Category Archives: Securitization Issues

LET THE GAMES BEGIN, PART 3

(OP-ED) — This think piece is offered for your perusal and consideration of the things to come when the foreclosure and eviction moratoriums are lifted.  The poster of this blog insists you approach this from a common sense standpoint and do not take the information contained in this post to be the dissemination of legal advice. 

THE BANKS AND BIG CORPORATES WERE BAILED OUT!

And the hits just keep on coming!

Not a day goes by where I’m not researching and trying to tail some article denoting where any or all stimulus packages passed by the U. S. Congress didn’t first go to help out those “too big to fail” FIRST, then, if there was anything left over, “we got the crumbs from the Master’s table.”  Doesn’t that idea just infuriate you just a little bit?

Many of you are struggling financially worse than at any other time in your lives.  The bigger picture here is that with companies like J. C. Penney (an anchor tenant at most major shopping malls) filing for Chapter 11 bankruptcy and Pier 1 Imports announcing closure of all of its stores, post-liquidation, exacerbated by the conditions imposed by a national calamity (the corona-crisis), Darwinism applies to more than just residential foreclosures.  Victoria’s Secret has also filed for Chapter 11 protection as did mall retailer J. Crew.  Upscale shopping conglomerates Nieman Marcus and Sak’s Fifth Avenue are also in talks with creditors trying to head off the inevitable.  Sears and Dress Barn have already bitten the dust.  Macy’s is struggling but at this juncture is reportedly going to close more stores in order to be able to survive.

If you’ve been to a shopping mall lately, you’ll notice the absence of car and pedestrian traffic.  Online shopping stepped in and took over the slump created by the corona-crisis.  This would make me wonder if all of this was by design, to alter the way we think and behave.  I mean seriously, you can’t go into any store without someone at the counter either avoiding you altogether or insisting you put a mask on.  Wearing a face mask is another form of “conditioning” that is going to have negative side effects besides the starvation of oxygen to the brain (hypoxia) over time and extended mask use.  If you’re healthy, I ask you, what germs do you have the potential of spreading?  If you’re not healthy, why are you even leaving your house to go mingle in public places?  As businesses fold up, you’ll be doing all of your shopping online (even grocery shopping).  This is a condition that I’m afraid is going to affect everyone’s futures because now “they” (the merchants of the earth and Big Brother) will be able to specifically track everything you’ve purchased, when you purchased it, how frequently you purchased it and with what mechanism (credit or debit card) you purchased it.  “They” will know all of your spending habits.  Cash will be unnecessary.

THE CASHLESS SOCIETY MAY BE CLOSER THAN YOU THINK!

This is where the average human brain starts fighting back.  It is very difficult to accept the idea that we can live without “cash” (M1 currency).  “They” have been using the corona-crisis to “scare” everyone into the “conditioned habit” of online shopping and home delivery.  Even gasoline purchases by the delivery drivers are either going to be through a company account or credit card!

Simple test … think about all of the purchases you’ve made in the past 90 days.  How many of them were made with M1 (cash and coins)?  How many of these purchases (or payments) did you complete using M2 (checking account check)?   And lastly, how easy was it to pull your debit or credit card (M3) out of your wallet and swipe it, even for groceries?  This should tell you where your brain’s “condition” is either at or is headed in terms of what “they” intend to accomplish in today’s society.

Many folks I know are cleaning out their bank accounts and closing them.  At this juncture, this may prove very unproductive.  Complete disconnect from the mainstream mindset is only afforded to few well-prepared individuals out there in the hinterland and those individuals still have to rely on the use of a medium of exchange (besides barter) in order to survive.  Unless you’re totally off the grid and can trade with someone who will pay the required taxes and insurance on your residence and make your mortgage payments for you (which I don’t see as an option here), “they” are going to insist you comply with the “conditioned” parameters (options) “they” want you to use.  I mean seriously … what if the government suddenly demanded that everyone turn all of the federal reserve notes in because as of a certain point in time, they would be considered “worthless”, of no value even to barter or underground economic gain and replaced it with modes of exchange where only a government-instituted bank account would be required (for each person with a social security number or TIN).

This is where the “chip” eventually comes in.

A “CHIP” IN TIME SAVES NINE!

“I WANT YOU TO TAKE THE CHIP!”

Don’t let the folly of their arrogance (“they”, the system) fool you.  Mass RFID chip implantation is planned for execution during our lifetimes. I posted an article in my last blog where legislation is being proposed in Arkansas regarding the chipping of employees for use in eliminating “time-wasting” inconveniences, like swiping a key card in order to access restricted areas by employees whose companies insist they be chipped. At least a hundred people I know have said, “No way I’m going to let them stick a chip in me!”  Some have said, “I’ll fool the RFID chip and wear a metal glove to block tracking of my whereabouts.”  It is amazing how our retaliatory brains are thinking about ways to defeat things that aren’t in our present day yet.  If you research these RFID chip manufacturing plants around the U.S. alone, you’ll be quite shocked as to how far their “progress” has actually manifested itself in the present day.  This will more than likely push your brain into overdrive as “panic” behaviors attempt to push your internal brainwaves into a state of total denial.

“It can’t happen here.” (your conscious mind wants to believe) …  Well … yes, it can.  And it is.

Nearly a fourth of U.S. States are doing something to enforce regulation on the implantation of RFID Chips!

And those who “drank the Kool-Aid” will be the first to line up to get chipped, for a variety of not-so-complex reasons (like “I love Big Brother” and “I want the government to take care of me”).  When MAD® Magazine came out with the phrase, “What, Me Worry!” there was a reason for that.  Start reasoning the differences between the use of a chip and electronic ink because that’s the alternative if you refuse to be chipped.  You can run but you can’t hide.  Doesn’t this just scare you privacy advocates just a little bit?  You can stop this with your votes.  You can stop the madness by calling your state and federal congresspeople and insisting they pass legislation similar to Arkansas or even more stringent, to keep chipping from even becoming an “option”.

