ARE WE BEING TOLD THE TRUTH?

(BREAKING NEWS – OP-ED) — The author of this post is again giving you the opportunity to watch this video containing a lot of commentary by Dr. Judy A. Mikovits, who presents a totally different take on the COVID-19 outbreak, contrary to what Dr. Anthony Fauci and Bill Gates continue to say. 

WATCH THE VIDEO HERE

TRUTH SEEKERS! 

I find it difficult to understand that (even though Dr. Mikovitz is promoting her new book on this video) YouTube and other medias have quickly taken this video down because it presents alternate theories that Americans are entitled to see and digest and ascertain for themselves whether or not the information is true. It’s as if the U.S. government and its operatives in deep state don’t want you to know these alternate ideas, whether proven or not.  I have to keep asking myself, “Why are “they” in such a hurry to take this video down?”

THIS VIDEO!  WHY THIS VIDEO?

I am not sure how long this video will remain online before “they” figure out a way to remove it.  It appears that this video was reintroduced into another “stream” of embedded technology that might make it harder for “them” to take it down, in the name of a planned “agenda”.  What does Dr. Mikovits say on this video that has “them” so rattled that they have to demonize it … and her?  She’s only speaking her mind, right?  Why then is freedom of speech and freedom of expression being attacked and demonized?  The only reason I can think of why “they” are repeatedly removing this video from the media is because she might be telling the truth!

THE RIPPLE EFFECT … 

This so-called “pandemic”, if allowed to spread again, could do just what the second wave of Spanish Influenza did back in the early 1900’s.

Briefly, I ask you to think about the “ripple effect” on America’s economy (not just the world’s economy):

  1. When a family or families are stricken with the virus, they may get so sick that they may have to be hospitalized;
  2. There is no disputing the fact that treating any illness costs money;
  3. When you take needed funds (to pay mortgages, taxes, insurance, food and utilities) and divert them to treat a serious illness, you have less to spend on essential needs;
  4. When you have a government-ordered “lock down” … and people are put out of work or furloughed … those needed funds disappear;
  5. When the needed funds disappear and you can’t pay your mortgage, the banks foreclose;
  6. Despite the fact the states and the federal government have imposed temporary moratoriums on evictions and foreclosures, at a given point in time in the future … and it’s coming … the moratoriums will be lifted;
  7. Those who did not prepare to fund essential needs without an income will be severely affected by foreclosures;
  8. This includes not only individual homeowners who have been living paycheck to paycheck just to make ends meet, it includes businesses that have had to shutter their doors permanently, never to re-open, because they were economically dependent on cash flow in order to survive;
  9. Corporate America managed to survive because it has profits in reserve to pay bills when they are forced to suspend business for a time, while “mom and pop” businesses, which made this country great, are starved out of existence; and
  10. When you start to affect the way people think and behave, through whatever mechanisms are presented, planned or un-planned … and it starts affecting larger numbers of the world’s population … we end with potential civil unrest because those who are affected have now “awakened” to the fact that something more sinister may have been instituted by persons in our own government with intended (not unintended) consequences.

If what Dr. Mikovits is saying is true … and you continue to wear and mask and gloves … what are your chances of increased risk of becoming a victim in the “second wave”?  This “ripple effect” could then be assumed to have been caused by our very own actions … or inactions.

Winston Smith loved Big Brother.

 

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Foreclosure Defense in the midst of the corona-crisis, Part 1

(BREAKING NEWS) — I just posted a video on YouTube on the Clouded Titles channel you may want to watch.

CLICK HERE TO WATCH IT! 

There may come a time (sooner than later) when we’re going to be offering a foreclosure defense workshop online, despite the fact that all of our previous workshops have been in person in a live setting.

If you would like more information as to how to attend an upcoming online foreclosure defense workshop, please email me at cloudedtitles@gmail.com for more information and to indicate your interest.

 

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WHAT DO YOU MEAN … I CAN’T TRUST THE GOVERNMENT?

