Crowdfunding as a means of foreclosure defense

(BREAKING NEWS) — The link below just launched … prefaced by this email:

I just launched the Crowdfunding Campaign for Raising Legal Fees for Fighting the Foreclosure Monster.

You are the first to see it!  Can you send it out to your list, with a note that I am working with you to Help You with Your Battle, and I will come in to take over the Education and Fundraising for APON.

I need to raise $25,000 to have Al West Attorney w/ Dave Krieger attack on our Quiet Title Defense; Robert Janes – Fighting the Foreclosure Machine write the legal papers, and Ken Carlson’s team write the Unlawful Detainer Defense.  I have spoken with all of them.

All of these documents will be made available to our APON Interns, and our backers for this initial campaign.

Let’s DO THIS!

Teresa Moore

Take this info for what it’s worth … it’s a novel idea worth investigating.

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CONSUMER ISSUE: Only One Savior

(Op-Ed) — The author of this blog postulates the following content as “IMHO” and not as legal advice. You can hear the author of this post on live stream at The Power Hour, Monday-Friday from 11 a.m. to 1 p.m. (Central Time) by clicking on the link LISTEN NOW. This website, like the radio broadcast conducted by this author, attempts to be solution-based. After all, wouldn’t you rather be part of the solution than part of the problem?

THE PROBLEM YOU DON’T WANT TO BE A PART OF

One chooses whether or not to participate in a civilized society. When society becomes reckless and self-indulgent, one moves away from the “terms and conditions” one abhors, or at best, cannot live with. Understand that this author did not want to utilize the term “political”, but, ahead of prostitution, it’s the first-known, oldest means of power in the history of man. Prostitution is the second-most, oldest means of power for obvious reasons. When you self-indulge … and “pay” for your self-indulgence … you give up your power. Of late, politics has turned into the national whore.

As you may have heard on my radio show, The Power Hour (and I’m writing in first person now), the show is all about solutions. Given today’s political climate … and how we got here … we’re all looking for a savior and our “focus” has been diverted away from the real “Savior” and onto a “political savior” who is going to rescue the United States from all of its maladies and political corruption. Many a politician has promised to “do right” by his constituents, only to end up becoming corrupted and thus catering to the elite who want to control the world (and the U.S.). In order to control America, the powers that be have to convince you to give up your guns. So many different authors have postulated various titles all relating to a “great reset”, wherein no one owns anything, but they would still be happy.

This unfortunately, is all left-wing dreaming. As I have expressed on my radio show, there is only one political party in the United States that represents “We the People”. Those who represent us keep referring to this political system we live in as a “democracy”, when in fact, America was founded as a Republic (as in “and to the Republic, for which it stands”). There is no other term contained within the Pledge of Allegiance. However, I sometimes wonder exactly WHAT people are pledging their allegiance to when the government fails to do what America’s Constitution, Bill of Rights and Declaration of Independence set forth initially. Anyone looking inward at America only sees strife, division, loss of liberties, death and destruction. The fact that the majority of Americans are suffering from cognitive dissonance makes things worse as it is very hard to fully comprehend the nature of what has befallen us to date.

All of what has occurred in America did not just happen by accident. It was all by design. Our educational system has been perverted since the 1940’s. Modern medicine has been perverted since the 1930’s. The financial system began its downslide in 1871 and became further entrenched in financial control since 1913 and now faces the serious consequence of technology in becoming digitized, where Biblical-thinking folks are eyeballing this as the Mark of the Beast. Because of this worry, these people are being demonized by the left-wing media, which has been perverted since the 1950’s. There is no real news anymore. It’s all political propaganda further designed to polarize America, tear down the family unit (perverted since the 1960’s) and destroy America’s capitalistic values (perverted since the 1980’s). The end result: the goal of today’s politician is to convert America into a Communist state. We the People are allowing this to happen because we’re waiting on a “savior” (Trump or whomever promises us they’ll “drain the swamp”). These ideologies are misplaced.

The left-wing extremists want the same thing as the right-wing extremists: control over the individual.