I love it when people say “I’ve got nothing to hide!”  It’s like the same people who wear masks while driving.  Outta the gene pool with you!  Reflect back when the CDC didn’t want people wearing masks unless they were sick.  One rationale was that it would be easier to identify those that were sick because they wore a mask.  Then, the CDC did an about face and started ordering everyone to wear a mask, because the hierarchy then reasoned that the principal of wearing a mask was to protect others from your germs.  Once a mask gets “moisturized” (fluids bleed through) however, the vapor is pushed out into the air as you exhale.  So, what good does it do to get to “herd immunity” if everyone’s wearing a mask … especially while driving (Gawd! What a dumbass!)  Have you seen people wearing masks while driving?  Do me a favor, honk at them and flip them off for me!  This is Darwinism at its finest folks … and these retards will be the first ones to take the chip … and the vaccine … all in the name of helping out Fauci, the CDC (who has a patent on coronavirus) and Big Pharma!

UPDATE AS OF MAY 23, 2020 … My co-host on City Spotlight – Special Edition (WKDW-FM, 97,5, North Port, FL) has made me aware of at least 2 accidents where drivers wearing masks while driving passed out, causing accidents as a result of oxygen deprivation.  Again … what dumbasses!  They’ll all die trying to get at the Kool-Aid just because the government tells them to do something because they can’t think for themselves!  I’m not sure who is more stupid … the drivers wearing the masks or the government officials telling them they have to wear a mask in the first place! 

BIOLOGICAL WARFARE AND FINGER POINTING … 

As I’ve identified it through my research (you do your own if you have any doubts), the National Institutes of Health (directed by Dr. Anthony Fauci); the Centers for Disease Control (who has a patent on coronaviruses, which the U.S. Supreme Court says you can’t do); and the Wuhan Institute of Virology … ALL had control over the virus (COVID-19) before, during and after the entire pandemic was announced.

I was in the military during the Vietnam War.  I took an oath, based on my swearing to defend the Constitution of the United States, to protect my country from all enemies, both foreign and domestic.  I don’t know about you, but if you’re going to point fingers, look at this pandemic as “political” in nature because it does indeed involve a biologic weapon.  It’s an undeniable fact that COVID-19 spread all over the world.  The virus has succeeded in eliminating portions of the populations in over 119 countries worldwide.  The World Health Organization waited two weeks after it found out about the release of the virus before it did anything; thus, making WHO a co-conspirator in the entire scenario.  Then you have CDC officials saying we need to “get rid of the whites” because they refuse to take the vaccine.  In other words, because certain individuals have the capability of recognizing a threat when it’s staring them in the face … and know that they have the right to say HELL NO to a vaccine, we must find some other way to exterminate them.  You know who all the players are.  These are the individuals and groups responsible for this virus’s creation and whether the release was accidental or deliberate, it’s still biological warfare … and these are the people with their fingers on the triggers.

This is nothing more than a power grab to take complete control of our minds, our behaviors … the way we think, feel and act … and our society, whether it’s Agenda 21, NWO, whatever.  It’s politics … and you can thank Washington for that.  BOTH political parties are also indirectly responsible; however, most folks are still trying to ascertain who knew what and when they knew it, so it’s hard to blame anyone in Congress … yet … but trust me, there will be blame to go around at election time, which is what the politicians are counting on … especially those who want to instill socialism in this country.

HOW WE STOP THE FOREGOING MADNESS: PUBLIC BANKING

This is an option being promulgated by the Public Banking Institute.  If you look at the successes being enjoyed by the Bank of North Dakota, you’ll realize the difference that having a public bank can make, especially when it’s being run under very strict fiscal policies by the state government itself.

There have been many who have expressed concerns about having large chunks of money (M1 or M2) deposited in the megabucks, who might be tempted to take it all away from you in the name of self-preservation during this pandemic or in future pandemics to come.  I only personally recommend leaving enough in to pay your monthly bills and to keep whatever large reserves you might have in a safer place.

I’ve also gotten into discussions with financial advisers over WHERE to put reserves and they’re telling me that airline stocks (or any stock that has a chance of being bailed out by the government) are probably safer bets on where to hedge cash.  Just not in hedge funds.  These accounts are already over-extended and rehypothecated and thus, are at higher risk of collapse.  Please read the following posts for more information:

Another Bank Bailout Under Cover of a Virus – CounterPunch.org

Crushing the States, Saving the Banks: The Fed’s Generous New Rules | WEB OF DEBT BLOG

Now imagine having a government-instituted bank account that is connected to your RFID chip.  Anytime you make a purchase, you swipe your hand over the scanner and voila! … the amount you just spent is deducted from your account as a debit entry and placed into some business’s account as a credit entry.

Now imagine combining a nano-chip with a numbered vaccine, so you can be tracked anywhere you go (if you survive the vaccine).  Part of this “plan” is population control over those that the “agenda” wasn’t able to exterminate.

Public banking would not tolerate this, which is one of the reasons I brought it up.  If you’re not aware of public banking, you need to familiarize yourself with it, because some of it is rather socialistic in nature, but offers more stability in the long run.  Bank runs will be negligent if public banking is instituted.

THE NEXT MASSIVE LAND GRAB …

I conclude this post with fair warning.  Most of you are probably already aware that the clock is ticking closer to the state and federally-imposed moratoriums coming to an end, wherein the banks can capitalize on the REO markets and wager the home repos in a whole new line of securitization and continue to gamble with investor funds rehypothecating what has been sold back to the secondary markets as “used fish” chopped up into another CDO.  So now we have fish stew (referring to the Chef Anthony Bourdain clip in the movie The Big Short).

When the moratoriums are lifted, the following happens: BAM!

Now you can blame Congress … because we can all see what’s coming … was under their control in the first place!

Don’t say we didn’t tell you … 2008 is going to happen.  Start making PLAN B!

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Filed under OP-ED, Securitization Issues

AMERICA BRACES FOR MASS FORECLOSURES AS ECONOMY RE-OPENS!