(OP-ED) — The author of this post is positing the following information for your research and educational purposes only.  This post is not intended to incite violent behavior (vis a vis civil unrest) nor is it intended to do anything but entertain discussion of where this country is headed under the current “regime” (and I’m not talking politics here) of “agendas”. 

It seems that no one can get their “story” straight.

It’s the land of misinformation, disinformation, mischaracterization and demonization.

It’s a twisted narrative that keeps imploding on itself every time a new piece of information manages to eek itself into the public information highway.  So who and what are we to believe?

We have a Congress that appears self-serving.  We have a President who appears “confused”.  We have “blue states” that have higher death tolls due to the COVID-19 pandemic than the death tolls in “red states”.  We have a Supreme Court that has to date, attempted to conduct “business as usual” on a limited basis.  We have Governors of states that have potentially appeared to do what they considered to be the “right thing”, but for all the wrong reasons.

The unemployment registration online systems in many states are so overloaded they’re crashing or their systems are “running home to mama” because they can’t handle the overload, much the same way as when the government opened the portals for small businesses to apply for emergency rescue funding. The portals crashed on the SBA’s website. Then come to find out, the big businesses were in the cue already, lining their pockets, not to mention all of the “pork” that was attached to legislation that Congress passed to give money to entities that were already so well-funded it’s sickening.  Then, when the airlines shut down due to the lack of passenger traffic, the TSA reportedly hoarded thousands of N95 masks, at a time when emergency responders needed them (and weren’t about to give them up).

THE UNDERBELLY OF THE BEAST

Then we have Deep State.  There are characters (actors) within this entity that have agendas. Many of these actors appear to have profit margins within these agendas, like the purported “miracle” vaccines that could come on the market with the promise of a cure. However, the issues involving the agenda of nano chipping everyone at the same time has me quite concerned.  You may want to be a good little obedient “world servant”, but I thought we were better educated as to constitutional values than we are being given credit for.

Apparently, if you reshape everyone’s mindset and you have an agenda, you can get what you want.  All of this parallels the “Hegelian principles” I remember hearing about in the early 1990’s, when Ruby Ridge and Waco went down.  Here’s how it plays out …

You have an agenda.  Let’s say it’s depopulation and world control.  You sit down an analyze what it would take to get people to demand a solution wherein you have the solution in advance of the problem, which you yourself created, so people would scream for the solution.  So (not so hypothetically), you create a vaccine for a given strain of coronavirus you’ve created and you hold off releasing it.  You dissuade the President from suggesting a common drug that’s been around for years (for treating malaria) that doctors have had success with the excuse that no blind study has been done when you yourself know that the drug would probably work, which in turn would affect your profit margin.  You do this because you have to make people anxious to clamor for the desired vaccine, which is the one you have, that you stand to not only make hundreds of billions of dollars selling to every infected country in the world, but you do it because the longer you wait, the more people will die and that’s all part of relieving the world’s financial burden of having to take care of people who don’t deserve saving (in your opinion).  I’m talking about the way deep state behaves.

The second phase of your agenda is to timely initiate the release of the so-called “miracle drug” and make everyone want it, because it’s the solution to the problem you’ve created and the one they’ve all been clamoring for.  Then you mass produce it, put nano chips in each vile of vaccine so it gets implanted with a specific “coding” that you can use to track those who survive the vaccine itself, because the intended design of the vaccine is to kill as many people as possible because depopulation is part of your overall game plan.

As part of damage control, you demonize those who would stand up and attempt to tell the truth.  You have control of the media, so you tell your “players” to take down any video posts that attempt to tell the truth.

I mean, after all, we can’t have an informed populace now, can we?  Especially when we have kids that eat Tide Pods and do all sorts of gene-pool-related asinine stuff. They don’t deserve to be alive (in your book, because … well … that’s part of your agenda).  Hey, why not make them all autistic.  Oh wait, that happened with the last agenda move in Africa with the earlier vaccination program.  As we would have it, history repeats itself and this agenda appears to be on the horizon … at least that’s what is suspect.

For those of you research hounds that have nothing better to do than to follow the breadcrumbs … here’s another twist: CLICK HERE!

 

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UPDATE: MAYBE IT’S NOT A CONSPIRACY AFTER ALL … IF YOU HAVE THE FACTS!

