THE REAL REASON THE REMIC WANTS YOUR HOUSE …

(OP – ED) — THE BIGGER LIE …

I wonder if you can actually put a figure to what you’ve been paying attorney(s) to defend your foreclosure, thinking the REMIC is just going to roll over and play dead and you’re going to get a free house.  I’ve got some startling news for you … news that has never been posted online by me before.

REMICs will not agree to a short sale!

It’s one thing if your property has seriously negative equity.  It’s quite another (these days) when it doesn’t matter what the foreclosure sale nets.  Why?

The REMICs want the foreclosure (and this comes straight from the REMIC’s attorneys mouths) is … wait for it …

If they accept a short sale, the Trustee (Administrator) of the REMIC has to pay the difference between what the property sells for and its face value (the value of the note).  If the Trustee forecloses, and the property sells for whatever, the investors who actually funded the REMIC “take it in the shorts”!   Thus … by foreclosing, the REMIC will not have to pay out any sums (or any of its profits) for losses incurred upon foreclosure.

Now you know why the REMICs want your home!  Now you know why it doesn’t matter what the securitization audit says or what claim you might have to the relationship between the REMIC and the Investors who funded it (and actually funded your loan).

We’re back to the dirty land record paper however … and this is why you need this workshop!   Not only do you need to learn HOW TO overcome the paper trail … and if you should even bother … you also need to know how to recover from foreclosure, because 9 times out of 10, the REMIC is going to win.  The REMIC will not let you do a short sale.  It has no incentive!

So what excuse are you going to give me for spending all that money getting that securitization audit done?  All of those little fancy boxes on the page are nothing more than …

Boilerplate Bullshit!

We can discover the same thing analyzing the chain of title.  The bottom line is … if the document contains false and misrepresentative information, there’s a right way and a wrong way to go about attacking it.  The bottom line is maximizing time and cash flow and homeowners who are being foreclosed on seem to think they have both when in fact (1) their days are numbered; and (2) they’ve been using the wrong mindset to overcome foreclosure.

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BOTH QUIET TITLE ACTIONS AND C&E ACTIONS ARE DECLARATORY RULINGS! UPDATE!

(OP-ED) — The author of this post is not an attorney and thus cannot give legal advice.  However, based on the research contained herein, one can share without retribution; thus, let this be for your educational value only! 

UPDATE … NEW IDEA!  (Please move to the bottom of the article to read my thoughts on this!)

One judgment appears to be a “cheap date”, while the other judgment isn’t.

Which one is cheaper to prove?  Why … the C&E of course!

The “C&E” should become part of everyone’s vocabulary these days.  I can give you over 500-million reasons WHY a C&E is important to every American property owner.  The main one is adverse condition of title to over one-third of every parcel of land in America!  That’s the biggest reason.

How can you consciously sell a piece of property to another human being when there is clear evidence of chain of title issues present, especially when “MERS” is involved?

The C&E has been in the forefront the entire time, albeit not exclusively.  Everyone knows that quiet title actions have been around for centuries. But … and I use this caveat succinctly: Quiet title actions are more than just a simple step in clearing title to a piece of land.  Like the C&E, both matters involve an evidentiary proceeding.  Both are rooted in declaratory relief.  Both require a certain amount of discovery.  However, the C&E requires less discovery because you’re only targeting one suspect document in the real property records, while the Quiet Title Action focuses on the entire chain of title, leading back to the document (usually the mortgage or deed of trust) that plagued the chain of title in the first place!

Back in the days preceding the first financial collapse in 2008, mortgage brokers and their title companies were so quick to file stuff in the land records that: (a.) they submitted the documents incorrectly for recording; (b.) they submitted MERS-originated documents to the county recorder knowing full well that the borrowers encumbering their property had no knowledge their loans were being securitized; and (c.) they did this knowing that a majority of the documents being recorded contained information on loans that were designed to default years later, causing a huge rash of foreclosure actions that plagued the United States from coast to coast.

I can tell you with a certainty (after having lectured to hundred of various county clerks) that a lot of clerks (recorders, registers of deeds, etc.) these days still don’t understand what MERS is and what kind of issues became predominant after MERS-related assignments are recorded.  I have been asked from time to time whether we should sue county clerks and recorders and my answer is “NO” (not just NO but HELL NO)!  These folks are generally elected officials that have a bond.  These folks unknowingly became victimized by the “MERS process” as much as the collective body politic affected by borrowing that was intended to be obtained from the secondary mortgage markets.

In The C&E on Steroids! Attorney Al West and I bring forward the reality of challenging documents through declaratory relief, especially the documents created from 2004 through today.