(UPDATE: SEE ADDENDUM TO THIS POST AT THE BOTTOM!)

(BREAKING NEWS — OP-ED) — The author of this post has spent the last 12 years researching securitization, foreclosure issues and other consumer-related, debt collection topics.  The opinions offered here are the authors and should not be construed as legal advice. 

FOR MANY BORROWERS, THE SHIT WILL HIT THE FAN! 

As expected, I’m getting backchannel feeds on the serious uptick in foreclosures, especially in the GSE-related foreclosure arena.  So here’s the immediate concerns, based on my current research:

  1. The government (through Congress) issued a moratorium on foreclosures due to the corona-crisis.  You can anticipate that it’s the calm before the storm because when the moratorium is lifted, the mortgage loan servicers for Fannie Mae, Freddie Mac, Ginnie Mae and conventional lenders have already made plans to ramp up on those lulled into a false sense of security. Congress will not interfere with the “pulse of the economic backlash” when it comes to the government’s own interests, FHFA or not.
  2. The mortgage loan servicers have been paying advances to the GSE’s REMICs (Real Estate Mortgage Investment Conduits) since Congress imposed the moratorium. Under their contracts, the servicers and/or subservicers  are required to pay investors the principal and interest on every loan alleged to be in “default” under the terms of the mortgages and deeds of trust these mortgage loan servicers are collecting payments from borrowers on that are allegedly contained within the REMICs.
  3. The longer an extended moratorium lasts, the more “in the soup” the servicers become because their surplus funds accounts they use to pay the advances with are being further depleted and they would logically be forced to “borrow” from everyone’s escrow accounts (“rob Peter to pay Paul”) to make good on their contracts, knowing full well that when (not IF) the moratorium is lifted, they will force the shit to hit the fan in order to foreclose, sell and reimburse themselves for all their losses.
  4. Those who have been able to make their mortgage payments every month despite the moratorium might want to check their escrow accounts to make sure they are solid and accurate and haven’t been “borrowed from” (the “robbing Peter” side of the equation). The servicers will emphatically deny they’ve raped every account they could grab money from; however, if notations aren’t made of the alleged “robbery”, how would the servicer actually know WHICH ACCOUNT they borrowed from, meaning the innocent borrowers who’ve made their payments every month will see a shortfall in their escrows, which could inadvertently put their accounts in default, which in turn could force borrowers to have to make up the shortfalls (through no fault of their own) to make up the difference to bring their accounts current.  This may be one of the reasons that Ocwen Loan Servicing and its parent issued $600-billion in securities to shore up their “advance” payments.
  5. Because the moratorium is set for 60 days out, whatever delinquencies occurred during that time will be calendared for default on that magic date I’ve talked about before … DAY 91!  Expect a rash of threatening letters from the mortgage loan servicers to borrowers in trouble as they push their collection activities forward another 30 days past the moratorium to hit that magic date!

DAY 91 FACTORS INTO THE ACCOUNTING, MORATORIUM OR NOT! 

It matters not whether you were given a “grace period” with this moratorium, the mortgage loan servicers are in business to make money by foreclosing on properties they can’t resolve; thus, if you don’t have a windfall to bring your loan delinquencies current, it will trigger DAY 91.

Prior to “DAY 91”, you may see the following actions taken by the mortgage loan servicers:

  1. DSNews is already reporting intended aggressive pricing on foreclosed properties to sell to third-party investors as quickly as possible.
  2. Anticipate MERS-related documents, particularly REMIC transfers and indirect transfers to the servicers themselves, as a means of justifying the upcoming foreclosures, which means those assignments are going to hit the land records just prior to the start of the actual foreclosure process.
  3. The faster the servicer can sell the property to the third-party investor, the faster it can convert title to the GSE “after the fact” and “lose” that REO inventory to the new buyer (with transfer of title) before the homeowner even knows what hit them. The GSE will then do a direct title transfer (through the mortgage loan servicer) directly to the third-party investor who will assume all risk of acquisition of a property stained by title issues.

THE GSE’S HAVE REMICS TOO!

One thing most people don’t realize (and this can be verified) is that the government sponsored entities set up REMIC trusts to obtain investor money they use to back the loans they guarantee.  If you’ll go to irs.gov and type in Publication 938 for 2009 forward in the search engine, you’ll see the listings (by quarter) LOADED with GSE-backed REMICs!  Depending on what year you took out your loan is the year you’d search for on that website, plus subsequent years in case your loan was traded into another related REMIC until trading stopped within the MERS System®.  The securitization process is a virtual “shell game” until the foreclosure starts and the roulette wheel stops on the particular REMIC the servicer is paying.  The servicer will then move toward the final DAY 91 objective … to cash in on the credit default swap, default insurance, PMI, LMPI or whatever other cash cow it can get its hands on to reimburse itself for all of the advance payments it made during the absent of the borrower’s payments.

In the meantime, Fannie Mae and Freddie Mac are now going to buy home loans going into the government’s forebearance program just after they close, something neither had done before, in order to provide liquidity to the mortgage markets so originators can keep lending.

So as not to keep regurgitating a point, I put a news story in the top link so you can see where the forbearance programs are headed.  The CNBC article (above) affirms everything I’ve been saying … as noted in the following paragraph:

“The four-month servicer advance obligation limit for loans in forbearance provides stability and clarity to the $5 trillion Enterprise-backed housing finance market,” said FHFA Director Mark Calabria. “Mortgage servicers can now plan for exactly how long they will need to advance principal and interest payments on loans for which borrowers have not made their monthly payment.”

So you see, the servicers took a gamble on the advances and went into the hole doing it … and the government is in bed with this.

Some friend the government is, huh?  They claim to give you relief yet who’s really getting relief?  The banks and their minions.  The Fed claims to have loaded $2.3-trillion into the economy, yet where did that money go?   Not into our pockets I can assure you.

