Category Archives: webinar

REMEMBER WHO THE ENEMY IS …

(BREAKING NEWS) — The author of this post is issuing this update to give you a bit more incentive to participate in the upcoming online COTA Workshop.  The information presented here is for educational purposes only; however, it’s based on years of research by this author and through discussions with attorneys who have utilized this material to their benefit. 

For those of you who are being exposed to COTA (an acronym for Chain Of Title Assessment) for the first time, or wish to intensify the study into the COTA for future use in helping others (and making a sideline income from your knowledge you’ve obtained here), let’s briefly delve into what the chain of title is and how the COTA differs from a simple “title report” issued by today’s title companies across America.

(1) Assists in identifying all known potential claimants to property

It doesn’t matter whether you’re buying a home for the first time or putting your faith in a landlord who claims to own the home he’s renting to you, it pays to understand “who’s on title”. In this day and age, more and more issues of fraudulent transfer and assignments of lien have permeated hundreds of thousands of land records, if not by crooks attempting to commit identity theft by recording false deeds, but by the very banks and secondary players “in the game” that created assignments out of thin air and caused them to be placed into the public record, all since the 2008 financial collapse!  Simply looking at the deed to a piece of property isn’t enough. The aftermath that followed the collapse (2009-2015) has been proven by this author and others to have been one giant scheme to steal property across America by some very unscrupulous sponsor-sellers on Wall Street using phony documents to get their way.  If you or this author ever attempted to do what the banks did, we’d be in jail, because the government is in bed with the banks!  The COTA helps you to identify those person(s) who say they have an interest in the property, whether by claim of ownership or by lien interest.

(2) Assists in identifying potential unknown intervening assignees

Many do not recognize the word “mesne”.  It’s pronounced “mine”.  It’s a legal term that means unidentified players within the chain of title and these players became unknown “assignees” through the use of an electronic database called Mortgage Electronic Registration Systems, Inc. (or “MERS”).  If you’ve read Clouded Titles, you know that MERS is currently operating under its third incorporated version, taken over in October of 2018 by the same corporate outfit that owns the New York Stock Exchange, ICE (an acronym for Intercontinental Exchange, Inc.). The mesne assignees entered the chain of title to millions of pieces of property through the use of the MERS System®.  This workshop will teach you the fundamentals of how securitization operates and just how the silent invasion of millions of phony documents entered the public recording system. It’s knowledge that has cost over 10-million Americans their homes because they didn’t have that knowledge when they took out their mortgage loans way back when.  If this workshop could save you tens of thousands of dollars in mistakes, wouldn’t that be worth it?

(3) Assists in identifying abuse to the title by lien holders & clients 

It goes without saying that millions of Americans have fallen prey to the scheme of obfuscation within the chain of title by parties that all of a sudden “claimed” an interest in any given piece of property in America simply by creating an assignment of mortgage (or deed of trust) with the intention of giving the recorded instrument legal effect for the purposes of foreclosure.  The banks and the financial industry supporting the use of MERS then proceeded to infiltrate all 3,041 public records through the use of legislation, which more than likely came into being through the use of “monetary incentives” (i.e., “the best congress money can buy”) to get legislation passed to allow a “book entry system” to permeate the land records all across America through the use (and abuse) of documents that were vague and ambiguous, which this author first discussed in the very first COTA Workshop he ever taught, as a CLE to attorneys in Texas. Now you can have access to that same information, which could help you in making what could be life and death decisions!

(4) Assists in identifying potential causes of action for use in litigation

The one thing for certain in America is that these abuses within “the system of things” has made the greater percentage of the citizens in this country litigious in one way, shape or form. The remains of those who have been foreclosed upon in the past have paved the road with bad case law because they (and their attorneys) fought with bad information, information that was passed through the legal forums throughout America by attorneys who became part of a very widespread network of what are known as foreclosure mills.  Some have fallen by the wayside, while others have only gained in strength by setting case law in their favor before most Americans (who were foreclosure victims, and their lawyers) realized what kind of legal charade was being falsely portrayed within the judicial venues throughout this country.  This author is convinced that all of this was by design, to give these foreclosure mills lots of work and as one attorney this author knows put it, “How to steal people’s homes for fun and profit.”  Sadly, 97% of all affected homeowners cut and ran, leaving the system to its own devices.  Those who fought the banks and their servicers found out the hard way that claiming “fraud” costs money … more money than the average American homeowner anticipated spending to stay in their home. There’s a right way and a wrong way to understand “the game” … and you’ll learn that in this workshop!

(5) Establishes proof of ownership in the chain of title (deraignment)

Here’s a term (deraignment) that most people don’t understand the concept of.  In this workshop, the author is going to show you not only what this term means, but how it’s applied in law!