Yes!  These entities are still “manufacturing” bogus documents and causing them to be recorded in the land records all over the country!

And what’s even more astounding … MERS and its parent have absolutely NO IDEA that the MERS name was being used in these assignments!

The culprits … 

Mortgage loan servicers, third-party document mills and title processing services are the guilty parties!

Secondary to these groups of land record predators are the foreclosure mill law firms prosecuting the foreclosures themselves!

The potential targets … 

All of the above … depending where they’re located.

Again, The C&E on Steroids! describes WHO these targets are … WHAT prompted them to become targets  … WHEN they became targets … WHERE they got involved as targets and WHY they are targets  … and more importantly, HOW the “system” played us in letting them become targets!

Wouldn’t it be nice to know WHO your enemy is BEFORE engaging them in a legal battle? 

This is why is becomes important to understand the principal of declaratory relief.  It allows us to obtain discovery to get at the “root” of the problem.

Most homeowners don’t get that.  They think, “Okay, I’m going to get pissed off and sue everybody!”  They let their emotions get out of whack, failing to recognize the tools available to isolate and attack individual targets to further corrupt a chain of title to the point where a county court HAS TO quiet title title in order to comply with marketability statutes!

California attorney Tim McCandless was recently quoted as saying:

” … the more recent strategy of attacking the assignment of mortgage and seeking nullification of that instrument has met with some success and it should succeed, because you are attacking the facial and substantive validity of that specific instrument and not the entire mortgage or deed of trust. That strategy merely attacks the technical requirements for creation and recording of an an instrument affecting title to real property and attacking the substantive validity of the assignment by revealing that the debt was not transferred to the assignee by a party who owned the debt.”

The success in doing a C&E would seemingly “cut the legs out from under” the perpetrator of any future alleged foreclosure, right?  It would stand to reason that without an assignment being present in the chain of title, the mortgage loan servicer and its counterparts that were probably the culprits behind the very assignment they’re relying on as a tool in their foreclosure arsenal would be affected directly by the “lack of gunpowder” in their magic bullet.  The only thing they’re attorney will say is, “These people just want a free house, your Honor!” because they don’t have anything else they can say that will evoke the emotion of the Court to screw the homeowner one more time!

The beauty of this process is that it can be used at any time prior to foreclosure without bringing the mortgage loan servicer itself into the fray.  And it can be used in both deed of trust and mortgage states!  All 50 states have statutory mechanisms for declaratory relief.  All 50 states have rights to attack phony documents!

Further, there is case law out there that has taught us much in the way of educational value!  That case law is described in The C&E on Steroids! 

In fact, the case law Al West and I discuss in this book and the related course materials SHOW YOU validity past what attorney McCandless previously described!

And it all revolves around a simple and concise declaratory relief action. Yet, homeowners will continue to go out and make a “mountain out of a molehill” (go overboard in citing every cause of action under the sun, thinking they’re entitled to damages), when a simple action designed to knock these bogus assignments out of the land record create a precedent of bad behavior on the part of those who would undertake the illegalities of trying to steal your homes!  This is not a pipe dream process.  This process has been used countless times and has been successful because of the patience and effort put into drafting the proper complaint against the proper parties, isolating them in such a way as to keep the matter in county court!

Federal courts will generally NOT hear these types of cases.  Suing the wrong party in a C&E will get your case removed to federal court, where the judge is likely to dismiss it, because federal law has already declared declaratory rulings to be discretionary.  In state court, judges do not have that option.  They HAVE TO hear that complaint.  This is why Al West and I decided to get to the bottom of the root causes for doing a cancellation and expungement action and extrapolate the material into something useful for the average American consumer and put it into an 8-DVD/book weekend training kit. America has to know there is a remedy out there that can be used to attack phony documents!

If you don’t know your rights, you don’t have any!

UPDATE!:  While I was having a conversation with an aggrieved party, the thought crossed my mind as to the type of attorney that would be GREAT to utilize for the C&E when the opposing law firm is your target … 

Who can you think of that isn’t intimidated by prosecuting attorney misconduct and malpractice? 

Legal Malpractice Attorneys (they prosecute malpractice for a living!) … add that to your arsenal (just Google them … they’re out there)! 

I found at least a dozen in the Dallas-Fort Worth area alone! 

If your own attorney screws you in the process, it may be that your defense attorney is “working for the bank/servicer” under a silent agreement to feed you to the wolves.  Why not prosecute BOTH ends of malpractice if you’re going to attack one for failing to defend your case adequately.  

Just a thought.

