Foreclosure and your civil rights: A judge rules against you in spite of questionable land record documents … what to do next? (PART II)

(OP-ED) — This overview of cases involving civil rights abuses are the author’s opinions based on his legal research and are for educational purposes only and should not constitute any rendering of legal advice or seek to draw any conclusions of law. This is the second discussion of three parts.

THE RULES OF THE GAME HAVE BEEN CHANGED

The issue of police brutality all boils down to the issue of perception of what law enforcement stands for … from both sides of the coin. When police make an arrest, they do so based on material facts surrounding probable cause. The behavior and demeanor of the accused and their right to justice is largely determined by the answers they give and the way they react to questioning by the arresting officers. We spend an inordinate amount of time watching television, where police officers are displayed as being the saviors against the wicked. Yet, in order for a criminal case to proceed, the evidence has to stack up against the accused. The evidence cannot be controverted or subverted with lies and deceit.

“We have repeatedly held, therefore, that an officer violates the Fourth Amendment by omission only if ‘it would have been clear to a reasonable officer that the omitted fact was material to the probable-cause determination. A warrant request violates the Fourth Amendment if the requesting officer knowingly, intentionally, or with reckless disregard for the truth, makes false statements in requesting the warrant and the false statements were necessary to the determination that a warrant should issue.’”

— Cited in Rainsberger v. Benner, 7th App. Cir. No. 17-2521 (Jan. 15, 2019)

And what does this have to do with civil rights, you ask yourself?

Because the Rainsberger case turned on the evidence, when it was discovered that the detective investigating the case (Benner) omitted exculpatory evidence and fabricated evidence wherein the probable cause affidavit was riddled with lies, undercut with the omissions that would have kept Rainsberger from being arrested in the first place … the outcome was that Detective Benner’s sovereign immunity privileges were stripped away by the Court because of his actions. That’s how this argument relates to foreclosures when brought into the civil realm.

The entire foreclosure scenario also deals with material fact, which is why the author brought the arguments within the Rainsberger case into this discussion. When material facts are distorted, manufactured or omitted, causing the homeowner to be unfairly prosecuted as to his right to be secure in his “persons and papers” as guaranteed under the Constitution, someone must be held accountable.

Since the 2008 financial collapse, numerous discoveries have been disclosed to the consuming public of deceitful acts committed by the banks and their servicers and third-party document mills. Unfortunately, with the changing of the rules in the way the “game is played”, moving cases to federal court have been reformed to the point that simply stating that “a person created a phony document used to steal my house” just doesn’t work anymore with the Supreme Court rulings in the Twombly and Iqbal cases. The author has included the following research for your education and understanding, as having proper knowledge of what to expect on the federal level, which should be put in the forefront in any anticipated civil rights actions that follow a foreclosure:

WITHOUT FORETHOUGHT: SUE! SUE! SUE!

It is problematic that over 90% of Americans do not understand their system of laws. In fact, criminals understand the legal system better than their enfranchised counterparts. When faced with legal action, the defendant homeowner either becomes despondent or angry. There is no in between.

The first objective is to lash out against every person or idea that contradicts one’s belief system, as flawed as it may be. The “entitled” believe they should stay in the house for free … that all of the foreclosure accusations are really the bank’s fault … yet the borrower obligated himself when he signed the mortgage documents, thus, creating a legal “can of worms” for himself. The finality of truth brings with it a reality check.

All semblance of logic goes right out the window in favor of emotion. This is one major reason this author created the Clouded Titles website and wrote the book by the same name back in 2009-2010 (officially released in December of 2010). In order to get in this game and play it well, emotion must be replaced with legal logic and right thinking.

If you’re like most Americans, you place blame on others for your own shortcomings. Shortcomings however do not replace mistakes. But what if you’ve been blindsided with facts you know not to be true? How do you cope then? Most Americans would let their emotions “out of check” upon realizing that the banks messed up their own paperwork and that now they (the homeowners) are paying for it!

CHAINS OF TITLE TELL STORIES … STORIES THAT DON’T LIE!

Without a doubt, the author’s previous PART I post disclosed that two independent examinations of the land records in Texas and Florida demonstrated the rampant use of false documents, one of which came to light in the U.S. Bank, N.A. v. Harpster case in Florida:

And this is not the only case either. In another Florida case, the bank’s attorneys came into court with not one but three different versions of what they claimed was the “new and improved” promissory note:

And on the witness stand, in another Florida case, Erica A. Johnson-Seck admitted to be a “robosigner”:

And the foregoing case found its way into a New York State foreclosure decision!

Sadly, a lot of homeowners run to bankruptcy court, thinking they can stave off a foreclosure. All this does is kill their credit scores to the tune of 450 points for up to 10 years! Even the federal Office of the Comptroller of the Currency calls bankruptcy “a stall tactic”. But what happens when the bank runs into bankruptcy court and lies about its “position” in the chain of title:

STEALING PEOPLES’ HOMES FOR FUN AND PROFIT!