If there is any hope for We the People, our “Savior” has to be Jesus Christ (the Son of God), who gives us eternal hope … and whose Father has commanded us to “study to be quiet, and to do your own business and to work with your own hands, as we commanded you … that you may walk honestly towards them that are without, and that you may have lack of nothing.” (1 Thessalonians 4:11-12)

If you have regarded the previous passages with any thought whatsoever, you can certainly understand why America has turned away from God and has put its faith in government instead. There are some known certain facts which have to be outlined here (in each of the following four paragraphs):

PROBLEM #1:

The American family unit was deliberately and purposefully divided, most recently via social media and what the U.S. government has termed a “vaccine”, when in fact, it wasn’t a vaccine at all. Genetic warfare has been allowed to manifest itself through a bioweapon called COVID-19, which stands for Certificate of Vaccination ID (the “19” part is Artificial Intelligence, with the “1” representing the letter “A” and the “9” representing the letter “I”, as in “AI”). Our own government and its “deep state” bureaucrats have brainwashed over 220-million Americans to take a genetic therapy drug that was designed and patented to cause our entire immune system to break down and to infuse each of those injected with a “kill switch”. It has been predicted that within 3-5 years, the population of America will shrink to 95-million from its current 333-million, all by design, through a new disease called Sudden Adult Death Syndrome, for which there is no explanation. This too is the result of medical tyranny.

PROBLEM #2:

The American family unit was and still is being further subjected to satanic behaviors, starting with the indoctrination (by the left) of our children, who are being subjected to the watered-down dilution of their history, replaced by the values of self-doubt of their very own existence as to how God set forth their human characteristics and replaced them with confused states of consciousness as to their own sexual beings. This is being accomplished by various schools, especially in the liberally-run “blue states” (and even in some of the “red states”; why we even have to have the labeling of these two centers of thought illustrates the division caused by our political system), by critical race theory and transgender ideology. All those who have turned away from God and replaced Him with satanic practices and choose to worship false creatures will be judged accordingly. These educational institutions have become unproductive and run counter to American values of old. The average American does not even understand what their rights are any longer. This became more manifest as of March 17, 2020, when the greater part of this country was locked down, wherein Americans were glued to their TV sets being programmed by the liberal media with fear mongering, which continues to run true to this day.

PROBLEM #3:

Over 85-million Americans are “awake” (as opposed to “woke”) and feel disenfranchised, given what they suspect happened in November of 2020. Anyone looking at the lock downs in America and the end result of the widely-politicized “bloc voting” by mail-in ballot and the suspect issues involving the election process now see America’s political and judicial system for what it is: truly corrupted. The challenges to suspected election fraud have been brought forward into a justice system that has been deliberately crippled (since the 1940’s) and no longer serves the interests of the American people, but has been turned into a system of political puppets, flayed open by the media as to its political whims. We the People cannot get a “fair shake” (for the most part) in any court in this country, including having matters fully vetted legally regarding what many term “a stolen election” of our presidency. Many do not regard the current administration as legitimate. Can you blame them?

PROBLEM #4:

As the result of Problem #3, we have runaway inflation, runaway spending, high gas prices, green new deal practices that have no real plan of function other than to further cripple Americans’ ability to survive, all accompanied by a man-made food and supply chain shortage. This is not Y2K anymore. This is real. You have over 100 food processing plants burning to the ground … of course, all accidental. Yeah right. You have farmers being told they must cull their herds, thereby decimating their businesses and creating further supply chain-related food shortages. Now the U.S. government wants 87,000 new IRS agents to comb through all of your tax records, looking for ways they can fleece you for more tax dollars … all while the majority of Americans sit idly by, watching Netflix on TV, worrying about their toil, their next meal and whose going to save them from all of this government stupidity. Because of the decimation of our political system, we are about to become involved not only with a war in Ukraine, but also in a proxy war over Taiwan. In essence, America will be fighting Russia and China … and the results will not be pretty. Our Southern Borders have been allowed to be invaded and our country is being overrun by socialist-believing illegal aliens who all think that “Biden” invited them to come so American taxpayers can foot the bill to introduce our society to cheap labor while the rest of America rots in hell.

America truly has lost its way because the majority of its people put the government first and not God.