Know this … no matter what administration is running the United States, the end result is the same … protect the government at all costs … screw the dumb-ass taxpayer who doesn’t know any better (the way “they” think).  These Congresspeople think they know more than you do. Could they be right?  After all, who’s the smarter … the ones who got elected or those who elected them?  Based on what promises?  The existing Congress, a majority of whom have been serving for decades, have done their best to protect their power bases while kicking the can down the road … in the name of politics.

And we collectively let them do it.  We have collectively fallen for their bipartisan, two-party, political crap.

Congress made a deal with the banks … to protect the banks … it’s in 12 United States Code … Banks and Banking.  Congress has repeatedly let the banks screw us.  And we collectively keep letting them do it.  When is the merry-go-round of craziness going to stop?  When we have a civil war?  Or maybe a revolution?  At the polls?  Or in the streets?

And we should not worry about the mortgage loan servicer’s accounting practices, right?

IF YOU’RE NOT IN DEFAULT, HOW IS IT THEY’RE TRYING TO FORECLOSE ON YOU?

All the while the moratoriums have been in place, the servicers were stuck paying the advances on the mortgage loans, whether borrowers paid their monthly payments or not. Now the piper is coming to collect. If you didn’t (or couldn’t) work out a forbearance proposal or loan modification during the time you were a shut-in, the foreclosure process (unknown to you) was probably on the back burner and now things just got fired up again.

Those in non-judicial states will be suffering more dramatically as they try to figure out how to cope with aggressive mortgage loan servicer activities in stopping courthouse step foreclosures by publication and sale.  These borrowers are in a definite time crunch as they don’t have the luxury of court hearings unless they create them through the filing of a lawsuit. That means money spent out of pocket in order to stay in the current “survival mode” we’re already experiencing as the economy starts to bounce back from quarantines and lockdowns.

Those borrowers residing in judicial states will ultimately “have their day in court”.  It will be a 90-120 day average by the time the case gets to trial.  Keep in mind that most courts will be closed until at least mid-July 2020, so the uptick in foreclosures will probably start after the 2nd quarter ends (in 2020).

But if the advance payments were being made … how is it you’re in default and the investors have been harmed?

That’s something the banks and their servicers say is not up to you to decide … as you don’t have a contract with the investors!

You have a contract with the originating lender, which in a securitized mortgage … is a corresponding lender!

And logically, you’re going to be searching the land records trying to find that pesky assignment, right?

But wait!  The servicer’s attorney’s are going to argue that you’re not a third-party beneficiary; thus, you don’t have a right to bring a claim against the assignment.  How is that relevant?  Your name is on the assignment, right?  The originating mortgage or deed of trust is referenced on the assignment, right?  Who said anything about being a third-party beneficiary?  You see … this is how the bank’s attorneys get the courts to agree with them, because your loan was securitized and you and the investor have no “nexus” or commercial connection to each other.

POTENTIAL SOLUTION … ATTACKING THE DOCUMENT ON DIFFERENT GROUNDS!

We are starting to see results in the use of the C & E (Cancellation & Expungement) Action as a viable way to throw a “monkey wrench” into the grind of the foreclosure machine.  The questions about this process vary but the crux is the same … what is it and how does it work?

In a brief step-by-step process …

  1. The borrower goes to the public record and obtains an office copy and one certified copy of the assignment(s) in question.  These are the suspect assignments, which may contain up to a dozen or so false statements and/or misrepresentations.
  2. The borrower then researches and procures evidence showing the statements contained within the assignment(s) are false and/or misrepresentative. You can bet that no right-minded cop or detective is going to investigate anything without being fully “briefed” on the subject matter showing why you believe the public record to be false and misrepresentative, constituting a felony recording under most state statutes.  Developing harder-to-find evidence may require the services of a private investigator.
  3. The borrower (still on title, generally) goes to the local police department and files a criminal complaint on the assignment(s). The complaint filing is designed to generate a police department case number.  The borrower can be expected to spend time with a detective or officer explaining the nature of the complaint, which is most likely going to be hand written on their complaint form. You can do this before or after you file (or respond to) a foreclosure action.  I generally prefer to do it BEFORE I file the action, that way, I can include the criminal complaint in my civil action for damages.
  4. I file a declaratory relief action against those responsible for the assignment(s). I would suggest following the criminal statute religiously and if applicable, couple it with the consumer protection act statute individually for the State (of the Union) I’m in, in a claim for damages.  I do NOT sue for wrongful foreclosure because the foreclosure hasn’t occurred yet.
  5. Make sure the other side’s lawyers get the criminal complaint included with the exhibits.  This not only lets the court know a crime may be connected with the foreclosure filing, but that the attorney for the servicer may be held as an accessory if they keep trying to insist the document is legal. No right-minded attorney, bank lawyer or not, isn’t going to risk being disbarred for going up against a criminal complaint.  If anything, it will certainly “shake them up”, possibly forcing a settlement.
  6. Make sure all parties (the party who prepared the document, the party who executed the document and the party who notarized the document) are served.  I find suing the servicer themselves is a moot issue if the foreclosure hasn’t occurred yet.  If the servicer sues and you find the assignment in question was prepared or ordered by the servicer or its law firm, then the law firm, if it prepared the assignment(s) are also named defendants because they knew or should have known that the information was false and/0r misrepresentative.  Include the law firm and the lawyer who prepared the document in the criminal complaint.
  7. If at all possible, keep the civil action and the criminal action going simultaneously.  Do not drop the civil complaint if the DA decides to prosecute the document and those responsible for creating it and recording it, in violation of the penal code.  By dropping the civil complaint, you’re sending a signal to the DA that you’re not serious about pursuing damages.  Two-pronged attacks are better than one.
  8. Prepare your deposition list.  You’d be surprised once you start moving for depositions of the parties involved they don’t come at you with a settlement, rather than risk a criminal complaint against them moving forward, thus reinforcing the civil action in the judge’s mind as being even more legitimate.  Do not hold back on the other side’s lawyer if the law firm prepared the document(s) that are suspect.
  9. Follow the court docket religiously.  That means twice a day for the entire duration of the lawsuit. Once in the morning and once in the late afternoon, before the court closes.  The other side will wait until the last minute to file stuff to screw with you, especially on Friday afternoon, when they can buy time over the weekend to screw with your calendar (your time off relaxing) and your ability to respond to their motion or brief.
  10. Be prepared for oral argument.  You never know when you’re going to get called into a hearing to determine the validity of your lawsuit. The judge may also query law enforcement to see what they’re doing about your criminal complaint.  In one instance we’re aware of, the local police department forwarded the complaints to the DA … AND the State Attorney General’s office for follow-up!  Also, make sure you have expert witnesses lined up that can validate both your criminal and civil complaint information.