The foregoing headline was spouted by a foreclosure defense attorney in Texas during a discussion of a workshop he attended that was held by foreclosure mill attorneys. One of the attendees, whose name repeatedly surfaced in the Williamson County, Texas Real Property Records Audit, Stephen C. Porter, appeared nervous because after the audit was released, he was exposed to the world as a “robosigning attorney”. This is where things get dicey for Mr. Porter, because this author looked up Mr. Porter’s Texas Deed of Trust and compared the signatures of the robosigned documents to those of Mr. Porter’s own mortgage note and they were unbelievably different from each other. In fact, it appeared as if the signatures may have been put there by his notary!

All of this of course, leads up to the discussion of the intent to defraud … the homeowner, the land records and the judge. This author believes that all foreclosure victims deserve their rights to due process and that any “officer” of the court, which an attorney is, should lose their “sovereign immunity” if they omit, lie or cheat their way through a foreclosure and steal someone’s homes using false documents which they themselves may have had a hand in!

It’s just that when homeowners win, they become like electricity, seeking the path of least resistance and crawling back into their comfort zone. They have no interest in follow-through to see that the party or parties creating the phony documents, which still continue to litter their chain of title like a hooker with AIDS, are brought to justice.

The time to attack these phony documents is BEFORE the foreclosure starts, not AFTER! In the Harpster case, the attorney at least had the gumption to research the assignment and talk to the bonding agent and obtain an affidavit which stated the notary did not have a valid commission at the time David J. Stern’s own secretary (Cheryl Samons) executed the assignment.

ALL IS NOT LOST IF YOU CHOOSE FOLLOW-THROUGH … WIN OR LOSE!

In a recent foreclosure case decided in a Mississippi Chancery Court, the judge, who is covered by the State’s risk pool as to her liability, gave the defendant homeowner 7-1/2 minutes to present his case and despite the best evidence presented in that amount of time by the homeowner:

  1. The judge decided he’d had enough time because (as she previously announced to the court) the judge had to leave to go to her daughter’s volleyball game;
  2. After making her ruling, the judge commented that it must be rough “looking through rose-colored glasses, having lived in a $274,000 home for free for over 5 years.” This clearly indicates bias;
  3. The other side’s attorney’s complaint was deficient, partly due to mismarked and improper exhibits that the judge refused to allow to be stricken from the record when objected to; and
  4. Given the judge’s social calendar, it’s obvious she cared more about not being in court versus simply making snide remarks when the evidence presented supported the case actually going to trial.

This is where the system of things HAS TO “kick into high gear”.

After seeing and hearing the results of this case … and here goes the “if it was me” diatribe, the author would:

  1. File a complaint with the Mississippi Judicial Review Board against the judge.
  2. File bar complaints against the three attorneys who “touched” the case, because they inadvertently and purposefully omitted evidence which would have pointed a finger directly at law firm involvement in the manufacture of an assignment used to give the plaintiff (LSF9) standing.
  3. File a Motion for Reconsideration in a timely manner (10 days), citing those things that the judge failed to take into account before making her decision (all administrative appeals and alternative moves must be taken before proceeding to filing a State Tort Claims Act action).
  4. The timetable for the due process violation (under the McDonough v. Smith case), according to the U.S. Supreme Court decision, begins to run when the final adjudication has taken place.

Could the homeowner have won his case (or in the alternative got his matter set for trial) had he retained counsel to defend his home? Maybe. That is a story for another day because it involves unwrapping the mindset of why homeowners (and the public at large) don’t trust attorneys.

There is some room for argument here that the damage would actually occur when the home is sold and the homeowner is evicted, but my non-lawyer take here is that the judge’s ruling set the clock in motion because it represents a final decision for which other actions (eviction) could follow.

AS TO THE JUSTICE SYSTEM, JUDGES SHOULD PAY FOR MAKING BAD DECISIONS RESULTING IN CIVIL RIGHTS VIOLATIONS!

Attorneys have errors and omissions policies. Robosigners are supposed to be bonded and have errors and omissions insurance naming them as a “covered party” in order to be a robosigner for MERS. Judges have bonds. Some judges have bonds with their own respective counties. Other state’s judges are paid by the state to be a judge, which means the State’s own “risk pool” (a big pile of money which pays out damages for provable civil rights violations) is ripe for the picking. Those who have the fortitude to file a 42 USC § 1983/1985 action may have the opportunity to realize justice when it’s used to get an attorney disbarred, get a document manufacturer prosecuted or get a judge tossed off the bench for aiding and abetting felony perjury.

The proof must come “in the pudding”. One cannot simply wave an alleged phony document around in front of the judge without implicating the parties that were involved in creating it. Justice is never served unless you can reach into the pudding, the likes of the Harpster case or better, and bring up the evidence required to show you were deprived of your due process rights by the Court and its officers. In the Harpster case, the judge who ruled in favor of the homeowner (Hon. Lynn Tepper, the author believes) was driven or “persuaded” to leave the bench by the political judicial hierarchy, because she was a fair judge and recognized fraud on the court for what it was. This judge did not simply take the bank’s word for anything, given the proof that was provided … stuff that this author has been sharing from an investigative standpoint for years.

This shows you how much “control” the banks have over the court systems in this country and why it’s likely a judge may be the culpable party in siding with lies by the attorney for the servicer. No one likes a liar. Liars deserve to go to jail if they participate in the thievery of stealing someone’s home using evidence that is manufactured or conveniently altered or omitted in what appears to be the commission of a crime.