(6) Establishes parameters for given time periods of recordation (laches)

The doctrine of laches kind of works like a ticking clock.  Many Americans have been duped into believing that once they’ve found out that they were “screwed over” by the banks, they attempted to file lawsuits against the banks and MERS, something the banks were geared up in advance to wage a winning war against these unsuspecting homeowners and their attorneys, who soon found out that there were more ways of making money than by doing simple wills and estate planning.  Welcome to the understanding of what makes a foreclosure defense lawyer tick … your paycheck in his trust account!  Laches is further explained in the COTA Workshop … which can be taken via the internet right from your very own home computer.

(7) Establishes proper document recordation value (as to sequence)

It’s not just a recorded document that makes a difference … it’s how all of the documents in the chain of title interrelate to each other.  We’re going to go into detail by showing you case studies within the COTA Workshop so you can gain an understanding of how these abuses within the chain of title occurred and how the COTA is used to formulate litigation.

(8) Establishes proper evidence to identify potential problems with title

If you had a way to identify issues within your chain of title, wouldn’t that make your understanding of future litigation more practical?  This is why so many attorneys across America have read Clouded Titles. In fact, this book (written by the author who is teaching this online COTA Workshop) was recommended to homeowners by U.S. Bankruptcy Court Trustees!  This means that the information contained within this book (and this author’s subsequent teachings) was very quickly picked up by “the system” and integrated into its database of legal knowledge.  As a bonus … for those of you taking the online COTA Workshop … you’re going to receive a complimentary copy of this book that has gotten the attention of even the federal judiciary!  Suing for everything under the sun (including the kitchen sink) is a big waste of time and money.  This online COTA Workshop will teach you the basics of understanding what the aspects of litigation are and how you, as a past, present and future homeowner, can benefit from understanding the fundamental issues within chains of title that have been affected by the schemes perpetrated by the banks and their henchmen.  This goes way beyond what title companies will ever reveal … because the title companies are “in on it”!

(9) Raises potential legal issues based on research of statutory violations

This author has written other publications which explore the universe of legal claims based on violations of statute.  Your mission, should you decide to accept it, is to understand how and where to find this information … and the author will show you how in the online COTA Workshop!

(10) Raises potential legal issues based on unproven but evident fraud

Fraud! Fraud! Fraud!  That’s all this author hears homeowners bleat (like sheep to the slaughter).  Learn what the potential legal issues are without becoming a victim of them!  It’s a very expensive proposition … something this author knows could save you tens of thousands of dollars in legal fees just by your gaining an understanding of how you (as a homeowner) have been duped.

(11) Raises awareness of concern by the Preparer as to legal consideration

If you were going to help others (while making a living doing COTAs) avoid these same pitfalls, wouldn’t it be nice to know exactly HOW the author came to understand the fundamental concept of how the chain of title works?  Spending tens of thousands of dollars in litigation costs makes everyone but you (the homeowner) rich.  Why drop that big dime if you can possibly avoid it?  We’ll even be discussing quiet title and the use of declaratory judgment actions as a part of the common strategy to get to the truth of the matter involving chain of title!

(12) Raises the stakes of potential legal claims for damages

Out of these dozen reasons why you should consider taking this online COTA Workshop … if you had a clear and concise understanding of what you were up against and knew the real issues within your chain of title (or could research the chain of title for a prospective property you wish to acquire as a means of building equity), wouldn’t it be nice to know that once you’re all settled in, you’re not going to become a victim of foreclosure by some unscrupulous lender, based on those mesne assignees this author talked about in the beginning of this post?  If you knew which legal claims were more profitable than others, wouldn’t that be a good thing?

The online COTA Workshop begins February 1st (that’s this coming Saturday) … why not start out the New Year with a chunk of knowledge that can not only save you thousands of dollars in legal fees, but also give you the opportunity to make a decent living while helping others avoid the pitfalls that have cost millions of Americans dearly.

Click here to register to attend! 

In addition, if you missed something … after taking the online COTA Workshop … we’ll make these sessions available to you online so you can further your studies and pick up the nuggets you may have missed while attending the online COTA Workshop … all of which you can access FREE OF CHARGE, with your paid attendance to the workshop!

Plus, by attending the online COTA Workshop, you get a complimentary copy of the book Clouded Titles!

The webinar platform will give you a chance to ask questions at the Q&A breaks in the class too!  

Knowledge is power!

The clock is ticking … what are you waiting for?

A summons to appear in court or a notice of default?

Don’t be a victim!

Arm yourself with education!

Click here to register to attend! 

 

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ALERT: ONLINE COTA WORKSHOPS START FEBRUARY 1ST!

