window because the salon stylists are touching the hair, scalp and face of the clients, regardless of whether they’re wearing a mask or not.

News from the Pot-Smoking, Open Carry, Gun-Toting State … 

Meanwhile, in Colorado, one restaurant owner defied her state’s lockdown orders, keeping her restaurant (which serves alcohol) open and fully running.  Lauren and Jayson Boebert kept Shooter’s Grill open despite a sheriff’s cease and desist order.  This isn’t an ordinary bar and restaurant either. It’s located in Rifle, Colorado:  CLICK HERE TO GET YOUR MIND BLOWN! 

The significant thing about the owner, Lauren Boebert (a Florida native), is that she just defeated a five-time GOP U.S. Congressman (incumbent) in the 3rd U.S. Congressional Primary in Colorado … CLICK HERE FOR THE VIDEO!  The 33-year-old restauranteur and mother of 4 faces off against Democratic challenger Diane Mitsch Bush in the November general election.  It never ceases to amaze me how the mindset of America is changing more in favor of not only protectionist as to a country, but protectionist as to its people.  Well … if you don’t know your rights, you don’t have any.

Just in case you missed it … 

For those who missed Friday night’s broadcast with Dr. Judy Mikovits on City Spotlight – Special Edition … you can listen to the broadcasts (both of them) under the Show Archives (under the FES Banner) for FREE, on the CloudedTitles.com website! You can’t make for a great argument against Flip-Flop Fauci without knowing the science!

In other related QAnon-type news … 

On yet even another note … this is a 45-minute video you might want to partake in if you have a bit more time: WATCH HERE! (It’s still on YouTube! WOW! … I got this video from one of my old school chums who’s an attorney in California!).  

Meanwhile, have you noticed that Bill Gates has been quiet of late and they just arrested Jeffrey Epstein (who didn’t hang himself)’s sidekick, Ghislane Maxwell?  Are we draining the swamp or what?  1, 2, 3, 4, 5 … senses working overtime!  (thought you might like to take a break from the “heavy” in favor of some happy music)

In foreclosure-related news … you’re going to love this case! 

In this instance, the alleged REMIC trust, which is nothing more than a glorified administrator for a cesspool of defaulted loans (and not really a REMIC), got its butt kicked in the Maine Supreme Judicial Court.  Read the case here: Wilmington Trust NA v Berry, 2020 ME 95 (July 2, 2020)

This is why you have to be sharp forensically, especially when it comes to the Rules of Evidence.

Let’s move up to the federal level, with another FDCPA “published” win for the homeowners! 

In this case, the Consumer Financial Protection Bureau even got involved, submitting an amicus brief in a state whose courts just hate whiny homeowners.  Read the case here: Bender v Elmore & Throop, PC, 4th App Cir No 19-1325 (July 2, 2020)

And this is why we have Courts of Appeals … because U.S. District Court judges always seem to be pro-bank, pro-debt collection agency, pro-whatever as long as they get to play God for 15 minutes. Patience is more than a virtue, especially when it comes to an FDCPA claim.

And when both the lower court and court of appeals seem to play “pin the tail on the donkey” with your rear end, there’s always hope in the Supremes! 

And for yet another whammy involving Rules of Evidence, the hearsay rule and why it’s sometimes necessary to take the matter all the way up to a state Supreme Court, check out this case: Jackson et al v HFC III et al, Sup Ct Fla No SC18-357 (July 2, 2020)

And in my final stab at First Amendment freedoms … see the latest case where a high school went after a cheerleader-reject after she wrote “Fuck Cheer” on a Snapchat post … (hint, hint … the cheerleader won … go team!).  The amazing thing is this case was precedent setting …

B.L., a minor vs. Mahanoy Area School Dist, 3rd App Circuit No 19-1842 (June 30, 2020)_Precedential

But for all the headaches and legal expenses incurred by mommy and daddy, I would think it’s better to control one’s emotions, especially on social media, unless you’ve got a big bank account and a serious axe to grind.

So much for a bit of light reading, eh?

Happy 4th.  Stay safe.

Celebrate your freedom … while you still can!

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AMERICAN FORECLOSURES … DIVIDED WE FALL

(OP-ED) — The author of this post puts forward this information for the purposes of education and enlightenment and not for the purposes of rendering legal advice. 