And THAT is where the criminal justice system intertwines with the civil justice system. And if anything, police brutality should be the least of our concerns when “the system of things” is tainted with bias.

And this is exactly the reason WHY the author elected to do an online Foreclosure Defense 101 Workshop … because right thinking is called for here.

Stay tuned for PART III

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Foreclosure and your civil rights: A judge rules against you in spite of questionable land record documents … what to do next? (PART I)

(OP-ED) — This overview of cases involving civil rights abuses are the author’s opinions based on his legal research and are for educational purposes only and should not constitute any rendering of legal advice or seek to draw any conclusions of law. The first five points are discussed below:

The time at which a § 1983 claim accrues “is a question of federal law,” “conforming in general to common-law tort principles,” and is presumptively–but not always–“when the plaintiff has ‘a complete and present cause of action.'” Wallace v. Kato, 549 U.S. 384, 388 (2007); Manuel v. Joliet, U.S. Sup. Ct. No. 14-9496 (2017).

— As cited in McDonough v. Smith, U.S. Sup. Ct. No. 18-485 (2019)

This post is circumspect as to the discussion of the items postulated within the land record audit and forensics investigation conducted by the author and his team of researchers in Williamson County, Texas (2012-2013) and Osceola County, Florida (2013-2014), respectively. Anyone who has read through these 179-page and 758-page reports will realize that they are just that … the means to call out an injustice that should have come to light, but never did, during the period following the 2008 financial collapse. Over 10-million homes were taken through both judicial and non-judicial means … and this case, coupled with several others discussed in this post, culminate into what the author has determined is a potentially valid 42 USC § 1983 civil rights claim, which must be filed in federal court in a timely manner.

FALSE AND MISREPRESENTATIVE STATEMENTS

As both of the foregoing reports concluded, documents numbering into the tens of thousands poured into the land records of all 3,041 counties and boroughs across America, each containing false and misrepresentative statements that predicated the actions taken by the banks’ servicers. These documents were generally created under the orders of the servicers themselves and were generally executed by the servicers’ employees, posing as Assistant Secretaries, Vice Presidents or other “loan documentation” employees of the servicer, posing as representatives of the alleged Lenders “in an official capacity”, when in fact, many of these signers were $10/hour paid flunkies who sat around in cubicles and signing rooms, affixing their signatures and notarial seals by the hundreds … per hour, without reading or knowing of the contents contained within the documents as to their validity!

Better than 99% of these documents continue to litter these same land records to this very day and only about .001% of Americans are the wiser.

POINT #1: When the alleged civil rights infraction has occurred

In the McDonough v. Smith case, which was based on a New York State criminal action, the action came to rest in the hands of the United States Supreme Court, which decided on June 20, 2019, in a very narrow opinion, that the action taken by elected official McDonough against prosecutor Smith was untimely. The allegations were based on the alleged manufacture of evidence against McDonough by Smith, not once, but twice. Due to this prosecution (by Smith), McDonough was deprived of his liberty (put in jail) due to this allegedly manufactured evidence. From the foregoing statement that is highlighted in bold-faced type, you can clearly ascertain WHEN you get to file a civil rights-based lawsuit … AFTER your foreclosure has been completed against you and you’ve lost your property at sale.

POINT #2: It is assumed that you are taking notice of the offenders

In order to make this case in point, the author is relying on the assumption that anyone reading the audit and forensic examination will come to realize that not all is copacetic in assignment-land. It is the assignment of the mortgage or deed of trust that is posited here as “manufactured evidence”, to be relied upon for a “conviction”, even though the intended venue is the civil realm and not the criminal. However, the alleged criminal activity involving the manufacture of the documents, which generally appear years after the alleged transfer of notes into REMIC trusts or some other junk debt pool, which says it’s a trust but in reality is nothing more than a third-party debt buyer deceiving both the land recorders and the civil judges alike, is at stake here due to the reliance of its validity.

It is further assumed that every party involved with or “touching” that assignment from its inception to its recorded form and relying upon it thereafter in the taking of your home, knowing the statements contained within said assignment were false and misrepresentative, is McDonough in the civil realm. The documents predated a civil prosecution (foreclosure) and were manufactured as part of a suspected criminal act.

To make it more plain and simple, YOU, the homeowner, did not deceive the land record, the servicers’ employees did. Maybe the law firm acting on behalf of the servicer did by furthering the lie. Maybe the judge knew or should have known that the documents in the case in chief contained questionable statements; however, chose to ignore them for the sake of convenience in clearing off a packed court docket without giving the homeowner (or his attorney) a chance to prove that the prosecution’s case was based on false evidence.

POINT #3: The aspects of perjury and the subornation thereof

18 USC § 1621 (in pertinent part): “Whoever–having taken an oath before a competent tribunal, officer or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contract to such oath states or subscribes any material matter which he does not believe to be true … is guilty of perjury and shall … be fined under this title or imprisoned not more than five years, or both.”

18 USC § 1622 (in pertinent part): “a person convicted of subornation of perjury may be fined $2,000 and sentenced to up to five years in prison.”

