Category Archives: workshop

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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WHY IT PAYS TO CHECK THE WHOLE CHAIN OF TITLE!

(BREAKING NEWS – OP-ED) — The author of this post is providing the following case for your review to prove his point (not legal advice).  Take the educational value for what it is when you don’t do your due diligence! 

1601 Bay LLC et al v Wilmington Savings Fund Society FSB et al, 3D19-492 (Nov 20, 2019)

This is one of the reasons I decided to offer an online Chain Of Title Assessment (COTA) class in the near future, so you can take advantage of not having to travel distances to participate in (8) 2-hour sessions to learn how these assessments are conducted and utilized.  These are not for foreclosure defense use (as an exhibit) … only for case development.

We are still in the midst of a foreclosure crisis.  It’s all due to the blowback of issues like what’s been described in this case.  It’s not hard to understand.  If you don’t look at the entire chain of title (and don’t expect your title company to do this for you) as an investor or future homeowner, you deserve what you get.

I’m going to be brief about this because you’ve heard me “beat the drum” now for how many years?  Many of you have scoffed at my pontifications.  Some of you have taken it to heart.  The mega-banks are worthless when it comes to fair and honest dealing, yet consumers are still flocking to them for loans, which they are still securitizing.  Again, definition of insanity (as I discussed in my last post).

The upcoming workshop dates … February 1st, 8th, 15th, 22nd.  Times are Eastern (9 am – 1 pm).  For more details, see the Clouded Titles website.

 

 

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TEN YEARS LATER … HAS YOUR DEFINITION OF “INSANITY” CHANGED YET?

(OP-ED) — The author of this post posits these comments based on his own observations and none of this should be construed to be legal advice. For the record, the definition of “insanity” is … doing the same thing for the next 10 years you did the last 10 years expecting different results. 

Who would have ever thought that me breaking my foot would steer me down a path of moral concern, that is, America’s foreclosure crisis based on phony documents?

The Beginning of Insanity

It all began in mid-2007, when, quite by accident, I was surfing the county clerk’s website looking for details on my Texas property and discovered repetitive references to Mortgage Electronic Registration Systems, Inc. (hereinafter “MERS”).  I had no idea who MERS was until I started doing further research into this entity only to discover this electronic database had been around since at least 1999.  It didn’t even occur to me that MERS was a brainchild of the banks because at that time, there wasn’t much information out there because the lawsuits that have made the annals of American history were not made manifest yet.

I also had no idea that MERS and the banks were working hand in hand to further their “case wins” in courts by posturing MERS as some sort of legitimate “party” that had the right to foreclose on property.  I only discovered this in 2009 after I started doing serious research into security instruments and all of the accompanying documents that littered the land records across America in the wake of the financial crisis of 2008 and the previous redux of securitization, which finally reared its ugly head in a way that most Americans could understand.  It was at that time I started to develop what would later become the Chain of Title Assessment (COTA).  How the documents interrelated to each other became more important than the actual information contained within each document because a pattern of behavior became obvious which was worth doing more research on.  That pattern of behavior was recorded assignments being placed within the land records just prior to a foreclosure being commenced on any given piece of property in America.

By mid-2010, I had a specific pattern identified and was able to develop a COTA checklist based on that pattern of misbehavior.  The pattern was not just a making of the law firm or the trustees attempting to enforce security instruments.  It became obvious later on in the game that the law firms and trustees actually were doing the bidding of the mortgage loan servicers; however, that realization did not come until AFTER Clouded Titles had been published (in December of 2010).  It was not until mid-2012 that things began to surface that would lead me straight to identifying who was behind all of the chicanery that enveloped all 3,041 of our nation’s real property records.  At that point in time, I had already established a working relationship with several Texas Clerks and had lectured to their Clerks’ School, sponsored by the V.G. Young Institute for County Government.  Williamson County Clerk Nancy Rister and Williamson County government were the first to attack MERS and the servicers and third-party document mills head-on in a land record audit, which was formally released in January of 2013.

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

Judging by MERS’s reaction to the audit, I knew we were onto something. MERS went out of its way to try to debunk the 179 pages of damning assertions that the mortgage loan servicers and their third-party document mills were the ones behind all of the false and misrepresentative statements we would soon come to identify in the hundreds of COTAs I would being conducting since Clouded Titles was released.  Reporters kept telling me that MERS claimed it did nothing wrong and my reply was, “Then why is everybody suing them?”

A Big Mistake

The chain of title assessment (COTA) has been referenced as a “chain of title analysis”; however, through whatever name you want to give it, the research that goes into a COTA makes it a report, an investigative piece if you will.  By the time that the mortgage loan servicers agreed with 49 states Attorneys’ General to stop production on fraudulent documents, word had spread not only to the legal community but also the public at large, that this chicanery was widespread. Foreclosure victims became outraged at the thought of being defrauded through the illicit use of the land records.  It was at about that time that the COTA hit the courts.  Reliance on a COTA in a court of law or of equity is a huge mistake as many have discovered.  Proof of that will be made manifest in this post.  By the time homeowners and their attorneys ran screaming into court about the “fraud” in the documents, MERS and the banks had already set case precedent that the contents of the documents could not be challenged because the borrowers were not “third party beneficiaries” to the assignments and therefore had no right to challenge.  In my opinion, this lame excuse of not benefitting from the assignment was a ploy to gain favor with the courts, whose judges went along with the argument because the homeowners’ attorneys had no comeback to the argument.  The big mistake however, was the misuse of the COTA and the laziness of homeowners’ counsel to conduct proper discovery.