(BREAKING NEWS — OP-ED) — The author of this post is positing the following information for your review and consideration in understanding the potential, underlying issues within the coronavirus “pandemic” and in no way is giving you legal advice or guaranteeing that any of the information in this video is intended to inspire anyone viewing this video to engage in activities (other than civil or criminal litigation) that would harm his fellow man beyond what the allegations in the following video appear to depict: 

WATCH THE 32-MINUTE PRESENTATION HERE!

(watch the video before continuing on with reading my comments)

STAY INFORMED AND CHECK BACK FOR UPDATES TO THIS POST! 

BEYOND BELIEF?

Did the information in the video “shake things up” a bit for you?

It is hard for the average person to fathom that entities within our own government would allow what is being alleged in this video, which by the way, appears to make perfect sense when you examine the facts, to the extent that virtually the entire population of the United States would be ordered into a lockdown (of sorts) based on real data that was withheld by our own government agencies and their private sector operatives to their own benefit.  Why would the United States government do that?

My conclusion here is that the apparent conspiracy, based on the data presented in this video, is not the entire fault of the United States government, but rather those connected with it (as named within the video):

  1. Dr. Anthony Fauci
  2. Bill and Melinda Gates (and their Foundation)
  3. Centers for Disease Control (CDC)
  4. World Health Organization (WHO)
  5. Virology Institute at Wuhan
  6. USAID (Aid for International Development)

All of these entities were fundamentally active at the time we were all told to “stay at home”, whether or not it was deemed actually necessary.  The “fear factor” was even used to dupe the highest levels of government into taking unprecedented action that appears to have violated not only the United States Constitution but several other civil and criminal laws within the United States Code.

Further, was it actually necessary (and why did it happen when it happened) that the USA Patriot Act was extended by Congress?

This will become problematic come November because many of those in Congress either had direct contact with the alleged conspirators named above or took advice from said individuals and/or agencies and acted on it in conjunction with the declaration of a “pandemic” and used it as an excuse to violate our civil rights.  By the way, as long as the USA Patriot Act continues to remain in place in its current form, our civil liberties will continue to be severely infringed upon because the intelligence community, which in my opinion, constitutes a large portion of the term “deep state”, is still “monitoring” (on a daily basis) every move we make, every phone call we make, every email or text we send, every post we put on social media and every financial transaction we exact.

THE WAY THINGS REALLY ARE … 

The USA Patriot Act is still in place as extended by Congress.  Just how much of what Congress (and its individually-elected membership) knew about the details behind the violations alleged in this video, which I find to be more compelling than any other “conspiracy theory” videos I’ve been referenced to by others to date.  There is fiction … and then there is fact.

The Trump Administration was faced with a lot of uncertainty when this entire crisis began.  President Trump relied largely on the recommendations of Dr. Anthony Fauci and the CDC, along with the timely-related missteps of the World Health Organization in allowing the coronavirus to spread, which resulted in mass casualties through what appears to be a terroristic threat, to violate our civil rights and in an attempt to exercise population control through a series of “unprecedented” (to use all of the media’s bobblehead terminology) actions which, if you believe what you’ve just watched, constitute a failure of our liberty and security, which in this event, is bipartisan in nature (meaning that BOTH the Democratic and Republican hierarchies and their minions voted for and supported the resulting actions that followed the declaration of this pandemic).

Understand that Congress appropriated the funds that all the “big boys” got first.  Understand that BOTH Democratic and Republican Congresspersons were involved.  Stop pointing fingers now because Congress had to pass the measure and President Trump had to be ill-advised as to how to contain the spread of the coronavirus, when many of his own advisers, including Fauci, knew what was really going on behind the scenes.

STOP POINTING FINGERS AND LOOK AT THE FACTS! 