Under the latter, there are five elements which must be proven: (1) that the defendant make an agreement with the person to testify falsely; (2) that the perjury was in fact committed by the offender; (3) the false statements of the perjurer were material to the outcome of the case; (4) that the statements were made knowing of their falsity; and (5) there must be proof that the procurer had knowledge that the perjurer’s statements were false.

This is one of the key issues presenting itself as to the “further than arm’s length transactions” involved in foreclosure so as to create plausible deniability on the part of the perpetrators. Much of this can be ferreted out in depositions, which California attorney Al West has seen first hand.

POINT #4: The recorded alleged false statements in the land record

From the fact patterns discussed in the two foregoing reports, which are shown here for your review (if you so choose) …

… it became obvious to the author (in compiling the data shown in each of the reports) that a fact pattern involving timely suspect behavior occurred at about the time of the prosecution of the foreclosure, despite the fact the alleged information contained within the assignments that showed up in the land records just prior to (or in some cases AFTER the foreclosure action was started) the foreclosure case had indeed occurred.

It should also be noted here that these reports were not indictments, but merely “call outs” to alleged misbehavior on the part of third-party document mills or deceitful acts authorized or carried out by the mortgage loan servicers themselves. In March of 2012, the servicers collectively told the states and the federal government they wouldn’t create suspect documents and record them in the land records anymore, but as history shows (as demonstrated by the audit and forensic examination), no sooner was the ink dry on that agreement, it was back to business as usual.

Thus, the chains of title have been presumedly corrupted by this behavior, which of late, has gotten more sinister in nature, covered up by recorded powers of attorney that appear to grant some sort of authority to misbehave in the drafting of such documents, with no one the wiser.

POINT #5: The statements made within the foreclosure process itself

The next set of documents that appear suspect in the prosecution of the actual foreclosure itself are shown to be that of the “affidavits” or “declarations” made by the servicer’s employee, attached in similar form to both judicial and non-judicial actions. The difference here is that the non-judicial action contains a recorded statement known similarly as “Notice of Default and Election to Sell” and “Notice of Trustee’s Sale”. In both instances, these recorded notices contain the alleged suspect statements, predicated by the suspect assignment, then followed by the alleged “Appointment of Substitute Trustee”, which is not “neutral” by any means.

The judicial aspect involves the filing of a foreclosure complaint and the sworn declaration that accompanies the complaint filing, assumedly from the lender’s representative, when in fact, it’s the servicer’s employee making the statements. These statements then find their way into the initial court case filing.

The second “whammy” is when the servicer’s employee, who has been assumedly “coached” as to how to testify, many times in mock trials at the servicer’s headquarters so that their testimony is groomed to become so believable that the homeowner’s attorney swears the employee is telling the truth, that this is where the suspect “open court subornation of perjury” indeed occurs because: (1) the person testifying has been educated by the servicer to become a professional liar; and (2) the person testifying is relying on the suspect manufactured documents created by others and recorded in the land records of the county the subject property is located in.

HOMEOWNERS CAUGHT UNAWARES

As history has shown us, when the foreclosure debacle first started to litter the courts with cases, 97% of the noticed homeowners “cut and ran” without even entertaining the options. Their “Come to Jesus” meetings were based on fear of a bad result, predicated by a string of unfortunate events, which forced them to simply pack up and flee. The banks and their servicers were counting on this … and they succeeded admirably.

The other 3% of homeowners attempted to retain unlearned attorneys, who were naive as to the trickery committed not only in the land records, but through the MERS® System of things and the illicit behavior of the foreclosure mills … and bad case law affecting homeowners. It took awhile for these defense attorneys to come to grips with what was actually going on … and by then, even the judges were led to believe that what they were doing was above board, when in fact, it was based on manufactured evidence that should have been brought to light beforehand.

And this is why the author and California Attorney Al West created:

The C & E on Steroids!

… because these declaratory relief actions should predicate the foreclosure action, not only creating delays, but to serve as a warning to those who would involve themselves in the chain of deceit involving the taking of a person’s property.

Sadly, 99.9% of all homeowners fail to understand this strategy, which could force a court to quiet title to any given piece of affected property and potentially cause a criminal action to be pursued against those committing perjury and suborning perjury in their sworn statements of record.

What most foreclosure victims also don’t understand is that the application of a civil rights action is also predicated on the denial of declaratory relief, which is the basis for the Cancellation & Expungement (C & E) Action.

Everything that the author has discussed in PART I is the “set-up” to what liability could be ascertained throughout the foreclosure case itself, which a person with some skill and knowledge could do the research on to identify the most likely culpable targets therein.

IN PART II the author will discuss the pertinent parts of various cases in which the courts have identified these misrepresentations and what part of “all is not lost” applies to you, even if you lose on appeal. Yes, there are administrative remedies which have to be exhausted if one is going to go after an attorney, a judge and/or the county that pays them … and how the counties insure themselves against liability … out of a self-insured risk pool.

IN PART III … the author will discuss the attack strategy in the realm of 42 USC § 1983 and 42 USC § 1985, focusing not just on the perpetrators of the phony documents, but also at the attorneys involved in the prosecution of the foreclosures and the judges and the counties that employ them when the judges make bad decisions (like Al West says the judges say to him when approached about the documents, “What else ya got?”), which could make them accomplices to perjury and the subornation thereof.