(BREAKING NEWS) — For those of you that have been visiting the Clouded Titles website, you’ve probably seen the scrolling across the top of the page that features online Chain of Title Assessment (COTA) Workshops … 

These workshops begin on February 1, 2020 and run for 4 weeks, every Saturday, from 9 a.m. to 1 p.m. (EST).  

The cost to attend is substantially less expensive because you can attend the workshop from the privacy of your own home, via GoToMeeting.   

In taking the online COTA Workshop, the benefits are huge:

  1. No getting on a plane and flying long distances;
  2. No risking your health by hanging around or near snotty-nosed kids;
  3. No paying for parking at the airport (or anywhere else);
  4. No paying for a hotel sleeping room (or inconveniencing your contacts to stay somewhere locally);
  5. You get to ask questions, just like you do in the regular COTA workshop;
  6. I’m not paying for a host hotel, so my online workshop fee savings can be passed onto you;
  7. You get PDF copies to read on your computer (or if you’re so inclined, you can print them out for your own use);
  8. You’re never going to have to worry about missing anything because you’ll get a private code to log into the site and watch any parts of the workshop you either missed or need to brush up on!
  9. You get a discount to attend all 4 sessions (when you pay all at once), rather than piecemeal fees; and
  10. We give bathroom and lunch breaks during the sessions, so you can stretch, get coffee, do whatever (in your PJ’s if you want!) … 

The shopping cart is open at CloudedTitles.com … so … now’s the time to learn the real meaning of “due diligence” and make 2020 a great year to invest in yourself to YOUR benefit! 

And may you have a great and prosperous 2020! 

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THE HOA – INVESTOR DILEMMA: CONFLICT IN SOUTH CAROLINA

(BREAKING NEWS – OP-ED) — The author of this post includes the relative case opinion for your educational enjoyment. One does not have to be an attorney to read a court opinion and derive the same conclusions I did, even though they’re not legal advice. 

A lot of you have moved into areas that contain homeowners associations (hereinafter “HOAs”).  After living in one once, I’m no longer a big fan of them. This is largely due in part to the following rationale:

  1. There’s usually an area resident living near you that drives by your home every day and takes notes of “alleged violations” on your property (e.g., grass not mowed to that person’s specified desire; extra vehicle parked on the street; vehicle with signage on it visibly parked in the driveway; mailbox flag painted green when the specifications call for flags to be painted red; 5-gallon bucket of water (with water in it) sitting noticeably within eyeshot, which could draw mosquitoes; dead grass which should be replaced with decent sod (in their opinion); tree branches hanging too low over sidewalk; roof shingle torn away; clump of weeds growing visibly near the entrance to your driveway … and the list goes on and on of all the nitpicking that these “Gladys Kravitz’s” do on a regular basis);
  2. Making modifications to your home without contacting the HOA’s Architectural Control Committee FIRST and getting prior approval (or not) before doing the modifications; and the most notorious …
  3. Failing to timely pay HOA dues and assessments.

I hate it when people tell me I “can’t” do something to a property I’m responsible for occupying and maintaining, don’t you?

While the foregoing examples can be particularly annoying, the argument for having an HOA is that having community-based oversight protects property values in the neighborhood … except when the HOA decides to file liens against you and subsequently foreclose on the property in a manner that “shocks the conscience”.

Such was the case in South Carolina, where (in this case), the Hales, who had been faithfully paying on their existing mortgage regularly, inadvertently forgot to pay their $250 HOA dues and were foreclosed on by their HOA (Winrose).

Investors particularly like this kind of scenario because they can buy properties through HOA sales cheap.  The problem with all of this is that (if you were paying attention beforehand) the Hales had a mortgage and were current on it.

What part of reading the Covenants, Conditions & Restrictions (hereinafter “CC&Rs”) and By-Laws of the HOA do you not get?

Here’s a thought: Before moving into an area, do the following:

  1. Identify immediately upon inquiry whether the property is part of an HOA, COA (Condominium Owners Association) or POA (Property Owners Association) … or any kind of Planned Unit Development (PUD) BEFORE even deciding whether or not you want to live there;
  2. Identify what utility districts supply the property with water, sewer, electric, etc. (yes … these little buggers can posit real headaches for you as well); and
  3. Demand a copy of the CC&Rs (some of these can be quite lengthy … yes, you need to get them) and the HOA/COA/POA/PUD By-Laws … and read them from cover to cover.  You’ll notice one particular thing about these entities: they don’t have to notice lien holders, only property owners!