 

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IT’S A GOOD THING WE HAVE FREEDOM OF SPEECH & EXPRESSION & …

(OP-ED) — The author of this post is quietly celebrating this 4th of July (NOT!) with some outrageous commentary about where America is headed.  These opinions are his own and in no way should piss you off as to where many Americans are getting “their cues” from.  Still … we have been given inalienable rights to freedom of speech and expression … and thus, there is an intended consequence (a reaction for every action) when people can’t take satire for what it is. 

Breaking away from the usual posting routine, I felt compelled to chase down Twitter feeds of 8-year-old Ava Martinez, the little actor of sorts who plays “Mini AOC” (a satirical example of Socialist Party Congresswoman Alexandria Ocasio-Cortez).  I found them to be quite humorous … why is she and her family getting death threats from “the left”?

Don’t most Americans really recognize politics for what it is?   It’s the opportunity to manipulate our minds into believing that both sides of government want to “take care of us”.  Is that what we really want?

Don’t most Americans value homeownership?   (Clinton AND Bush)

Don’t most Americans feel that they should be left alone if they want to be left alone?  (Randy Weaver, whose wife Vicki had her head blown off by Lon Horiuchi, an FBI sniper while she was holding a baby in her arms.)

Should it then be right for people to harass others for their beliefs?   (Andy Ngo)

Should it be right to run over people with cars just because they don’t like their mode of freedom of expression?  (Charlottesville)

Should it be right for people to walk into churches and synagogues and start exacting their own brand of justice upon the congregation (pick any church or synagogue in the last year where services were disrupted and people killed by gunmen with a grudge)?

It appears that BOTH SIDES want to fuel the “disinformation chain” with political speech so much so that Americans are extremely frustrated with Congress altogether, doesn’t it?  George Orwell long ago predicted this would happen.

I majored in political science and journalism in college.  I found fascism amazing in that people actually bought into that crap.  They buy into it until it turns into full blown authoritarianism.  That leads to communism.  Remember the Cold War?  Remember Roy Cohn?  Hell, the government even went after Lucille Ball, accusing her of being a communist!

I found corporatism amazing too; however, the lobbying groups that represent the corporate state have become so commonplace among us that many living in their sedate comfort zones don’t realize that corporate America is wielding power that is corrupting both sides of our government?   Corporatism is NOT fascism, folks?   Corporatism is based on oligarchy.  Fascism is based on a dictatorship state.  We have representative government here in America.  At least I thought we did until this political bullshit started up.  Now, we don’t know WHO to believe.

I had to reflect on freedom of speech, expression, religion and all of the other freedoms afforded to Americans on this, a sacred political holiday.  It was on this day that our Founding Fathers declared their independence from Britain, fueled by a 3% tea tax.  Then there was a Revolution.

You see, bad press is still press!  BOTH SIDES of the aisle still don’t get that.  They have launched such wide and varied political tirades the likes of which have not been seen since the pre-Civil War days!  Do you get my drift?

If we don’t start addressing our immediate issues at the county level (and the city level) … and stop the states and federal government from using their political prowess to usurp our rights … another Civil War or Revolution is just what you might have?

Bully for Ava Martinez (pictured above) for taking a stand and mocking Socialist Congresswoman Alexandria Ocasio-Cortez!  She has a Constitutional right to mock the Congresswoman.  It’s obvious that an 8-year-old can read between the lines.  Why can’t we?

What do you want for your children?   Remember Jefferson’s famous quote (he was the 3rd U.S. President, remember?):

(the above courtesy of The Liberty Tree)

Remember that while you’re setting off all those fireworks tonight.  Think about WHO manufactured those fireworks, who imported those fireworks … and why you’re setting them off (at some expense to your pocketbook).

Isn’t America great?   Not for long if the foregoing keeps up!   Do your part to stop the “monster” from controlling your life!  Call for the politicians to stop this nonsense or face the music at the polls in November of 2020!

I end with this infamous link: CLICK HERE FOR A POLITICAL LAUGH! 

 

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NOTE TO INVESTORS: WHAT THE GREEN EMERALD CASE HAS TAUGHT US

(OP-ED) — The commentary provided within this post is not legal advice.  The author of this post leaves it up to the reader of the material contained herein to determine its educational value and to always conduct due diligence prior to assuming you have rights that may not have been afforded to you, either in the chain of title … or in litigation. 

For some reason, this case was seared into my conscience.  I’ve seen a lot of investor cases, but this one … this one really spells it out for investors and third parties who attempt to acquire properties AFTER a foreclosure case has commenced, instead of BEFORE (as were the facts supported by this case):

Green Emerald Homes LLC v 21st Mtg Corp, 2D17-2192 (Jun 7, 2019)

Yes, I know it’s a Florida appellate case; however, it can be said that the facts contained within the case provide a complete measure of justice for investors throughout the entire State of Florida, the third most populated state in the U.S.