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THE LESSER OF TWO EVILS

(Op-Ed) — The opines here are never construed as legal advice. They’re just a bunch of IMHO’s with a little common sense thrown in!

I received an email from a fellow in Ireland (County Kildare to be specific), wishing to order a copy of Clouded Titles. I was rather taken aback at why someone from “the other side of the pond” would want to order a copy of this book. Further “enquiry” (which is the Irish term for our “inquiry”) did elicit a response I wasn’t expecting … that Irish citizens have taken up a resistance to the same chicanery by the banks and their barristers there! They apparently have discovered that the notes and the public records don’t make sense and word has it, they’ve even caught barristers lying to the judges in court in trying to steal peoples’ homes in foreclosure … and apparently, there is a movement afoot to expose the entire fracas!

Never having direct exposure to their “system of things”, until I make further enquiry into that country’s dilemma, all I can determine for a certainty is that Ireland has a housing shortage of over 100,000 units and now their foreclosure processes have kicked into gear and have been for some time, with Ireland in lockdown (worse than California). Imagine Ireland with no pubs open? Oh feck! No Guinness? (… and their Guinness is sooooo fresh over there you can’t hold a candle to what we drink here.)

Since we have the International Monetary Fund (IMF) in existence, I can only surmise that the same foreclosure scandals are happening in hundreds of other countries across the globe. Many years ago, a fellow in Australia emailed me to tell me the same securitization crap was happening there … and in Western Australia, they’ve now legalized forced inoculations where they can literally seize you, take you to a private location and strip you naked and stick a needle in your butt! The shapes of things to come.

Now Dr. Anthony Fauci (the alter ego of Dr. Josef Mengele), wants to have a federal mask mandate, flip-flopping on his previous agenda that wearing masks aren’t going to help stop the spread of coronavirus. In fact, there are suppositions about that a “federal lockdown” of the U.S. may occur if a certain presidential candidate gets elected. I shudder to think this country could survive another mandated lockdown without some sort of civil unrest the likes of which were previously precipitated by bad police behavior.

The City of Punta Gorda, Florida’s city commission opted to put a mask mandate into place, forcing everyone to wear a mask when entering a place of business. Guess when it expires? November 3rd. What does that tell you?

By now, with the Hon. Amy Coney Barrett officially sworn in as the new U.S. Supreme Court justice (and the party line dictates and political bitching that ensued), pre-election, we can either say that the President (Trump) was doing his official Constitutional duty or conservatively stacking the deck in favor of a majority of folks he thought would lean to the right. Given the responses of Judge Barrett, I’m not so sure she’s not a right-thinking moderate and will be an asset to the discussions surrounding all of those diatribes that the Democrats have attempted to scare the population with. After all, she does have children of different persuasions. I get her belief system and her compassion, rooted in family values, but taking exception to individualism. The Constitution guarantees the general welfare; not the rest of everything that’s been thrown at us since 1913.

Come November 3rd, no matter what political leaning you subscribe to, it is a fact that the President can attempt to dictate public policy, but COVID or no COVID, this country was doing exceptionally well before the bioweapon hit the U.S. Weigh the consequences before casting your vote. Further, the President doesn’t make the laws. As the country’s chief executive, he can make suggestions, but he’s not the one that votes “Yea” or “Nay” to get it done. He only signs off on what Congress has done if he agrees with its decision. People spend too much time watching the 3-ring media debates, technically geared toward socialist policy, in an attempt to further the Hegelian principle I spoke of in a previous post … create a problem, spread the fear and confusion surrounding the problem, with a solution already in the works, created before the problem occurred with the intent to invoke the solution, claiming the sheeple want it and thus are entitled to have it.

The issues surrounding the political climate in America are generated by those inside the Beltway … in my book, with sinister intent.

Verily I say unto you … if government agents provocateur weren’t involved, you wouldn’t have securitization, which allowed the banks to play in the secondary mortgage markets with the ability to make gobs of money off the backs of hard-working Americans … nor would you have a virus that was sent to Wuhan, China with $3.27-million of our taxpayer dollars for further “cultivation” and subsequent release on the world by a not-so-transparent government monster. In both instances, the U.S. government was involved in some way. And our Congress thinks we should open our doors back up and deal with China? I personally believe protectionism (i.e. border walls, bringing manufacturing jobs back to America, rebuild the infrastructure) is what this country needs right now because we’ve got too many of our own problems to deal with here rather than trying to “buy our friends” elsewhere for the sake of political expediency … using our tax dollars to do it with.

The Foreclosure Defense 101 Workshop is now available on demand. For the average person out there who will soon be or is now at risk of losing their home, this is a token investment in your future. If you don’t get an answer to your growing concerns over “fight or flight”, you will after watching this recorded 4-hour webinar and reading all of the PDF handouts you get in your inbox! We even talk about the dirty tricks played in court against homeowners who don’t understand HOW TO fight and how the average litigant should counteract. We’ve even included extra “stuff” not included in the syllabus, which you can read on the Clouded Titles website!