THE MORATORIUMS ARE GOING AWAY SOON

If you’re a homeowner who has been affected by the coronavirus to the point of losing a paycheck and not being able to make your mortgage payments, you’ve probably been living off your credit cards during this “lockdown”.  The anticipation that you’re going to start hearing from your mortgage loan servicers (if you haven’t already) is growing to the point of panic and anxiety knowing that you’ve been given a reprieve for so long but that point in time is coming to an end and you’re going to have to face the music.

I for one do not believe that the 2-month lockdown warrants the same type of foreclosure activity that took place between 2009-2014 as a result of the 2008 financial crisis, despite the fact that the nation’s economy has suffered a serious upset by the pandemic.  The difference between what happened in March and what happened in 2008 was that the secondary markets were quietly imploding and didn’t hit us until the actual collapse of Bear-Stearns and Lehman Brothers started a tidal wave of Chapter 11 filings in the subprime lending markets.  We saw this one developing and began to prepare (for some, like me, you saw it coming in February and started accumulating whatever cash and supplies you needed), which included but was not limited to, hoarding toilet paper and hand sanitizer.  The fact the pandemic was hidden from most Americans for better than two weeks only shortened our preparation time.

Many Americans ignored the warnings of the viral component’s ability to spread … hence, Spring Break.  This was only one of the catalysts.  Two separate cruise ships on both coasts (San Francisco and Miami) were already affecting dozens of passengers, one of which I knew from a non-profit organization that she and I were both a part of.  She was dead upon arrival into the Port of Miami.  When it’s someone you know, it hits home rather quickly, sometimes too close to home.  But at least we knew the ships (full of sick and dying) were headed straight at us.  We at least had time to prepare and mobilize our resources.  This isn’t something that was intended to cripple our morality.  The virus seemed intentionally let loose to cripple our economy and thus, our modes of survival.

POLITICS ASIDE?  NOT!

This entire crisis has been manipulated by the medical community, including but not limited to, the National Institutes of Health (NIH), the Centers for Disease Control (CDC) and Dr. Anthony Fauci, the President’s adviser.  Be mindful of the fact that Dr. Fauci (who I equate to Dr. Josef Mengele of Nazi fame) has served previous administrations, both Republican and Democrat (before you start raring up your emotions at little old Libertarian me for daring to question what’s really going on here).

Both the Republican and Democrats have taken advantage of this crisis.  Both sides of the aisle debated and passed legislation to benefit their own constituents.  Both sides of the aisle debated and passed legislation to benefit Wall Street.  Both sides of the aisle debated and passed legislation that gave most of us (but not all) some sort of stipend (dole) as a means of attempting to support those who the government considers “law-abiding taxpayers”.  Both sides of the aisle used the pandemic as a means of either gaining political control or upending the other side’s political control.  Don’t you just hate it when that happens?  And over 100,000 people are dead in America just so both sides can point fingers at each other with accusatory tones.  But also remember, Fauci has told this President (as well as past Presidents) what might happen with the pandemic and what protocols should be followed, whether the protocols (or the informational data used to formulate those protocols) was accurate or not.

Both sides of the aisle have not come up with a remedy (other than a moratorium on government-backed GSE foreclosures) to stop the tsunami of foreclosures that we could have faced if the moratoriums were not extended by the State’s governors to include all mortgage loans, which included evictions.  Now we’re faced with our own set of politics … a national network of mortgage loan servicers, collectively using “the system” to play out unfortunate scenarios against afflicted Americans who still haven’t formulated a PLAN B as to how they intend on dealing with the aftermath of this “planned economic strike” against America.  Everyone of course is pointing a finger at the Chinese Communist Party (CCP) and blaming that entity for our troubles when in fact, the troubles were seriously exacerbated by our very own government in the way it doled out the money.  Again, the trickle down effect impressed not one taxpayer to the point that they thought someone did them a serious favor.

In other words, how long did that $1,200 check last each person already financially affected by the loss of employment.  When the moratorium gets lifted, those who are still struggling could become the first casualties of the second foreclosure epidemic.  I don’t consider any of this at all funny.  In fact, it’s disgusting that America has allowed itself to become embroiled in public debate over police brutality vis a vis the media, who hates Trump and wants your country to be turned into a socialistic state. The media has become so left-liberal it’s sickening.  You can’t turn on any channel and get the truth because politics has (and is) playing itself out at every turn of events.

DEFUNDING POLICE DEPARTMENTS?  DOES YOUR PERSONAL SAFETY MATTER?