  1. Whether you’re a registered voter of either the Democratic or Republican Party, ALL of Congress participated in getting the USA Patriot Act extended … further violating your civil rights, based on an actual terrorist act that is, in of itself, riddled with unanswered questions (i.e., apparent controlled demolition of both of the Twin Towers, where are the WMDs?, etc.);
  2. Whether you’re a registered voter of either the Democratic or Republican Party, ALL of Congress participated in approving taxpayer-funded payouts to not only the American public (as a way of soothing your boo-boos) but to all of their “pork buddies” out there … and God only knows where those appropriated funds are going to end up being spent on; and
  3. President Trump did in fact change his mind regarding the Fauci-promoted data and went with real time suggestions on the spread of the so-called “pandemic” … so it’s not entirely Trump’s fault.

I’m not saying that anyone in the United States Government can be held blameless.  We all relied on them.  We relied on our States’ governors to make the right decisions. Arkansas, Nebraska and South Dakota allowed businesses to remain open and people to freely travel while North Dakota and Iowa ordered nonessential business to close but told residents they didn’t have to stay at home.

Politically, this means that every other Governor of every State that closed businesses based on this “fear-mongered”, mostly-unfounded information will now be held “accountable” for their actions, especially at election time.  Does this mean that all of the States that did shut down business (based on what appears to be the deliberate and intentional misinformation of Fauci and others with the intent to “vaccinate” and “chip” everybody to gain world control and to purposefully reduce the world’s population) should be ousted if they’ve done a good job in their positions prior to this unfortunate “crisis”?  They only acted based on the information they were given.  Florida’s Governor Ron DeSantis wrestled with the idea of whether or not to “lock down” the State before being so overwhelmingly criticized that he enacted “safer at home” orders based on ALL of the opposition’s criticisms … which in turn were also based on what appears to be deliberate disinformation.  Maybe Governor DeSantis knew something about potentially violating your constitutional rights before being “forced” to make a political decision.  Are you now going to do an about face and hold him accountable for making the wrong decision?

In this “game” that was played against ALL OF US …

you’re damned if you do and damned if you don’t. 

It’s so easy to blame someone else, right?  Are you a registered voter?  Did you get taxpayer money in the mail or by direct deposit as the result of this perceived “crisis”?  Did you NOT get an unemployment check?  Why not?  Are you still barely surviving?  You’re still here, right?

Now ask yourself … was any of this really necessary?  Was the elimination of 10% of our economic GDP necessary?

Are you pissed because you complied with directives issued by your State demanding you stay at home for your own good?

Do you feel like an idiot because you’ve been duped into staying at home?   I wonder what Californians are thinking after watching this video?

The CDC first stated you should only wear a mask if you are sick … then turned around and retracted that statement and then recommended that everyone should wear a mask.  Do you feel a little disconcerted (after watching this video) as to why you should even trust any CDC guidelines and recommendations?

How would it make you feel if you discovered you had the coronavirus all along and were asymptomatic and thus weren’t affected by the virus because your body’s immune system dealt with it?

How does it make you feel knowing that the potential exists that U.S. government officials (not Trump) knew in advance that what they were doing was illegal … which resulted in the loss of life … maybe someone close to you (including family members)?

Does it make you more pissed that all of this could have been precipitated by an agenda to depopulate the world through a vaccine program and nano-chip program, designed to monitor your every move, which is why social distancing is being enforced?

Do you feel somewhat stupid because you got into a tiff with someone else over social distancing because that’s what you were told would stop the spread of the virus?

If you own a business where the public gathers, do you feel a bit slighted because your business was singled out and forced to close based on the deliberate misinformation of others?

Why would you even think that the United States Government owes you anything?  Including your life?  You’re just part of a bigger “statistical data” picture. How does THAT make you feel?

Look at the more distinctive issues as they relate to the so-called “orders” that were given by each Governor, based on what appears to be deliberate and purposefully misrepresentative information, designed to lead us like “hogs to the trough”.  Then … stop your bitching and use your vote to do your talking instead.

I will be personally watching and waiting for the so-called “PDF” promised by the speaker on this video. CLICK HERE to join in the monitoring of unfolding events. Bookmark the page for future reference.