I know we haven’t taught HOW to set up the criminal complaints in our regular C & E classes; however, this new injection of the police report does add a certain flavor of suspicion in our civil claim, don’t you think?  Imagine the consequences:

  1. The attorney handling the foreclosure matter attempts to interfere with the criminal investigation of the matter and ends up making the matter worse, potentially putting himself in a position of obstruction of justice.  The attorney for the bank cannot attempt to persuade authorities from looking into your complaint without lending suspicion of them being involved.
  2. The law firm or the attorney preparing the document ends up being indicted by a grand jury as part of the grander scheme of things.
  3. The judge handling the civil matter is found to be “side dealing” and interfering with the criminal case in order to further the civil case along to help the bank out, either through direct interference in the criminal investigation or by pushing the civil case forward in favor or the bank knowing a criminal prosecution is likely, which would make him an accessory to a felony … enough to remove him from the bench and potentially put him in prison!

There is also a potential chance that the criminal investigation will go nowhere because the investigators: (a.) weren’t provided with enough evidence or information by you to establish probable cause; or (b.) didn’t understand the nature of the complaint because of the way it was presented.

I have 18 sets of the C & E class (8 DVD-video set and the book, The C & E on Steroids!) available online on the Clouded Titles website.  Once these are gone, they will take time to re-order, more time than you might have. I don’t have to tell you that following this moratorium’s end, those in trouble … their days are numbered.

Remember, when you get the kit, I give you an hour of consulting on your specific case, which may include a call to a criminal attorney who can give me ideas as to how to posture your criminal complaint based on what evidence you have! 

UPDATE ADDENDUM:  As I mentioned on City Spotlight – Special Edition on WKDW-FM, which will repeat this coming Monday, May 4th at 2:00 pm. Eastern Time, CLICK HERE TO LISTEN, attorneys now have a duty to inquire whether the client is using their case to commit fraud or some other crime upon the defendant in a suit.  The American Bar Association’s Standing Committee on Professional Responsibility has issued Formal Opinion 491, to clarify this requirement in the wake of increased reporting of individuals using legal services for money laundering and terrorist financing.  But it goes beyond that definition, especially if the attorney(s) or their law firm participated in the drafting of the bogus assignment and then had it sent back to them once it was executed and recorded.  This is a way to: (a.) name the law firm in the suit; (b.) name the attorney in the suit; and (c.) force the attorney to inquire as to whether he knew before submitting the document to be executed that it contained misrepresentative statements, which could warrant criminal legal action against him and/or his firm.  This is where things get dicey for the other side because depositions and discovery can now target counsel who participated in any way in the drafting, execution and recording of a document that could be construed to be a third-degree felony in many states!

Here’s the formal opinion: aba-formal-opinion-491

 

 

 

 

 

 

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Filed under BREAKING NEWS, OP-ED, Securitization Issues

MERS RULES IN THE FIRST U.S. CIRCUIT COURT OF APPEALS; SCREWS 2 HOMEOWNERS

(BREAKING NEWS – OP-ED) — The attached cases were argued by the same attorney for the homeowners. Different attorneys for the foreclosure mill, pro-bank law firm of K&L Gates argued for the banks.  This is provided for your educational purposes only and to warn you of the dangers of litigating anywhere within the First U.S. Circuit Court of Appeal’s jurisdiction. My opinions of MERS and what it stands for are my own and do not constitute legal advice.  After all, MERS would like to put a bullet in my head. 

Believe it or not, the U.S. Circuit Courts of Appeal are still in operation despite the corona-crisis.  Last Friday, the appellate panel screwed two homeowners in REMIC foreclosure cases.  Worse yet, one case relied on the outcome of the other case to make the ruling finite. When you have to go into this particular federal appellate court, remember who has set more favorable case law here: Mortgage Electronic Registration Systems, Inc. (“MERS”: now owned by the same bunch that owns the New York Stock Exchange).

Here’s the first case, that the appellate panel used to set the standard for the second case:

Dyer v Wells Fargo Bank NA, 1st App Cir No 15-2421 (Apr 17. 2020)

From the outset of this ruling, it looks as if “Dreamhouse” didn’t do the Plaintiff any favors by including MERS as a nominee within her mortgage.  After all, Dreamhouse appears to have been a corresponding lender who got its money for this loan from an investor pool.

Remember, you’re in the first circuit here.  MERS rules!  MERS gets to do anything it wants.  Assign mortgages.  Publish confirmatory assignments.  I’m so convinced that MERS (through K&L Gates’ attorneys) gets to control the entire narrative in court arguments I could just spit fire.  Even though the mortgage document doesn’t specifically say that MERS can “assign” anything, MERS got out in front of the mortgage foreclosure crisis and pre-established the narrative, so it could come in in subsequent cases and argue that narrative and win every time.

All the same arguments we’ve heard before (specifically in Culhane v Aurora Loan Svcs_021513-1) that MERS can do anything it wants to. However, the narrative is controlled by what MERS can do or not do.  No one is pointing to the actual parties acting in MERS’s name. What this appears to be is just another redux of Culhane.  MERS’s attorneys can argue that MERS is both a nominee (agent) for the Lender and has all of the power of the Lender, especially in THIS Circuit … and get away with it.  This is why I don’t like federal court for litigating foreclosure cases. This is why banks love federal court to argue foreclosure cases … because they win 99.9% of the time!

