Category Archives: webinar

U.S. 9TH CIRCUIT RULES ROBINS HAS ARTICLE 3 STANDING!

BREAKING NEWS — 

For those of you that haven’t been keeping track of the differences of opinion between the U.S. Supreme Court and the U.S. 9th Circuit Court of Appeals in the Spokeo v. Robins case, the 9th Circuit panel has issued an opinion that the Plaintiff (Robins) did in fact allege a “concrete injury”.  I posited this dilemma in my book FDCPA, Debt Collection and Foreclosures to some extent.  Now it appears that the 9th Circuit’s holding played in fact off of the Big Top’s decision, which was narrow, wherein a violation of the FCRA (according to this decision), an acronym for the Fair Credit Reporting Act, was enough to include this in an FDCPA action to establish that when servicers (who act as lenders) wrongfully put information on your credit report or in the alternative, debt collectors report things to the credit bureaus that are known to be false (or wrongfully reported by servicers during a period of time wherein a Qualified Written Request is pending), prevents the consumer from moving forward by hampering their credit scores, which results in future credit damage, which is an actionable injury, enough to establish Article III standing.

As you may remember, the U.S. Supreme Court issued a May 16, 2017 ruling declaring that the 9th Circuit failed to address whether the statutory provisions at issue were established to protect Robins’s concrete interests, as opposed to purely procedural issues. The 9th Circuit responded that the FCRA was created to protect consumers’ interests in mandating that credit reporting agencies issue truthful and accurate credit reports, which affect a consumer’s future lifestyle changes, the ability to obtain credit and employment potential.

The 9th Circuit remanded the case back down to the Central District of California for further action.  For those of you in the 9th Circuit states, you should be jumping for joy, because the little guy has won another round.  To see the opinion, click the link: Robins v Spokeo Inc, 9th App Cir No 11-56843 (August 15, 2017)

It stands to reason that we will be discussing this in more detail in our third of four FDCPA webinars, coming soon to the CloudedTitles.com website.

In the meantime, for those of you continuing to fight foreclosures pro se, you may wish to pay attention to the following and inquire about attending our upcoming foreclosure defense workshop in Orlando, Florida:

Download the Registration Form here: FDW ORLANDO REGISTRATION FORM

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FOR THOSE WHO MISSED THE FREE WEBINAR … LISTEN FREE NOW!

BREAKING NEWS — (for those who missed or had trouble getting on last night’s FREE webinar call) … from Dave Krieger:
We had a smashing webinar last night with Lou Brown and Al West and myself. I highly recommend that you listen to this webinar if you have any interest in defending against and defeating the Banks. We talked about “End Game” strategies. This should give you some insight into some newly developed solutions that are tried and true. We would love to see you at the end game strategies workshop in Biloxi, Mississippi on June 13 and 14th. Either way, listen to the webinar and let me know what you think.  You can email me directly at cloudedtitles@gmail.com!
To register call 1-800-578-8580. Seating is limited so be sure to reserve your seats today!

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END GAME STRATEGIES WORKSHOP REMINDER!

IMPORTANT REMINDER!

Many of our blog post readers have not yet made plans to sign up to attend the one and only Biloxi event, entitled “END GAME STRATEGIES” (workshop).  This is a reminder that this is the ONLY live event that Al West and I are going to do this year.  Past this year, I cannot guarantee that Mr. West will be willing to do any other events past this one!

The event was posted earlier on this blog site: https://cloudedtitlesblog.com/2017/05/09/two-day-end-game-strategy-workshop-coming-to-biloxi/

There is a link on that post to sign up to attend, which is being provided again here:

https://vip.infusionsoft.com/saleform/nathnifot

I cannot help but advise that anyone that is in need of a “lifeline” to save their home needs to attend this workshop!

There is also a link on the foregoing site, where if you have attended a previous COTA or Quiet Title Workshop, you will get a discount to attend this event.  If you have not attended a previous event that DK Consultants LLC has hosted, then you would have to pay full retail to attend because the event is being sponsored by Lou Brown’s investor group, Streetsmart!

Now, ask yourself why investors are attending this workshop.

Because they want to learn how to shut down the banks at their own game!   When an investor can either “buy time” or shut down the banks “with a win”, it puts a solid paycheck in their pocket!

In this post, I have included WHAT you’re going to learn in this workshop!

END GAME STRATEGIES WORKSHOP OVERVIEW

We have new strategies to share that are being used to stop the banks dead in their own tracks! 