When you stop relying on what the government is telling you and examine the real facts within your own personal realm of control, the truth hurts, doesn’t it?   If Americans are as resilient as they claim to be, we will bounce back all the wiser and stop believing everything these “politicians” (who have put their own personal interests ahead of ours) are telling us and start doing what is necessary to “right the wrongs” that have been committed against all of us.

UPDATE:  Here is the U.S. Supreme Court decision referenced in the video:

Assn for Molecular Pathology et al v Myriad Genetics Inc et al, US Sup Ct No 12-398 (June 13, 2013)

 

UPDATE: There has been some confusion as to the Dr. Judy Mikovitz video actually being legitimate versus being a conspiracy theory piece intended to “fight fire with fire” in the war for the real truth of what’s going on … so with the fact-checking in dispute, I’ve decided to remove the video, as over 7-million folks have seen it and have shared it with enough people that it appears to have done the trick in providing suspect disinformation into the mainstream.

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AMERICA BRACES FOR MASS FORECLOSURES AS ECONOMY RE-OPENS!

(UPDATE: SEE ADDENDUM TO THIS POST AT THE BOTTOM!)

(BREAKING NEWS — OP-ED) — The author of this post has spent the last 12 years researching securitization, foreclosure issues and other consumer-related, debt collection topics.  The opinions offered here are the authors and should not be construed as legal advice. 

FOR MANY BORROWERS, THE SHIT WILL HIT THE FAN! 

As expected, I’m getting backchannel feeds on the serious uptick in foreclosures, especially in the GSE-related foreclosure arena.  So here’s the immediate concerns, based on my current research:

  1. The government (through Congress) issued a moratorium on foreclosures due to the corona-crisis.  You can anticipate that it’s the calm before the storm because when the moratorium is lifted, the mortgage loan servicers for Fannie Mae, Freddie Mac, Ginnie Mae and conventional lenders have already made plans to ramp up on those lulled into a false sense of security. Congress will not interfere with the “pulse of the economic backlash” when it comes to the government’s own interests, FHFA or not.
  2. The mortgage loan servicers have been paying advances to the GSE’s REMICs (Real Estate Mortgage Investment Conduits) since Congress imposed the moratorium. Under their contracts, the servicers and/or subservicers  are required to pay investors the principal and interest on every loan alleged to be in “default” under the terms of the mortgages and deeds of trust these mortgage loan servicers are collecting payments from borrowers on that are allegedly contained within the REMICs.
  3. The longer an extended moratorium lasts, the more “in the soup” the servicers become because their surplus funds accounts they use to pay the advances with are being further depleted and they would logically be forced to “borrow” from everyone’s escrow accounts (“rob Peter to pay Paul”) to make good on their contracts, knowing full well that when (not IF) the moratorium is lifted, they will force the shit to hit the fan in order to foreclose, sell and reimburse themselves for all their losses.
  4. Those who have been able to make their mortgage payments every month despite the moratorium might want to check their escrow accounts to make sure they are solid and accurate and haven’t been “borrowed from” (the “robbing Peter” side of the equation). The servicers will emphatically deny they’ve raped every account they could grab money from; however, if notations aren’t made of the alleged “robbery”, how would the servicer actually know WHICH ACCOUNT they borrowed from, meaning the innocent borrowers who’ve made their payments every month will see a shortfall in their escrows, which could inadvertently put their accounts in default, which in turn could force borrowers to have to make up the shortfalls (through no fault of their own) to make up the difference to bring their accounts current.  This may be one of the reasons that Ocwen Loan Servicing and its parent issued $600-billion in securities to shore up their “advance” payments.
  5. Because the moratorium is set for 60 days out, whatever delinquencies occurred during that time will be calendared for default on that magic date I’ve talked about before … DAY 91!  Expect a rash of threatening letters from the mortgage loan servicers to borrowers in trouble as they push their collection activities forward another 30 days past the moratorium to hit that magic date!

DAY 91 FACTORS INTO THE ACCOUNTING, MORATORIUM OR NOT! 

It matters not whether you were given a “grace period” with this moratorium, the mortgage loan servicers are in business to make money by foreclosing on properties they can’t resolve; thus, if you don’t have a windfall to bring your loan delinquencies current, it will trigger DAY 91.