Old arguments aren’t working anymore.  We need new ammunition, given the fact the second case ruling was predicated on the first one:

Hayden v HSBC Bank USA NA, 1st App Cir N0 16-2274 (Apr 17, 2020)

SAME ‘OL … SAME ‘OL … 

By now, if you’re reading your own MERS-originated mortgages, you can plainly see how you’ve F**KED yourself!  You gave MERS the “official” and “contractual” right to F**K you.  They can foreclose and sell your home.  They can rape your bank account in the name of preset case law they set in their favor.  They can release and cancel anything.  They can do anything your lender does … and can even come into court and act as your lender. Let me put it bluntly here … MERS is a disguise worn by the servicer.  It’s the servicer that’s actually doing the sodomizing here.

In this case, the Haydens filed multiple bankruptcy cases over time, delaying their foreclosure (and screwing up their credit) until 2026.

Again … as you can see on Page 3 of this ruling … MERS can do anything it wants … including telling the First Circuit to “get on its knees and bark like a dog”!  Again … old argument from the banks … borrowers do not have standing to challenge a mortgage assignment based on a PSA violation!  Again … the banks and MERS are controlling the narrative.  Old hat.  Doesn’t work.  Still being plied upon the courts and borrowers are paying for an attorney to argue the same old hat stuff … and losing.  Statute of limitations arguments … still old hat.  Not working anymore.  Hasn’t worked since 2o15 yet is still being argued.  Borrowers are still paying attorneys to argue the same things that don’t work.  The First Circuit isn’t buying any of it. It’s not having much better luck in any of the other circuits that have had the same ‘ol, same ‘ol garbage pleadings tossed at them.

Oh … and the PSA … that’s the banks’ narrative.  My narrative is the entire 424(b)(5) Prospectus.  It’s used as evidence in the C&E to establish fact.  You have to pick your battles carefully.  Each battle costs money.  After this corona-crisis is over … foreclosures will cost money. Money that hasn’t been there because half of the economy was shut down versus going in and letting “herd immunity” prevail.

YOU’RE DAMNED IF YOU DO AND DAMNED IF YOU DON’T! 

President Trump can’t do anything without being criticized for it.  He shuts down the economy and the public for its own protection and everyone on “the other side” bitches because he either didn’t do it soon enough or it wasn’t the right move in the first place.  You can’t win with these people.  We know the virus started in Wuhan, China.  But as soon as the President references it as the Chinese virus … now he’s a racist.  His opponents don’t know when to quit.  Sometimes, keeping your political trap shut can work in your favor.  They’re making a mockery of everything the President does, yet most of them have had several decades of serving in Washington to “get things done”, but we’re no better off with them than without them.  This is politics folks. If you don’t like the way things are, change them.  But remember …

The President is the head of the Executive Branch, the branch that enforces the laws.  The President is tasked with running the country … not the person that makes the laws in the first place!  He’s a CEO, not a politician, which is why his opponents hate him so much. He won’t play in their “sandbox”.  Boo frickety hoo!

Congress makes the laws (in the form of bills).  When Congress introduces a “bill” … that “bill” costs money to make it work. Taxpayer money. Someone has to pay for it and it sure ain’t Congress!  This latest stimulus package again demonstrates how much pork Congress got away with spending … and the economy that has been doing so well (that all these lame-brained politicians are trying to take credit for) is now stagnating.

The Courts decide whether the laws are constitutional, are properly enforced and/or whether Congress overstepped its bounds when it enacted a law.  Today’s courts like to issue very narrow rulings, which is why you have cases like these being decided against homeowners.

This is our system of checks and balances folks.  It’s what the will of the people created. Deal with it!

And what the hell does this have to do with foreclosures?

This is why the Dyer ruling was 12 pages and the Hayden ruling only 5 pages.  Because the Dyer ruling says enough to where it doesn’t have to be repeated ad infinitum, ad nauseam in the Hayden ruling.  It has everything to do with the atrocities that banks are allowed to get away with, using MERS as a disguise for the real truth.

Everything in these two cases affects every ruling that comes out of the U.S. First Circuit Court of Appeals.  Other federal circuits may choose not to rely on these two cases … or Culhane for that matter.  But it clearly shows circuit split when it comes to how the courts treat MERS and what they will let MERS get away with.  If you don’t know what to plead … how can you expect to win your foreclosure case?

THE CANCELLATION & EXPUNGEMENT ACTION (The “C & E”) …

Because we’re seeing results with using the C & E, it goes without saying that I’d talk about it again.  Neither of these two cases discussed anything within the contents of the document that made sense other than the date and time of the event and the claims the assignments made violated the PSA.  That moves the argument into the bank’s narrative.   To argue the bank’s narrative is to liken that strategy with the comment Robert Stack made in the comedy movie Airplane: “That’s just what they’d be expecting us to do!”

The C & E does just the opposite as it moves the narrative in a different direction … one “they won’t be expecting”:

  1. Virtually all 50 states have common law rights to cancel written instruments. That includes bogus assignments!
  2. Virtually all 50 states have penal codes that prohibit the recording of false utterances in the public record!
  3. Virtually all 50 states have a consumer protection act that can be tied to the recording of the false utterance!

The C & E is postured within a declaratory relief action that can be utilized while the banks aren’t foreclosing … hint, hint:

  1. The declaratory relief action is discretionary in federal courts, which is why we like to use it in state courts!
  2. The declaratory relief action can be accompanied by a notice of lis pendens, which can be effective in stopping title closings in foreclosure cases!
  3. The declaratory relief action in many state courts can ask for a ruling on a document to be applied to the entire chain of title as a precursor to filing a quiet title action.