If you have a pending foreclosure looming in your “present day”, you need to consider investing in your future.

You cannot stay in your “present day”, facing a foreclosure, without an End Game Strategy.   Anyone who does not have a “plan” or a “strategy”, loses.  I hate it when homeowners get tossed out of their homes, many of them with loads of equity, for whatever reason.

I have set my mission to assist homeowners in their fight, but every mission executed comes with a price … time!

Time is money! 

For those of you facing this harsh reality, it is more than a wake-up call because you face displacement from the American Dream.  I realize that this was never your intention.  In an uncertain economy and with Congress all wrapped up in the bipartisan fight over deregulation, another housing bubble looms over America … again.

Every time one of these bubbles burst, people lose jobs, resulting in loss of income, resulting in more foreclosures because people can’t make their mortgage payments.  Most Americans do not realize that this entire plot against them was by design.  That design plan started in the early 90’s and has resulted in an aftermath that I may write another book about.  Even Thomas Jefferson warned us about what the central banks could do to this country, but many of us succumbed to indoctrinated impulses and “took the bait”, not knowing that on the other end, both foreign and domestic “investors” were actually funding the purchase of our homes.

Sadly, most homeowners do NOT fully understand securitization, which is why readers of this post need to be fully aware, to be able to educate them and show them where they need to focus their efforts.  People who have attended my workshops in the past are actively helping homeowners and making a difference in their lives.

Whatever you invest in attending in this workshop, the use of the knowledge will come back to you tenfold.

We do not want to “leave you hanging”.  We are attempting to set up a webinar with Lou Brown, the host of this event, this coming Wednesday night at 8:00 p.m. EDT.  If you are riding the fence on whether or not you want to attend this event, you need to get onto this webinar.  It’s FREE to get on the webinar … what do you have to lose? …

… besides your home!

STAY TUNED FOR MORE DETAILS! 

 

 

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SECOND FDCPA WEBINAR FEATURES LAWSUIT AGAINST OCWEN, TONIGHT!

Remember the five “W’s”?

WHO: Clouded Titles author Dave Krieger, along with special guest retired attorney and former federal law clerk R. J. Malloy!

WHAT: We’re going through drafting content in the framing of an FDCPA lawsuit, and Ocwen is the target!

WHEN:  Thursday, June 22, 2017, 8:00 p.m. (EDT)

WHERE: CloudedTitles.com (go to the webinar link and sign up)

WHY: Because Ocwen appears to have lied to everyone about its servicing practices. Twenty states and the District of Columbia have banned Ocwen from taking on new loan servicing accounts until they can prove they’ve cleaned up their shoddy bookkeeping practices.

 

HOW TO SIGN UP: Go to the Clouded Titles website and click on the webinar link and go to the shopping cart and check out.  You will be sent a code in your email inbox that links you directly to the webinar, which will be recorded and archived for later use.

Don’t miss it!

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SECOND FDCPA WEBINAR FEATURES ACTION AGAINST OCWEN!

BREAKING NEWS, OP-ED — UPDATE (JUNE 19, 2017)

The uniqueness of “kicking someone when they’re down” doesn’t even come to mind here, even in light of the dilemma I created for myself when I delivered a copy of the two-volume, 778-page OSCEOLA COUNTY FORENSIC EXAMINATION to the Clerk of the Circuit Court, Armando Ramirez on December 30, 2014.

This is one of the reasons why bad press is still “press”.  Maybe Ocwen Loan Servicing LLC is delighting in all of this unwanted attention.   As of today, it’s stock is still trading.  I wish I’d have known in advance of the issues confronting the mortgage loan servicer would come to a head on April 20, 2017, as I would have seriously shorted Ocwen’s stock and made thousands of dollars doing it.  Darn!

However, given the issues surrounding Ocwen’s reliance on one of its affiliates, Altisource (headquartered conveniently in Luxembourg) and Ocwen’s REALServicing platform, you can bet that there’s a good chance that any time Ocwen Loan Servicing LLC sends you a Monthly Mortgage Statement, it’s riddled with accounting errors.

Significantly, these errors can result in demands for payment which are erroneous and subject to civil liability under the FDCPA.  If you are actually paying Ocwen money for these errors, based on these statements, later discovering you overpaid or your payments were misapplied to someone else’s account to make up for Ocwen’s accounting shortfalls, this could warrant a case for disgorgement.

I find it incredibly interesting that Ocwen Loan Servicing’s “Sweet 16” (who I call the Florida notaries who sat around a table in West Palm Beach, Florida and took turns “dummying up” documents that would be recorded in real property records all over the United States, further creating issues of clouds on titles to millions of pieces of real property all over America.