Prior to “DAY 91”, you may see the following actions taken by the mortgage loan servicers:

  1. DSNews is already reporting intended aggressive pricing on foreclosed properties to sell to third-party investors as quickly as possible.
  2. Anticipate MERS-related documents, particularly REMIC transfers and indirect transfers to the servicers themselves, as a means of justifying the upcoming foreclosures, which means those assignments are going to hit the land records just prior to the start of the actual foreclosure process.
  3. The faster the servicer can sell the property to the third-party investor, the faster it can convert title to the GSE “after the fact” and “lose” that REO inventory to the new buyer (with transfer of title) before the homeowner even knows what hit them. The GSE will then do a direct title transfer (through the mortgage loan servicer) directly to the third-party investor who will assume all risk of acquisition of a property stained by title issues.

THE GSE’S HAVE REMICS TOO!

One thing most people don’t realize (and this can be verified) is that the government sponsored entities set up REMIC trusts to obtain investor money they use to back the loans they guarantee.  If you’ll go to irs.gov and type in Publication 938 for 2009 forward in the search engine, you’ll see the listings (by quarter) LOADED with GSE-backed REMICs!  Depending on what year you took out your loan is the year you’d search for on that website, plus subsequent years in case your loan was traded into another related REMIC until trading stopped within the MERS System®.  The securitization process is a virtual “shell game” until the foreclosure starts and the roulette wheel stops on the particular REMIC the servicer is paying.  The servicer will then move toward the final DAY 91 objective … to cash in on the credit default swap, default insurance, PMI, LMPI or whatever other cash cow it can get its hands on to reimburse itself for all of the advance payments it made during the absent of the borrower’s payments.

In the meantime, Fannie Mae and Freddie Mac are now going to buy home loans going into the government’s forebearance program just after they close, something neither had done before, in order to provide liquidity to the mortgage markets so originators can keep lending.

So as not to keep regurgitating a point, I put a news story in the top link so you can see where the forbearance programs are headed.  The CNBC article (above) affirms everything I’ve been saying … as noted in the following paragraph:

“The four-month servicer advance obligation limit for loans in forbearance provides stability and clarity to the $5 trillion Enterprise-backed housing finance market,” said FHFA Director Mark Calabria. “Mortgage servicers can now plan for exactly how long they will need to advance principal and interest payments on loans for which borrowers have not made their monthly payment.”

So you see, the servicers took a gamble on the advances and went into the hole doing it … and the government is in bed with this.

Some friend the government is, huh?  They claim to give you relief yet who’s really getting relief?  The banks and their minions.  The Fed claims to have loaded $2.3-trillion into the economy, yet where did that money go?   Not into our pockets I can assure you.

Know this … no matter what administration is running the United States, the end result is the same … protect the government at all costs … screw the dumb-ass taxpayer who doesn’t know any better (the way “they” think).  These Congresspeople think they know more than you do. Could they be right?  After all, who’s the smarter … the ones who got elected or those who elected them?  Based on what promises?  The existing Congress, a majority of whom have been serving for decades, have done their best to protect their power bases while kicking the can down the road … in the name of politics.

And we collectively let them do it.  We have collectively fallen for their bipartisan, two-party, political crap.

Congress made a deal with the banks … to protect the banks … it’s in 12 United States Code … Banks and Banking.  Congress has repeatedly let the banks screw us.  And we collectively keep letting them do it.  When is the merry-go-round of craziness going to stop?  When we have a civil war?  Or maybe a revolution?  At the polls?  Or in the streets?

And we should not worry about the mortgage loan servicer’s accounting practices, right?

IF YOU’RE NOT IN DEFAULT, HOW IS IT THEY’RE TRYING TO FORECLOSE ON YOU?

All the while the moratoriums have been in place, the servicers were stuck paying the advances on the mortgage loans, whether borrowers paid their monthly payments or not. Now the piper is coming to collect. If you didn’t (or couldn’t) work out a forbearance proposal or loan modification during the time you were a shut-in, the foreclosure process (unknown to you) was probably on the back burner and now things just got fired up again.