The C & E costs less money to effectuate than most foreclosure defense actions yet still is able to achieve a timed delay:

  1. Investors use C & E’s to buy time.  Time is of the essence no matter what battle you pick. This can buy more time if used correctly in both deed of trust and mortgage states!
  2. We are now seeing that filing corresponding criminal complaints with local law enforcement is “shaking things up” in the civil realm when it comes to litigating false utterances!
  3. Many times, the criminal intent contained within the false utterance can be used to put a court on notice that someone is trying to “protect the sanctity and decorum of the court” by keeping the judge from becoming an accessory to the criminal acts committed by the servicers’ employees, acting in the name of MERS!

You still have time to factor in a positive outcome.  There is still time to get your 2-day training session (with materials) on DVD (8 discs) and train yourself and your attorney to fight the good fight because the foreclosure moratorium is still in play here for most of you. Visit the Clouded Titles website for more information.  Supplies are limited so order yours now!

As a special added bonus … your order includes a 30-minute consultation session with the author! 

 

 

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WHEN THE NEXT “CRASH” HAPPENS …

(BREAKING NEWS – OP-ED) — The author of this post is republishing a video done by Greg Hunter with Ellen Brown (an attorney and an advocate for public banking) who I have been on the air with.

Take away from this video as you wish, but one of my readers who alerted me to it got the chills when she saw it because Brown’s comments align with several other sources who are confirming the same thing.  Watch the video (22:21) and do the math:

ELLEN BROWN

MY THOUGHT PROCESS … IT’S NOT “DOOM AND GLOOM” … YET!

There is no doubt that this current “crisis” we’re in has us all in a state of confusion as to what to expect for a final outcome.  This is why I spend a lot of time doing research and talking to people about likely scenarios in the event of a cyclical crash. The last major one was in 2008 and between 2009 and the beginning of 2015, there was a huge collateral grab of over 10-million homes in America.

Everything that has happened since 1999 (when the Glass-Steagall Act was repealed) has led up to this mess (where we are now).  Even if we recovered from the 2008 debacle, there is more to come because all of Congress (the folks you put your faith in that keep making promises that your future will be better) has done is “kick the can down the road”.  Congress keeps spending money … and spending money … and spending money … money it doesn’t have.  They borrow it … and borrow it … and borrow it … and the merry-go-round has to stop sometime.

Congress allowed the banks back into the securities markets and Bill Clinton signed off on it.  So the next time you put your faith in your elected leaders, let’s bring this “home to mama”.  Brown makes a statement after being asked to predict when the next crash would happen and made reference to 2015 and her interviewer mentions Barack Obama, which means this video could be a prediction of at least our worst fears of things to come (as it was recorded some time before 2015).

This is a big gamble for over half of U.S. consumers.  There is no argument that we have a fractionalized banking system that gambles with virtual, fiat money on ratios that are (IMHO) way too far outside of what I’d consider smart banking. The FDIC, a corporation which insures every depositor’s account up to $250,000, does not have the reserves to cover all of the depositors’ money, which basically implies that we could be facing what happened in the Great Depression and in Cyprus in 2012.

Every time there’s a crisis (and you can’t argue with me here), everyone demands that our government “do something” to “fix it”.

Fix what?  

We have been conditioned to believe that in order to “fix” things, we just throw money at whatever crisis comes our way and make it stop.  Unfortunately, with the undisciplined behavior continuing to plague America (more than just essential travelers that continue to migrate about for non-essential behaviors), this current “crisis” (based in more than just a common cold thanks to China) is several months from being “over” enough to safely come out of our homes and there’s still no guarantee that it won’t fester up again (into another pandemic). We will still have to think “social distancing” when we’re out and about and most of us will have learned to make our own hand sanitizer and face masks by then.  For at least the next year, plan on making those two things or getting a supply of them at the ready.  One of the conditions we will face is limiting our travel and public exposure.

Congress passed the stimulus package ($2-trillion) and loaded it up with pork (and we let them get away with it).  

If the average person on the street asked where the money was going to come from, they’d have no idea because most of America does not understand finance and derivatives.  They may teach this stuff to MBA’s in college, but the average “Joe” has to learn by experience.  In the last “crash”, over 10-million families were displaced.  Investors were displaced. The economy was upset to the point where tens of billions of taxpayer dollars were “thrown at” THAT crisis in order to make it go away.

This corona-crisis was not of our own doing. However, the same results occurred.  Many of you think this is another “stab” at population control.  But most of you wanted the government to do something. right?  That’s the “conditioning” I’m talking about here. You point fingers and assess blame at everyone and everything, no matter what.  This is where our two-party system has failed us.

After 9-11, another crisis which many think was manufactured as a “false flag” by our own government, we all bleated that we wanted to be more “secure” and the government gave us the USA Patriot Act (without reading it before they passed it).  When a crisis occurs, people think Congress can fix whatever ails the country.  As you will learn in this lifetime (I believe), this Congress cannot fix a Cypriot-style bank raid.

Running to your banks right now and draining all of your money out of it (bank runs) will only precipitate more panic. Having one-month’s worth of funds in your account in M2 (checking) to pay your bills (as Ellen Brown recommends in the video) is only smart because we live in a system we allowed to be created by Congress.  Congress repealed the Glass-Steagall Act and made our futures even more riskier than it was before the Great Depression because we didn’t have the size of population then that we have now.  If and when a panic of this magnitude should occur, it is likely that people will be blowing up Congress’ phone lines demanding an immediate emergency resolution from the very banks that cleaned out our life savings.  However, Congress is the entity that passed the Federal Reserve Act in 1913 and allowed private banking entities to control our economy using a fractionalized, fiat system of “legal tender”.  Ever since then, this country has been plagued by cyclical crashes.

There is not enough “cash” (M1) in circulation to cover this nation’s debt.  M1 (currency) is issued by the U.S. Treasury in the form of a “Federal Reserve Note”.  What is a note?  (a promise to pay)

Pay when? 