The disagreement came from the Chief Justice of the South Carolina Supreme Court, who appears to have sided similarly with recent Nevada and U.S. 9th Circuit opinions that HOAs may possess a super priority lien in certain cases; however, when it comes to fighting a homeowners’ claim that you unjustly enriched yourself (as an investor buying their property at an HOA foreclosure sale) for a pittance while they were stuck with the mortgage … well … that’s where the rubber meets the road (as it were) as you’ll see when you read this opinion:

Winrose HOA et al v Hale, Sup Ct SCar No 27934 (Dec 18, 2019)

I found this 11-page opinion interesting because of its apparent equitable conflicts. The case was reversed and remanded back to the appellate court because the Hales demonstrated that the buyer of their HOA lien (Regime) bought 38 other properties at HOA foreclosure sales and not once bothered to pay off the senior liens, which then turned around and foreclosed on the properties Regime bought for failure to pay the mortgages.  In other instances, Regime bought at least 15 properties where it quitclaimed back to the owners for a profit between $2,911 and $13,984 per property … WOW!  What a game of things, eh?  This is one way to make money as an investor, especially when the homeowners are actually paying on their mortgages.  The 38 properties were probably rented out, if Regime actually evicted the homeowners in favor of renters and Regime could have likely pocketed the earnings prior to foreclosure (if there was equity in the properties, could that not be construed as criminal equity skimming?); however those side mentions were not actually contained in the opinion.

Shitty investor behavior?  Perhaps.

If you read Part II of this opinion (starting at Page 5), you’ll see why judges have “equity hats”.  While many investors think of these as “Ass Hats” because in the minds of the investor, a sale is a sale is a sale is a sale.  However, the CC&Rs and the By-Laws clearly state (in nearly all instances I’ve seen) that the HOA is NOT required to notice the lien holder of a pending foreclosure sale!  Even though the mortgage (deed of trust) does state that the lender MAY, in an effort to protect its lien interest in a property, mostly contained in the mortgage’s Paragraph 9), pay the HOA dues to protect its lien interest, most don’t.  This is what has created the super priority liens cases in Nevada … and now apparently, due to inequitable concerns, in South Carolina.

The “Equity Hat” comes in (in this case) where the winning bid “shocks the conscience”.  It’s one thing if the investor were to do a chain of title assessment (COTA) on the property and discover bogus assignments for which it could later “knock out” the existing lender in lieu of paying the mortgage loan off.

However, that is NOT how this plays out.

The inequities in this instance went against the HOA and Regime:

  1. The Hales were minimally in arrears on their HOA dues, yet the HOA foreclosed on a $128,000 home in its eagerness to collect the outstanding $250! The greedy bastards!  Welcome to the world of homeowners associations!  The majority of them behave just like this!  Many at least give the homeowners notice (along with plenty of time) to make up the delinquency in order to avoid foreclosure.
  2. Regime, because it attempted to extort the astronomical sum of $35,000 from the Hales on a $3,000 bid it paid at the HOA foreclosure sale!  The greedy bastards! Welcome to the world of extortion by investor.  This is not unusual; however, since I’m an investor, I tend to look at things a bit more objectively.

Black letter law is what it is. Investors aren’t responsible for paying the senior lien if they acquire property at an HOA foreclosure sale.  Homeowners are responsible (according to their mortgage loan terms and conditions) for paying dues and assessments to prevent the lien holder from losing their first position claim to the property.  In this case, lesson learned.  The Supreme Court vacated the HOA sale and remanded the case back to the Special Master for further proceedings.  Equity is Equity folks.  What shocks my conscience even more is the absence of thought when it comes to buying property in an HOA, giving a third party control over how you live and charging you a fee to do it … and when you don’t pay the fee, they steal your property for a paltry sum just to make a point that they’re in control of your life!

Be that as it may … especially as we’re in the “holiday season” … the outcomes (the just desserts) are based on your honest objectives in investing in anything, whether it’s buying a property (in an HOA or not) or investing in others’ misfortunes. What goes around comes around.

Be that as it may … a homeowner living in an HOA has to be on the lookout for “shitty behavior” on the part of the HOA (including checking the legal description and comparing it to what’s really recorded in the land records … you might be surprised to find the HOA doesn’t have a claim of lien on you at all because the legal description was improper!) … and by not stepping into this trap in the first place by buying elsewhere, where HOA’s don’t rule your life.

I know … some people like having an axe held over their heads all the time to keep them in line.  They think they’re good citizens by living in an HOA community. Many of these HOAs have golf courses and other super amenities that cater to the current affluence out there … but … as the saying goes:  Ah, the times … they are a-changing!  These HOAs may find the younger mindsets of the millennials and their successors want nothing to do with them.

This is why I teach chain of title assessment classes … BTW … there’s one coming up soon … CLICK HERE for more info!  Caveat Emptor!

In my next post … I’m going to break loose into the politico of the discord that has infiltrated America … which goes to show that you can’t drain the swamp without something stinking!  Many of you are “preparing for uncertain times” … and rightly so … you should be!

 

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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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