Those in non-judicial states will be suffering more dramatically as they try to figure out how to cope with aggressive mortgage loan servicer activities in stopping courthouse step foreclosures by publication and sale.  These borrowers are in a definite time crunch as they don’t have the luxury of court hearings unless they create them through the filing of a lawsuit. That means money spent out of pocket in order to stay in the current “survival mode” we’re already experiencing as the economy starts to bounce back from quarantines and lockdowns.

Those borrowers residing in judicial states will ultimately “have their day in court”.  It will be a 90-120 day average by the time the case gets to trial.  Keep in mind that most courts will be closed until at least mid-July 2020, so the uptick in foreclosures will probably start after the 2nd quarter ends (in 2020).

But if the advance payments were being made … how is it you’re in default and the investors have been harmed?

That’s something the banks and their servicers say is not up to you to decide … as you don’t have a contract with the investors!

You have a contract with the originating lender, which in a securitized mortgage … is a corresponding lender!

And logically, you’re going to be searching the land records trying to find that pesky assignment, right?

But wait!  The servicer’s attorney’s are going to argue that you’re not a third-party beneficiary; thus, you don’t have a right to bring a claim against the assignment.  How is that relevant?  Your name is on the assignment, right?  The originating mortgage or deed of trust is referenced on the assignment, right?  Who said anything about being a third-party beneficiary?  You see … this is how the bank’s attorneys get the courts to agree with them, because your loan was securitized and you and the investor have no “nexus” or commercial connection to each other.

POTENTIAL SOLUTION … ATTACKING THE DOCUMENT ON DIFFERENT GROUNDS!

We are starting to see results in the use of the C & E (Cancellation & Expungement) Action as a viable way to throw a “monkey wrench” into the grind of the foreclosure machine.  The questions about this process vary but the crux is the same … what is it and how does it work?

In a brief step-by-step process …

  1. The borrower goes to the public record and obtains an office copy and one certified copy of the assignment(s) in question.  These are the suspect assignments, which may contain up to a dozen or so false statements and/or misrepresentations.
  2. The borrower then researches and procures evidence showing the statements contained within the assignment(s) are false and/or misrepresentative. You can bet that no right-minded cop or detective is going to investigate anything without being fully “briefed” on the subject matter showing why you believe the public record to be false and misrepresentative, constituting a felony recording under most state statutes.  Developing harder-to-find evidence may require the services of a private investigator.
  3. The borrower (still on title, generally) goes to the local police department and files a criminal complaint on the assignment(s). The complaint filing is designed to generate a police department case number.  The borrower can be expected to spend time with a detective or officer explaining the nature of the complaint, which is most likely going to be hand written on their complaint form. You can do this before or after you file (or respond to) a foreclosure action.  I generally prefer to do it BEFORE I file the action, that way, I can include the criminal complaint in my civil action for damages.
  4. I file a declaratory relief action against those responsible for the assignment(s). I would suggest following the criminal statute religiously and if applicable, couple it with the consumer protection act statute individually for the State (of the Union) I’m in, in a claim for damages.  I do NOT sue for wrongful foreclosure because the foreclosure hasn’t occurred yet.
  5. Make sure the other side’s lawyers get the criminal complaint included with the exhibits.  This not only lets the court know a crime may be connected with the foreclosure filing, but that the attorney for the servicer may be held as an accessory if they keep trying to insist the document is legal. No right-minded attorney, bank lawyer or not, isn’t going to risk being disbarred for going up against a criminal complaint.  If anything, it will certainly “shake them up”, possibly forcing a settlement.
  6. Make sure all parties (the party who prepared the document, the party who executed the document and the party who notarized the document) are served.  I find suing the servicer themselves is a moot issue if the foreclosure hasn’t occurred yet.  If the servicer sues and you find the assignment in question was prepared or ordered by the servicer or its law firm, then the law firm, if it prepared the assignment(s) are also named defendants because they knew or should have known that the information was false and/0r misrepresentative.  Include the law firm and the lawyer who prepared the document in the criminal complaint.
  7. If at all possible, keep the civil action and the criminal action going simultaneously.  Do not drop the civil complaint if the DA decides to prosecute the document and those responsible for creating it and recording it, in violation of the penal code.  By dropping the civil complaint, you’re sending a signal to the DA that you’re not serious about pursuing damages.  Two-pronged attacks are better than one.
  8. Prepare your deposition list.  You’d be surprised once you start moving for depositions of the parties involved they don’t come at you with a settlement, rather than risk a criminal complaint against them moving forward, thus reinforcing the civil action in the judge’s mind as being even more legitimate.  Do not hold back on the other side’s lawyer if the law firm prepared the document(s) that are suspect.
  9. Follow the court docket religiously.  That means twice a day for the entire duration of the lawsuit. Once in the morning and once in the late afternoon, before the court closes.  The other side will wait until the last minute to file stuff to screw with you, especially on Friday afternoon, when they can buy time over the weekend to screw with your calendar (your time off relaxing) and your ability to respond to their motion or brief.
  10. Be prepared for oral argument.  You never know when you’re going to get called into a hearing to determine the validity of your lawsuit. The judge may also query law enforcement to see what they’re doing about your criminal complaint.  In one instance we’re aware of, the local police department forwarded the complaints to the DA … AND the State Attorney General’s office for follow-up!  Also, make sure you have expert witnesses lined up that can validate both your criminal and civil complaint information.