When the American consumer loses faith in the banking system in this country and loses faith in the dollar, everyone will realize what “they’re on the hook for”.  American consumers who have money in banks are at risk.  They always have been.  Did you read the checking account rules when you opened your account?  All deposits become the property of the bank.  That means if the bank closes, you lose what you have on deposit. This is why we should never keep more than one month’s worth of debt obligations in our checking accounts at any given moment.  Those who are living hand to mouth will not feel a “cash drain” as much as those who have large amounts of money stashed in multiple accounts in the banking system.

If you’ve read the FDIC’s rules, it may insure up to $250,000 of each deposit account, but it doesn’t have to reimburse you every penny you lost right away.  In fact, with the hordes of consumers demanding their money, it’s likely you’ll be getting checks for $1 a month until you die or your deposits get reimbursed, whichever comes first. Some system of things we’ve allowed Congress to create for us, huh?

Many of us utilize M3 (credit cards) because banks can create credit card funding by securitizing all of the credit card accounts into derivatives. Those of us who maintain high credit card balances will naturally have a lower credit score because they put those derivatives at risk.  Those who use their credit cards responsibly have higher credit scores because they put the derivatives at less risk, especially when they pay more than the minimum payment every month.  Going all out in M3 when a crash occurs doesn’t hurt you directly because the derivatives are going to take the hit.  The investment markets will take the hit instead.  The insurance companies who have to bail them out when you don’t pay your credit card debts (because you’ve got no money to pay them with after the banks close) will also go broke because, like the 2008 crash, the insurance companies got caught in a derivatives “squeeze play”.

Bottom line here … those who are living on M3 right now are actually in a better financial position to survive this crisis because of fractionalized banking working in reverse.  We can always recover from credit extensions because we have bankruptcy courts that can deal with our “excesses”.  We can’t recover if all of our cash reserves are suddenly “seized” by the banks in order to “prop themselves up” during a crash.

Do we know WHEN the next crash will occur?   Nope.  But we know that crashes are cyclical and that another “crash” in coming, largely in part due to this current “crisis”.

What does China have to gain by “poisoning” America?

I can already anticipate a serious trade deficit if not a full embargo from the U.S. government.  Why would we continue to trade with the enemy?  Wouldn’t that violate a whole host of U.S. criminal codes?

I think most everyone agrees that China unleashed a “controlled viral scenario” on its people (as a test of what it could do to the rest of the world) … and contained them (to contain the spread to its own populations) while sending asymptomatic travelers packing to all points throughout the world, where they spread the virus, without informing the world of the harm it would be soon facing, in time enough for the rest of the world to shut it down effectively.  Imagine what would have happened had we had no warning at all?  The warning we got was two weeks late! Thank God it wasn’t two months late!

The problem we have with this “crisis” is that Americans refuse to let a “cold” interfere with their daily ritualistic “tasks” they are so accustomed to performing.  We are conditioned to the point where once that “comfort zone” is upset, we “lose our shit”.  We are not conditioned to “stay put” for long periods of time.  There is not enough law enforcement to control the flow of travelers who might be asymptomatic. Most of the public knows this.  There are not enough jails and concentration camps to hold all of the violators.  Thus, the government has to enlist our cooperation by being “good Americans” and staying home and tolerating this crisis.

There comes a point in time in everyone’s life when serious rationale has to kick in …

Call it Darwinism (survival of the fittest) … call it a “life change” … call it whatever you want. The state of affairs in this crisis is worsening because we are not doing enough to “contain it”.  We keep demanding of government and not of ourselves.  Our forefathers had to demand of themselves, otherwise, they wouldn’t have survived long enough to pro-create … and this is where we are today.

With this latest “crisis”, it appears that the bond markets in America have been “nationalized” by the Fed.  This too is a reality check because the Fed bought up municipal bonds, junk bonds and corporate bonds and treasury certificates.  It’s kind of like collateral to “cover the spread” of the amount of debt it just had to create (virtual debt rooted in M3) “out of thin air” (on paper) by an Act of Congress.

People where I live (in Florida) are now preparing for hurricane season.  So we’re in for a double whammy if a major storms hits us.  We would have-not only a corona-crisis but add to that a severe storm crisis, which could potentially displace a lot more than just the virally sick being cared for in hospitals.  Anything the likes of Hurricane Katrina anywhere in the U.S. could put an entire segment of the population (think of what happened in New Orleans’s 9th Ward) through a major catastrophe to the point where civil unrest is all but certain because people will be too distraught to sanely rationalize anything else but survival even if it means killing someone else for food, water or shelter.

Spend time looking at the entire scenario surrounding Hurricane Katrina.  Like this crisis, the government took too long to respond. With the lack of timely response, everyone is now pointing fingers again, starting with the media who is “creating controversy” and “fake news” to polarize America far worse than what the attempted “impeachment” crisis did.

The amount of casualties surpassed 9-11.  A lot of New Orleans law enforcement “bugged out” with their families (i.e., “Screw this! I’m not sticking around here and getting killed by this storm!”) and left the city with lack of safety support.  The Superdome turned into a rape center of feces and corruption.  Mercenaries had to be brought in to quell civil unrest.  People were shot to death.  Deal with that in your neighborhood.

If this worst-case scenario were to play out … the banks close … you lose all your money … you have no real “reserves” at home to pay for immediate needs with … your food supplies run out and the grocery store shelves are empty (toilet paper will be the least of your concerns) … your utilities get shut off … you start getting default notices from your bank on your mortgage … your insurance company denies your damage claim from a storm and you’re displaced all because you couldn’t pay your premium … are you prepared to deal with that?

Over 60% of Americans are not!

Just look at the current crisis and see how you’re holding up.  Now factor in the variables I just talked about in the last paragraph and re-evaluate your scenario.

We as Americans can no longer afford to “kick the can down the road”.  This will come back to bite us … and it will hurt. Take whatever precautions you can and be “the responsible one”.

The life you save may be your own.

BTW … HAPPY EASTER!

 

 

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

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

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

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

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

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

This is where thinks get “quirky”.

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

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

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

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

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

Fast forward to the end of the corona-crisis … 

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

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

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

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

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

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

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