Recognize that no matter WHO you think is really in the driver’s seat come November 4th, your vote still matters … the moratorium is still going to end … and we’re still facing another foreclosure shit show!

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REAL ESTATE AGENCIES, TITLE COMPANIES GEAR UP FOR MASS FORECLOSURES … UPDATE!

(BREAKING NEWS, OP-ED) — The information being offered in this post is current as of October 21, 2020 as of 12 noon Eastern Daylight Time and should be considered as to reasons why the foreclosure crisis is imminent. Any opinions offered are the author’s and do not constitute the rendering of legal advice. This post is for educational purposes only.

UPDATE: The webinar was held by a spokesperson for the Fidelity National Title Group (FLORIDA) at 11:00 a.m. EDT. Here’s what came of it all:

(1) FNTG’s “Agent Advantage” presentation was appealing to agents to become REO “handlers” of properties that are likely to face foreclosure, especially after the 1st of January. Homeowners that are in default with government-backed loans are going to get 120 days notice prior to the acceleration of the note. Those who don’t cure their loans will find themselves in the middle of a foreclosure proceeding, whether in a judicial or non-judicial format.

(2) Despite the fact the webinar was geared more toward Florida foreclosures, there were several key items of importance … especially where the title company downplayed what might happen if an REO-type Realtor® were told by the bank to go inspect the property, either by drive-by and/or personal knock-knock … the spokesperson used the language, “they might let their pit bull loose” or something worse, without saying that the Realtor® might get their ass blown away by a pissed off homeowner with a shotgun that doesn’t feel like leaving because they’re scared they’ll get COVID-19.

(3) All of the asset management companies that went away because the last foreclosure crisis dried up are now going to start popping up again and the spokesperson gave several locations of where to find these scalawags when they manifest themselves.

(4) If you’re a tenant, the U.S. Government says you have to be given a 90-day notice to quit. In the alternative, the bank might let you ride out your lease as long as you pay the bank your rent money. Heck, you might even make the bank an offer and finance the property out of the foreclosure!

Part of the issue here is that due to the pending foreclosure crisis … and I believe (in the first person here) that you are being given sufficient warning to understand that there will be a crisis … it’s just a matter of WHEN … how can you liquidate properties that are actually insurable when the titles to most of these properties are clouded? (I could have used another more definitive expletive to describe title conditions but I won’t … you get the picture.)

I believe the investor community will come out in full force looking for bargain basement opportunities to score on what may turn out to be another rash of shadow inventory flooding the market. In order to meet these demands, real estate agents must know how to deal in Real Estate Owned (REO) properties and how to process them, whether it be through short sales or actual seizure by parties that might not be entitled to take them. To that end, real estate companies that handle REO properties are going to be looking to hire (retain) additional agents to handle this mess.

Further, title companies have to issue policies covering the defects in title if these REO’s are going to be liquidated. The problem is … they can’t … not without a Schedule B exception. This means if an investor acquires the property that has been taken “hook or by crook”, chances are he’s going to get a quit claim or special warranty deed that exempts the alleged “grantor” from all liability connected with the purchase of the home, which in essence means that the only thing the home can be used for is rental income, at least until enough time passes when a title company will insure that property. Whatever the case, it’s going to be a free for all in the REO market.

You can bet the banks won’t be the ones doing the foreclosing either. It will be their mortgage loan servicers, who have been paying all of these delinquent bills on behalf of the borrower to the investors of the REMICs and junk debt pools (like LSF9). These shysters will go to great lengths to make their stories plausible, the likes of which make for a great criminal complaint to the county sheriff.

CRIMINAL COMPLAINTS … FALLING ON DEAF EARS?

In my book, if your State has a criminal code or statute that says it’s illegal to record documents in the land records that contain patently false and misrepresentative information, then a criminal prosecution should result. The problem is, 99.9% of homeowners do not understand what their rights are when it comes to challenging criminal issues. Nope, it’s not a citizen’s arrest. It’s a citizens formal declaration to law enforcement that a crime has occurred and a demand to law enforcement to do something about it.

To my knowledge, dozens of complaints have been lodged with county sheriffs all over the U.S. and nothing is being done. Virtually none of these complaints is being investigated. The excuses?

“We don’t have the manpower to investigate white collar crime.”

“This looks to be more of a civil matter rather than a criminal one.”

“I don’t see any injured party here.”

I’ve heard these excuses directly from the mouths of sheriff’s investigators and district attorneys I’ve met with. Two detectives from Osceola County, Florida actually had the chutzpah to tell me that the items I stated in the Osceola County Forensic Examination were “victimless crimes”.

And California attorney Al West was sitting right there beside me and heard it all, in total shock and disbelief. His comment was, “You guys are way in over your head. This is way above your pay grade.”

This is why you have the power to attack the bonds of the sheriff and the district attorney if they refuse to investigate and prosecute your complaint. The bonding information can be acquired through the County Attorney, County Executive or the county’s Risk Manager. You simply complain to the bonding company that the county violated your due process rights regarding redress of grievances under the Constitution and get your 42 USC § 1983 paperwork in order. Start with obtaining the bonding agent’s name and complete contact information. It may take you all the way into the State’s very own risk pool (a big pool of money used to pay off indiscretions carried out by public officers against the injured) in the form of a Tort Claims Action.