Both George Floyd and Rayshard Brooks had much in common.  Both were black.  Both were convicted felons.  Both served time in prison.  Both were in the wrong place at the wrong time.  Both allegedly were involved in the commission of a crime (Floyd for passing a counterfeit $20 and Brooks for being intoxicated at the wheel of a running motor vehicle) for which they were placed under arrest.  Both died at the hands of police officers who were white.  Both were exemplified as poster children by the left and the media.  Both gave anarchists impetus to riot and commit destructive acts.

Now that you see the facts, do the cops need sensitivity training or does the public need sensitivity training?  After all, a young, white woman was captured on video burning down the Atlanta Wendy’s restaurant where Brooks was fatally shot during the riots that followed.  While it is relatively easy for white people to all of a sudden think a black person set fire to the restaurant, the video shows otherwise.  The video shows that there are people with no morals living among us that are out to prove a point … that anarchy is acceptable as a means of protest … even if it involves arson, which is a felony.  The other part of the problem, which my wife was quick to point out over coffee this morning, was that folks stood by videoing the act with their cameras so they could post it on social media because everyone is into sensationalism now.  So, does committing a crime for the purposes of sensationalism make it okay?  Why didn’t the people doing the video taping with their cameras stop the woman from burning down the Wendy’s?   Where did our morals go?   And the left want to defund police departments over the acts of bad actors?  I think not.

The U.S. Constitution and the Bill of Rights provide for the general welfare and safety of ALL Americans, not just the Black Lives Matter folks.  The First Amendment to the U.S. Constitution grants ALL of us a certain number of freedoms (self-expression and the right to assemble peaceably).  However, your liberty and freedoms ends where another person’s liberty and freedom begins.  When you violate the Constitution by committing a crime outside of the boundaries of what the Amendments are designed to protect, then the system has measures in place to deal with the offender.  The system did not afford those protections to Floyd and Brooks because of the actions of a few white officers.  Whether they will be granted immunity is anyone’s guess.  According to a friend of mine in Texas (who is a police officer), there are some who you cannot give a gun and a badge to because they’re more dangerous than those they were sworn to protect.

Many police departments are not funded well enough.  As my co-host on City Spotlight – Special Edition (on kdwradio.com), R. J. Malloy stated, “This isn’t Andy of Mayberry.”  There isn’t an issue over the fact Deputy Barney Fife only had one bullet in his gun, other than for his own well-being in not shooting himself in the foot. The issue is what protection Sheriff Andy or Barney Fife could (or would) do in the event the citizens of Mayberry’s personal protections were in jeopardy.  What police departments don’t need is tanks and military style Humvees.  What police departments do need is officers who are equipped with the means to protect and serve those citizens they were hired to protect and serve.  Anything short of that would represent a disservice to their respective communities, sensitivity training or not.

And here I thought the parental saying (from way back when) of, “Two wrongs don’t make a right” still applied to today’s community standards.  When the police can’t respond, or refuse to respond (as what is happening in Atlanta right now), sometimes referred to as the “Blue Flu” (officers calling in sick as a means of protest), then the level of personal protections afforded under the Constitution are eroded.  This gives way to those without moral scruples to commit further acts of violence.  I sometimes believe these people do these heinous things because they have a bone to pick with authority.  I think it would be best that police would be stripped of their qualified immunity from prosecution if they went “past the point of no return” once the person arrested was restrained or incapacitated, armed or not.  In Brooks’ case, the cop was videotaped kicking Brooks after putting two slugs in his back and was quoted as saying, “I got him!”   What’s that’s supposed to mean coming from a white cop with a bald head (skinhead)?

Despite the fact we can all agree that prejudice has no place in a decent, moral society, it still exists and is being driven deeper and deeper into the hearts and minds of those who feel they are being oppressed.  That includes those who feel that they’re being deprived of their Constitutional guarantees to safety and security.  Police officers should be held to a higher standard, especially when it comes to those they swore an oath to protect and serve, despite the color of their skin.  The bigger problem here is that with society melding into multiculturalism, it will soon devolve.  I predict there will be another spate of White Flight as American society continues to devolve.