Notice that Florida Bar-suspended attorney Mark Stopa first litigated this case?  He was later replaced by the listed attorneys and their respective firms.  Notice Greenspoon Marder is representing the Defendant Bank (as Appellee)?  Put them on your radar as a definite “foreclosure mill law firm”.

This case also represents that Florida Circuit Court Judges are notorious for quickly granting judgments of foreclosure. Of course, in Stopa’s disciplinary hearing before the Florida Bar, a judge who testified in Stopa’s favor admitted that judges were getting pay raises based on their ability to clear their dockets of foreclosure cases, courtesy of the Florida legislature. So not only is is apparent that Florida judges have a conflict of interest, their pension funds are vested in the very securities they grant foreclosure judgments for. This makes every Florida judge (and virtually all other state judges throughout the country) susceptible for recusal based on a conflict of interest.  Most states allow recusal for cause.  Some states allow recusal of a judge without cause.  You have to do your homework.

My point on this case is found in the citations listed throughout the ruling. There are oodles of case citations from every appellate district in Florida that support the arguments being propounded by the 2nd DCA!  These cases feed directly into the reasoning this appellate court took in noting that Green Emerald (the investor) took title BEFORE the filing of the Lis Pendens notice, not AFTER!

Further, notice the caveats (to investors) within the concurring-dissenting opinion filed by one of the judges.  ALL of the sticking points for safe investing are found there!  This case was full of “nuggets”, which is why I suggested reading it in the first place, especially BEFORE you drop a dime on any investment.  Believe me, if I were in Green Emerald’s shoes, I would have researched the chain of title to check for “hiccups” in the chain that could be attacked.  It’s always the dirty assignments, which is why C&E’s are so useful in attacking their false and misrepresentative statements.  Defeating assignments (whether you recognize it or not), knocks the “standing” legs out from under the Plaintiff bank (through its mortgage servicer), while placing unwanted scrutiny on the bastards that created the document and under whose direction!  You’ll find the foreclosure mills in many instances are directly tied to the creation of the phony documents they intend to rely on at trial (or in deed of trust state by advertisement and sale) for the prosecution of foreclosures.

Taking property “subject to” could mean one of two things … (1) you either want to continue to pay on the note and keep the mortgage “in play” until it’s paid off; or (2) you ignore the note and mortgage and prepare to spend thousands of dollars defending your position in court when the foreclosure suit is commenced.  In either case, it pays to have your name on title BEFORE the SHTF!  The other aspect NOT PURSUED here, noticeably, is that Green Emerald didn’t present any evidence that it had an assignment of the borrower’s litigation rights bestowed upon them (another key ingredient to having standing to litigate a foreclosure complaint.

And that’s all I have to say about that.

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ALABAMA SUPREME COURT SCREWS STATE PROBATE JUDGES … DEUTSCHE BANK AND MERS WIN, AGAIN

(BREAKING NEWS — OP-ED) — The following post contains a graphic description of the placement of “commas” versus “intent of the legislation requiring assignors to record their assignments in the land records.  The commentary is the opinion of the authors and the case (see the content link below) speaks for itself!

In this instance, Alabama Probate Judges were the parties fighting back against the banks and MERS, insisting that the Alabama Statutes required the recording of “conveyances” and went after the MERS® System (like so many other county entities) … the outcome did not bode well for them either. Read the opinion here:

Deutsche Bank Natl Trust Co et al v Walker County et al, Sup Ct Ala No 1160926 (June 28, 2019)

What the merits of the case DIDN’T COVER … is the validity of the assignments that WERE actually recorded.

Why aren’t these judges really paying attention to content rather than screwing with MERS in the courts?   It’s because “We the People” haven’t brought the “right ammo” into court!

Like the other 49 States and the District of Columbia, Alabama has statutes that allow homeowners to challenge the validity of their assignments based on the accuracy and truthfulness of their information.  Alabama also has case law establishing the right to cancel and expunge instruments that contain false and misrepresentative information! Alabama also has civil fraud statutes that make it a crime to publish false information in recorded assignments!

This is what is offered in THE C & E ON STEROIDS! 

Because we are approaching “The Freedom Holiday” (July 4th) … I’m extending the June offer through July 4th!

Purchase the 8-DVD Training Kit (with the book, The C & E on Steroids!)  … and you also get:

My FDCPA book … AND …

Bob Janes “Save the Homeowners” Edition of compiled materials used by him in fighting the foreclosure machine!

We need to educate judges on the new paradigm by attacking the documents themselves, when the servicers’ employees

and third-party document mills and foreclosure mill law firms create these bogus documents!

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