Again, I recall a recent post where I posited two cases, one written by Hon. Amy Coney Barrett, where due process rights come into play if “the other side” uses dishonorable means to prosecute a case:

The other case was a ruling from the U. S. Supreme Court:

What’s just as bad is when a judge goes along with all of this bogus paperwork and thinks that he/she doesn’t have to answer for any defective paperwork, even after being put on notice by the court that he/she could be an accessory to fraud on the court and/or perjury and/or subornation of perjury by the foreclosure mill attorney of any witness put on the stand if he ignores your warning.

This is one of the key items we’ll be discussing in the upcoming Foreclosure Defense 101 Workshop this Saturday (October 24, 2020) from 10:00 a.m. to 2:00 p.m. EDT, which is being offered as a online webinar. Can’t attend? That’s okay. We’re going to make the entire webinar recording available afterwards, so don’t panic … yet. Remember, there is a foreclosure crisis looming and we don’t want you to be a victim … at least not without a fight.

If you don’t know your rights … you don’t have any.

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10 DAYS OF DARKNESS? REALLY?

(Op-Ed) — I’ve heard this expression more than once in the past few days. I pondered this for a minute and then decided it was time to turn on my office light, get on the blog and post the following:

AMERICAN PANIC

Yes, as we approach the November 3rd elections, we see more hatred for our fellow Americans because of political influence and disinformation. I’m more concerned with the disinformation than I am with the political influence because in my book, politicians will say anything to get elected. However, it’s what they don’t say that worries me more. It’s what’s not written in their agendas that is propagated on the internet that gets my goat sometimes, much the same as it does you, whether you subscribe to “Q” or not.

I am confident that Hon. Amy Coney Barrett is going to win the nomination to fill the seat vacated by the death of Justice Ruth Bader Ginsburg and the politicos are all going to go schizo over the fact the bench was “stacked” with conservative judges right before the election. Again, I posit that the Constitution of the United States gives the President the right to fill vacancies on the Supreme Court, whether you’re a Republican, Democrat or a Libertarian like me. It doesn’t matter. If you support the Constitution of the United States and what it stands for, then you shouldn’t be in a panic because the President did his sworn duty.

BAD RELIANCE ON THE “STATUS QUO

It is unfortunate that the status quo wants to revel in discontent. Nothing pleases them unless it caters to their agenda. Deep State plays within the status quo. Deep State plays within the medical community and within the intelligence community. Most everyone has that sinking feeling that the NSA is Big Brother, Snowden or no Snowden. Understand that both sides of the aisle have contributed to the mess we’re in (and I’m talking about Congress here) yet come election time, Presidential candidates hang their hats on and take credit for all of the successes created by Joe Public.

It is a proven fact that people don’t like having to pay taxes. Once they fill out a 1040 Form they are forever obligated under the law to fill one out every year, declare their earnings and pay a tax. We don’t get paid to sit there every year and sift through all our receipts and determine what we can write off and what we can’t, depending on what the Status Quo demands via legislation every political cycle. Of course, not everyone is self-employed. If everyone would form an LLC and be their own boss, there would be more opportunities for write-offs.

And the status quo balks because President Trump purportedly only paid $750/year on his taxes. Again, I point to the law of the land and ask simply what law says that the rich can’t use the tax loopholes provided by Congress to avoid (not evade) having to pay gargantuan sums of money come tax time? I love it when half the Status Quo says we need to gouge the rich and give it to the poor. They seem to forget that the rich got that way because they worked smart and used the system’s own tools to grow their businesses. And for that, they should be penalized and made to share their wealth with people who don’t want to work at all? Seemingly, that goes against Biblical principles. If the rich can create more jobs using their existing wealth, wouldn’t having a job be better than not having one?

There are rumors of a “debt jubilee”. Frankly, I don’t see a federal mandate wiping out all of our debts so we can start over and those who found advantage with it will party like it’s 1999 and spend themselves into oblivion again. That too is a vicious cycle promoted by the status quo, which will never permit a debt jubilee, done through Executive Order or not. The banks cannot be harmed and the banks have so much influence over the Status Quo that if they were harmed through massive debt forgiveness, they would retaliate in such a manner that would indeed cripple this country. I wouldn’t be a bit surprised if the banks funded an EMP strike on the United States so we’d all be back in the Stone Age, given the banks’ behavior in the foreclosure process that’s happening now.

SATURDAY, OCTOBER 24, 2020

It’s interesting to note that our Foreclosure Defense 101 Workshop falls within this alleged “10 Days of Darkness”. It’s scary to think that at a point in time in the future, the banks are going to come after tens of thousands of homeowners (as much as landlords are going to come after deadbeat tenants) and force them out of their houses, hook or by crook. It’s the “by crook” part I’m worried about because of securitization and the resulting lost or forged paperwork to “patch things up” to make the banks’ stories to the courts more plausible.

I chose to hold this workshop BEFORE the November 3rd for good reason … because of the uncertainty in the shift in political climate following the election cycle, which could turn into a menstrual cycle (a blood bath) of monstrous proportions if the Status Quo gets riled up enough to cause more civil unrest … another uncertainty. This is why more and more Americans are stocking up on guns and ammo. I suggest caution before action here. You can only defend yourself using lethal force if your life is threatened to the point of furtive action by your assailants. Many states do not have laws like Florida’s “Stand Your Ground” law and there will be hell to pay if you “step over that line” in trying to protect yourself or your loved ones.