UPHOLDING RIGHTS INCLUDES THOSE FACING FORECLOSURE

When it comes to foreclosure, we all have to have a game plan.  In 2008, when the financial markets collapsed under the weight of the failing securities debacle, it set the stage for multiple infractions against homeowners.  The biggest divisive scheme was the creation of notes out of thin air (the notes that had been shredded after they were uploaded as originals into the MERS System®).  It is common knowledge, as well as arguendo amongst those in the mortgage world, that the notes, along with their accompanying mortgages and deeds of trust, were shredded because paper proof of a contract was replaced by an electronic system of record keeping.  Many believe the originals were archived, yet there is no finite evidentiary proof of that.  What shows up in courts across the country in foreclosure cases I’ve reviewed are “copies” of original mortgages and deeds of trust that were pulled down off of the MERS System®, as well as the notes that the mortgage loan servicers now claim to be “originals”.

What we are seeing (and I talking about the collective group of investigative analysts looking into this documentation) is copies of notes being manufactured from copies pulled from the MERS System® and doctored up to look like originals.  The banks and their servicers and document manufacturing plants have gotten very good at reproducing notes to look like originals.  This is why certain individuals, knowing their notes might be shredded, filled in the “o’s” with ink on their promissory nOtes. Anyone reproducing a copy of a note trying to make it look like an original would have missed the filling in of the “O” in “nOte” which would be a dead giveaway of document manufacturing.  However, 99.9% of borrowers did NOT do that at the closing table.  The gullible are always the first to fall.  The gullible wanted the keys to the house, no matter what eventual price they would pay later.  The gullible constituted some 97-98% of  those who vacated their homes as soon as they were served with foreclosure documents because they had no Plan B and were never prepared to have to deal with foreclosure.

I was just speaking with an investor this morning who told me that the average homeowner or attorney could keep a foreclosure at bay for at least two years and keep either the homeowner in the home or rental income flowing for two more years.  So how’s that possible?  I discussed that in my video post on the Clouded Titles YouTube Channel.

In the physical realm, you have certain rights to life, liberty and property.  When you enter into a contract with a mortgage lender, you give up some of those rights in exchange for having a lien placed against your property by and through a security instrument, which is either in the form of a mortgage or deed of trust (Security Deed in Georgia; Installment Contract in Montana).  Most people do not realize that the balance of those rights allow you to examine and litigate certain inequities that may exist as the result of the foreclosure; however, most Americans are just too quick to give up and run away, rather than stand and fight. This is what happened after the 2008 financial collapse.  In today’s times however, abandoning your property puts you at higher risk because of the potential of coming into contact with the dreaded “virus” and succumbing to it.  If I told you that you could stay in your home for two more years just by taking a stand against the mortgage loan servicer, wouldn’t you be the least bit interested?

This is why I’m doing an online Foreclosure Defense 101 Workshop at the end of July.  It may be my last “due diligence” effort at attempting to help those afflicted by foreclosure.  I have made numerous attempts in the past to consult with attorneys behind the scenes and at trial, some successfully; however, the number of folks who wish to take what I have to say seriously aren’t listening.  So, you might ask yourself … why is Krieger even bothering to help these people save themselves from financial ruin?

I take the attitude that “might does not necessarily make right” … and just because you’re a well-funded mortgage loan servicer, that does not take away the homeowner’s right to protest against the foreclosure, both in and out of court.  I’m going to use this opportunity to bring attorneys into the mix to discuss Rules of Evidence and Rules of Civil Procedure.  These two areas are where homeowners are easily defeated.  It is in these two areas that homeowners can stay in their homes for 2 years or longer.

Your rights to litigate are not restricted by the contract you signed at the closing table.  You have every right to initiate a suit and defend a suit (depending on which state you live in and depending on which process you’re engaging in … judicial or non-judicial).  By taking simple, inexpensive steps, you can create a Plan B for yourselves by taking the initiative to respond or act.  It is your decision to learn the tactics or not learn the tactics.  My suggestions in this online workshop are based on research, but I’m going to let a couple of legal professionals share some of these strategies with you in the 4-hour block we’re devoting to educating you on foreclosure defense.  We will be recording this session for purchase and playback on the Clouded Titles website; however, the difference between attending the online live event and downloading a recorded event is that you don’t get to ask questions and get answers right away.  You have every opportunity to fight back and the financial risk to you attending this event online is low compared to the information you are given.  I told you in my blog post about the two-year window that attorneys can carve out for you so you can make alternative plans. As part of the webinar, I’m going to share written details with you in PDF format that will help guide you through your educational “learning curve” about how attorneys can drag a foreclosure case on for more than two years!

Again, you are known by the paths you take and the choices you make whether a homeowner or an investor.  Stay tuned for more posts on this.

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