Turning to a recent post on this blog, I note that Ocwen’s “Contract Managers” and “Contract Coordinators” have that same ability to “dummy up” affidavits that claim Ocwen has the authority to do “this, that and the other”; however, without a Limited Power of Attorney to back up the significant claims that Ocwen employees make on these affidavits, one would be virtually in the dark on what actual authority Ocwen has to do anything.

RESEARCH NOTES:

(1) You can locate all of Ocwen’s Limited Powers of Attorney (“LPOA”)by going to the Palm Beach County, Florida Clerk of Court’s website and searching for “Power of Attorney (POA)” with Ocwen Loan Servicing LLC as the GRANTEE.

(2) You need to reach every single detail of these powers of attorney when you locate the appropriate one, as there are over 800 of them recorded in the Clerk’s database.  Use the GRANTOR name to isolate your search (e.g., Bank of New York Mellon, U.S. Bank, HSBC Bank USA, N.A., etc.) and hone in on the LPOA that fits your date and time scenario, which specifically states WHICH REMIC is being represented in the LPOA.  You may be surprised to find that Ocwen is limited as to what it can do (e.g., only manufacturing documents and not actually commencing a foreclosure proceeding).  You may also find the LPOA has expired.  It doesn’t mean they’re not still in the public record … it’s just that they’re expired.

(3) You need to specifically research the REMIC on the SECINFO.com website.

Get a complete copy of the 424(b)(5) Prospectus and SEC Form 15d and save them to file.  In the search bar for the particular REMIC, run the name OCWEN in the search engine and see if anything pops up.  Run the term “Sale and Servicing Agreement” and see what pops up.  If you don’t find specific notations to any event relating to Ocwen, it means two things:

(a.) you will need to locate an LPOA that contains such an Agreement; and

(b.) if you can’t find the Agreement listed in the public record, you’ll have to obtain it in discovery under Request for Production of Documents.

This my friends, is legal research and case strategy, NOT legal advice.  If you’re going to jump down rabbit holes, you’d better be prepared to dig deep!

If Ocwen is NOT allowed to enforce the terms of a Mortgage or Deed of Trust because you can show lack of authority vested to it … and you see the customary FDCPA language on the form they send you … then that would indicate, in asking for a sum certain, that they are in the business of collecting debts and thus are subject to the FDCPA. (This of course, has to be determined by a court of competent jurisdiction! I am not the KING of any Court, unlike some on the Internet that would posit such!)

When it comes to suing mortgage loan servicers like Ocwen Loan Servicing LLC, be aware that they have multiple sources to dip into when it comes to fighting their legal battles, even if it means dipping into other peoples’ escrow accounts for that money!  This is why Ocwen wants your house!  They will purposefully rack up so many servicing fees that by the time the house sells and they recoup their expenses, the entire proceeds of the sale is gone and the alleged “lender” Ocwen is supposedly representing, gets nothing.

But wait!   The alleged “lender” got money from credit default swaps, default insurance and title insurance. In fact, we guesstimate about 6 different sources of loss reimbursement, not to mention the FDIC if that corporate federal agency is in play.  Then, there’s the taxpayer.  We won’t go there, for now.

So let’s say we sue Ocwen, for the sake of argument.

UPDATE: The second of four FDCPA webinars on the subject has been re-scheduled for Thursday, June 22, 2017 at 8:00 p.m. EDT.  We will be doing something different in this Webinar, as R. J. Malloy will be walking through the process with me, step by step as we discuss pleadings development and purpose.  This is truly a webinar you DON’T want to miss!  For those of you who are confused about the price … EACH WEBINAR is $39.95!  I cannot do all 4 for that price because of costs.  If I did a live event in Orlando, you’d have to pay anywhere from $495 to $895 to attend a 1-day event, plus airfare and hotel, instead of paying a total of $159.80 for all 4 online workshops and this is a huge savings to you for the same education.

In the second of four FDCPA webinars, we have some new news to update you on about applications of the U. S. Supreme Court’s Spokeo, Inc. v Robins et al_ decision … you have to prove you suffered economic harm in order to make an FDCPA action stick.  I know, it’s the nation’s highest court’s way of impeding class-action lawsuits!  In a class action lawsuit, ALL of the Plaintiffs in the class have to have suffered a similar economic harm before the court will approve the class!

Look for signup information on the CloudedTitles.com.

 

 

 

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