I know we haven’t taught HOW to set up the criminal complaints in our regular C & E classes; however, this new injection of the police report does add a certain flavor of suspicion in our civil claim, don’t you think?  Imagine the consequences:

  1. The attorney handling the foreclosure matter attempts to interfere with the criminal investigation of the matter and ends up making the matter worse, potentially putting himself in a position of obstruction of justice.  The attorney for the bank cannot attempt to persuade authorities from looking into your complaint without lending suspicion of them being involved.
  2. The law firm or the attorney preparing the document ends up being indicted by a grand jury as part of the grander scheme of things.
  3. The judge handling the civil matter is found to be “side dealing” and interfering with the criminal case in order to further the civil case along to help the bank out, either through direct interference in the criminal investigation or by pushing the civil case forward in favor or the bank knowing a criminal prosecution is likely, which would make him an accessory to a felony … enough to remove him from the bench and potentially put him in prison!

There is also a potential chance that the criminal investigation will go nowhere because the investigators: (a.) weren’t provided with enough evidence or information by you to establish probable cause; or (b.) didn’t understand the nature of the complaint because of the way it was presented.

I have 18 sets of the C & E class (8 DVD-video set and the book, The C & E on Steroids!) available online on the Clouded Titles website.  Once these are gone, they will take time to re-order, more time than you might have. I don’t have to tell you that following this moratorium’s end, those in trouble … their days are numbered.

Remember, when you get the kit, I give you an hour of consulting on your specific case, which may include a call to a criminal attorney who can give me ideas as to how to posture your criminal complaint based on what evidence you have! 

UPDATE ADDENDUM:  As I mentioned on City Spotlight – Special Edition on WKDW-FM, which will repeat this coming Monday, May 4th at 2:00 pm. Eastern Time, CLICK HERE TO LISTEN, attorneys now have a duty to inquire whether the client is using their case to commit fraud or some other crime upon the defendant in a suit.  The American Bar Association’s Standing Committee on Professional Responsibility has issued Formal Opinion 491, to clarify this requirement in the wake of increased reporting of individuals using legal services for money laundering and terrorist financing.  But it goes beyond that definition, especially if the attorney(s) or their law firm participated in the drafting of the bogus assignment and then had it sent back to them once it was executed and recorded.  This is a way to: (a.) name the law firm in the suit; (b.) name the attorney in the suit; and (c.) force the attorney to inquire as to whether he knew before submitting the document to be executed that it contained misrepresentative statements, which could warrant criminal legal action against him and/or his firm.  This is where things get dicey for the other side because depositions and discovery can now target counsel who participated in any way in the drafting, execution and recording of a document that could be construed to be a third-degree felony in many states!

Here’s the formal opinion: aba-formal-opinion-491

 

 

 

 

 

 

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