DISTILLED DISINFORMATION

At this juncture, there are very few media outlets that are reporting the truth … all are fear mongering, speculating, accusing and tainting the narrative with all sorts of watered down mischaracterizations of our current scenario. We are not bound to believe any of it, whether it be forced mask wearing, which has been found to cause more cases of COVID than not, or whose got their hands into what country’s pockets. Do you actually think that staying home and not voting is going to make a difference?

I can tell you with a certainty that NOW more than ever, your vote matters. Look at the facts of each issue and research them for yourself. Don’t make snap decisions based on the false narratives pontificated over mainstream media. Frankly, you don’t know whether Deep State is behind the diatribe or not. Look at the bright side, the number of independent voters out there have already made up their minds whether they want to get dinged for higher taxes in the future or whether they liked the way the economy was before COVID-19 hit.

Recognize also that COVID-19 is a biological weapon, created in a lab for the purpose of destroying our economy so it could be used for political gain. It’s pure and simple biological warfare. There’s no getting around it. Most of America will survive it, mask or no mask. Social distancing or no social distancing. It’s still a biological weapon and the United States was playing with this in the labs at Duke University at Chapel Hill and shipped it off to China to be further “toyed” with, along with $3.27-million of our tax dollars.

The NIH (Fauci) was involved in this transaction. A Chinese virologist has admitted COVID-19 was created in a lab. Screw the seafood market theory. China knew about this weapon and what it was doing to its own population back in October of 2019. It was hidden from our President and America as a whole. It was unleashed with the intent to create economic and political turmoil … and we all let it succeed … led by our fearmongering politicians, many of whom overreacted by shutting down our economy, for which the President had no direct control. Yet people still blame him for the shutdowns? You see, this is where America became a nation of fear and not addressing these issues logically. Half the country still cowers in the corner over this whole thing, in denial that blame shouldn’t be placed where it deserves to be placed … the NIH and Wuhan.

If you think for one minute that 10 more days is going to make a squats difference here … you are still feeding off the fears created by Deep State. These bureaucratic factions want complete control over you and your life. Please reference Georg Hegel’s work. Here it is in its simplistic form:

Step One: Create a problem – Create the notion that a problem exists, blow it up out of proportion, even if the actual outcome is less than what it is purported to be. Then, use the problem to scare the shit out of the masses.

Step Two: Publicize the problem, create opposition to it, create turmoil in the public by offering multiple scenarios to confuse the masses so they all turn against each other – Relentlessly place stories about this problem in the major media outlets. This has happened as the result of the COVID-19 scare. The news media has made it their political agenda to place blame on President Trump in support of the liberal left, who want to take control of YOU and your person. It’s the steady drumbeat and a truism for the public who then begin clamoring for a solution to this problem.

Step Three: Offer a solution – TA-DA! The best solutions are those that appeal to the emotions of the public and make them think something really good is being done for them, when in fact, something really bad is being done to them. This solution is one that the public never knew it needed until the conditioning of Step Two was successfully completed. In this case, it’s the vaccine! And we have no idea what’s in it, even if the President has promoted it as safe. If the drug manufacturers are being held harmless (you can’t sue them if it kills your family member) from all legal liability, then why should we think it’s safe? Let Congress take the vaccine first. If it’s that great and they’re all still alive in six months, then it’s okay for everyone else to take it, so long as it’s the same vaccine and not some Manchurian Candidate shit. Deep State is in bed with the technocrats who want to use AI technology to monitor your heart rhythms and regulate your existence!

A DAY OF REASONING … NOT RECKONING

A majority of Americans surveyed (multiple times) have indicated they will not accept the vaccine … for a number of reasons: (1) they don’t know what’s in it; (2) they think that they’ll be injected with strains of COVID, HIV or malaria; (3) they think Deep State and Gates have factored in a biochip, where the “new and improved” 5G networks can be used to regulate our human physiology and even cause our bodies to shut down (instant heart attack and no one is the wiser); and (4) they flat out don’t trust the government and anything it stands for, even if they did get a flu shot before.

The media, especially those talking heads that are full of themselves, would like you to believe that they’ve got the answer. In fact, they’ve become the problem. Nothing they say can be trusted because it’s all based on their opinions, lightly seasoned with watered down facts to make it more palatable. Ours is not to question why? Seriously?

WHAT FOLLOWS NOVEMBER 3RD ISN’T GOING TO BE PRETTY

If you want to look at America’s “dark side” wait until after the elections.

One certainty is this … in short order, there will be a severe uptick in foreclosures and evictions and the economy will be thrown into another state of political turmoil.

But look at the bright side … if you or someone you know could fall victim to foreclosure (or face eviction as the result of foreclosure) … here’s a simple way to delay foreclosure (“buy time”) so you can execute on Plan B:

FORECLOSURE DEFENSE 101 WORKSHOP

10 Days of Darkness? Really? Someone turn on a light.

Time for a reality check.

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