Many litigants ran into court with their research and attempted to use it as “evidence” to prove their theories that they were defrauded by and through the use of “fraudulent documents” recorded in the public records. Once such case involving this posts’s author manifested itself in Texas on November 25, 2013, in the same year that the Williamson County Real Property Records Audit was released.  See the case below and pay attention to the references on Page 4, where this author’s name is mentioned:

Brown v BANA_Tex 5th App Dist No 05-12-01382-CV (Nov 25, 2013)

Quoting my name and my book and making references to it is not PROOF as the Appellant soon learned the hard way.

During the time span from the time this case came out, Clouded Titles had been on the market for three years and had expanded from its 254-page original version to 432 pages (not the Mayday Edition, which is the revised final version). I knew that judges and attorneys were aware of it … and not just because of its consistent use in the courts.  By that time, the Circuit Clerk of Osceola County, Florida, Armando Ramirez, was introduced to the book and was encouraged by the public to make contact with the author, which led to the commissioning of another land record investigation, which was conducted roughly 90 days AFTER the mortgage loan servicers vowed in writing never to launder the land records with fraudulent documents again, as shown below:

OSCEOLA COUNTY FORENSIC EXAMINATION

The author of this post, once this document was made public, was attacked by the media in what appeared to be political retribution against the Clerk of the Circuit Court (Ramirez), who was again elected to his Clerk’s post in a majority vote the following election cycle.  However, this time, MERS did not play a role in the politicizing and demonizing of the report, which had an attorney opinion letter attached to it like the Williamson County report did.  Instead, the media and foreclosure mill law firms jumped into the fray, slamming the Clerk for spending county money on a report that they maliciously called a “foreclosure audit”.  Again, misuse of the COTA.  The Report issued to the Clerk was just that … a Report outlining the abuses that continued in his own land records from June 1, 2012 to June 1, 2014, well after the mortgage loan servicers agreed to stop putting false and misrepresentative documents in the land records, where they still appear to be continuing on through today!

The Bigger Mistake

What’s even worse is that a lot of wannabe “investigators” who claimed that their research was solid proof did not pass muster in other cases.  As I will demonstrate in the upcoming Chain Of Title Assessment Workshop, to be held online on the Clouded Titles website starting on February 1, 2020, this author has been pontificating all through the ages that Chain of Title Assessments (COTAs) are NOT EVIDENCE in court, despite the ignorance of litigants and their attorneys.  In this workshop, the author will cite a U.S. Supreme Court case that clearly identifies a COTA as research developed from multiple sources and compiled into a report, which this author has constantly maintained is to be used for case development and not as evidence in of itself.  But given the desperation of homeowners, along with the mistakes made by these alleged “foreclosure rescue services” that claim the COTA is their Holy Grail in order to make a buck, these assessments are STILL NOT EVIDENCE in court, as the most recent case out of Idaho demonstrates:

Losee v Deutsche Bank Natl Trust Co, Sup Ct Idaho No 45721 (Nov 29, 2019)

Do you see the date on this case?  It was just issued the day before this author published this post! 

What in the hell are these people thinking?  If I have maintained that a 1943 United States Supreme Court ruling by this nation’s highest court mandates that COTAs cannot be relied on as evidence, why are these wannabe investigators and their litigants ignoring it?

Previously, much to my chagrin, I’ve warned attorneys NOT to waive my COTAs around in court.  One of them did in a Houston federal court and got screamed at by the judge.  This is where the joke about “judges screaming my name and it wasn’t during sex” evolved from. (“Who’s Dave Krieger????!!!!!!!!)

One other attorney in Michigan was forced to let a judge see the COTA (by the judge’s own insistence) because the attorney kept referring to the document while making arguments in court.  Once the judge read the document (assumedly during his lunch break), he got an education, even though it was still NOT being offered as evidence, and ordered the parties to settle the case as he stated, “neither one of you are going to like the way I rule on this one!”   In the end, the bank got the house back and the homeowners got their money back and then some.  This still does not mean that the COTA is evidence unless the material within the COTA is vetted and relied upon by expert witnesses or utilized to craft discovery to go after the underbelly of the other side’s arguments.

I beg of you … please do not continue to misuse these reports.  These reports are meant as investigative research and proper discovery must be utilized to vet the research.  Simply walking into court and waving these reports around screaming “Fraud This!” and “Fraud That!” will get you nowhere.

To get a real idea of HOW TO do a Chain of Title Assessment (COTA) on your own, where you can get a real education, I am offering the first online COTA Workshop on Saturday, February 1st (2020), in 4, 2-part segments, from 9:00 a.m. to 1:00 p.m. Eastern Standard Time.  Here’s the schedule of the online classes:

Sessions 1 and 2, Saturday, February 1, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 3 and 4, Saturday, February 8, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 5 and 6, Saturday, February 15, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 7 and 8, Saturday, February 22, 2020; 9:00 a.m. – 1:00 p.m. (EST)

I have revised the COTA to take the purpose of the workshop out of the “business model mode” and craft it into the “consumer mode” for the purposes of giving you a basic education into the realm of document identification and research.  Click the following link to leave your email address in the blank space provided and the Registration Form will be emailed to you.  Once you are enrolled in all four sessions, you will be able to access the online workshop presentation (as it will be recorded for future use) on the Clouded Titles website!

The Definition of Insanity Needs to Change in Your World!

I can tell you with a certainty that mine has!  In fact, I use COTA research to make money in my real estate investing.  Had homeowners going through foreclosure been thinking about Plan B instead of trying to fight the inevitable losing court battle ratios, America might have had better case law than what it has now.  With the banks creating as much negative case law against homeowners and as tilted as the system is against borrowers who don’t pay their mortgage payments, it’s time to change your mindset and use the COTA to your advantage.  My workshop strategies have now shifted into the realm of COTA use to make money to survive instead of defending your home in a losing battle.

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