THE SOLUTIONS YOU WANT TO BE A PART OF

Any right-thinking American has done enough research to understand that anyone that got COVID-19, especially those who have been injected with the actual virus, have been attacked by a bioweapon and the suggested solution here (not medical advice, but what a lot of front-line doctors are recommending) is to supplement your immune system with proteolytic enzymes to thwart the spread of the spike proteins that have invaded your bodies, either through the disease itself (also man-made and patented), because most right-thinking Americans understand what the real “truth” is behind the creation of the virus as a means to depopulate America. The only salvation you now have, via healthy living, is to change your diets and means of livelihood to accommodate what was previously discussed in the Biblical passages first presented in this post.

Those who are in a position to downsize and move to more “free and independent” States of the Union need to formulate a plan of action of migration to safer climates. Those living in major cities are now at risk. Those living in colder states are more at risk come winter when oil prices and food shortages are going to have a serious impact on our well-being. If you have lots of “stuff” you can unload in yard sales, now or on FB Marketplace or eBay, now would be a great time to do that. Use the proceeds to stock up on long-term food supplies to sustain your family until the political crises subside. These crises will not subside however for at least two years, so you can plainly see the gravity of investing in real estate when the markets are going to again, succumb to a wave of foreclosures to the likes of what America saw in 2009. Buying acreage in certain areas of the country is still affordable.

If you are in a position to pull your kids from public schools, do it … and homeschool them. If you are not living in a State of the Union that supports homeschooling, then move to one that does and homeschool your kids. DO NOT ALLOW YOUR CHILDREN TO BE “VACCINATED” WITH ANY COVID-19 SHOT. If you have not been paying attention, certain states and school districts are mandating it and you cannot allow your child to be killed or injured by these jabs as you as the parent will be faced with caring for a child that may end up dead or severely injured … and yes, that’s on you as the parents. The government lied to you when it said these shots were safe and effective. Again, another yeah right. In other words, whatever the CDC, NIH, or any other medical outfit in the government tell you, it’s a lie. Do just the opposite. It’s not unAmerican to say “NO!” It’s a means of self-preservation.

As I promote on the show, it’s all about community. Your local community. If your State of the Union is embroiled in dirty politics (which generally the blue states are), focusing on what your State is doing serves no purpose in your local community’s attempt to survive. You need to get involved at the county level. You need to become acquainted with your Sheriff. Join the CSPOA and get active in your local community. Find out who the major players are and ask them what they’re doing to help solve your community’s energy and food crisis. If they think there’s no food shortages or energy crises, they need to be replaced by right-thinking Americans with conservative Christian values (the liberal value systems are NOT working). Ye shall know them by their fruits.

Get involved in your county’s election system. Become a poll worker or poll watcher. Monitor every single aspect of the election process in November. Have your cell phone at the ready to record any malfeasant behavior (harassment of poll watchers, boarding or papering up of windows, all the crap that happened in 2020, etc.) and be ready to call 9-1-1 and get the Sheriff out there. Report what you’ve seen and demand the Sheriff enforce the election laws of your State (which would mean you’d have to know what those laws were, right?).

Set up barter networks. Take on a skill to supplement your barter-ability. If you have a service you can barter for that can operate in a down grid situation, even better. This can only be done on the local level. Get plugged into existing farmers’ and flea markets and ask who (vendors operating in those farmers’ or flea markets) would be open to barter. In the event the real SHTF, you’re going to need to make connections. You will especially need those connections in the event America is attacked directly (and not just by a nuke). See the attached report below by one of the guests on my show. I’ve interviewed state senators on my show who all say EMP is not a matter of “IF” but “WHEN”. They believe it will happen, if not by a deliberate nuke overhead, but through coronal mass ejections or solar flares.

If your home or vehicle is not protected, it should be. You can use my show promo code “TPH” (for The Power Hour) on the EMPShield.com website to get a $50 discount. You should access the free library on the EMPShield.com website and read ALL of what’s available. You will be convinced, if you’re not already.

You will need alternate energy sources that are protected and you can get more details from these reports.

Here are some other solutions (in brief): firewood supply, alternate fuel supply, solar powered generator (to run minimal appliances, provided they still work), manual kitchen food prep items, several months of food storage, emergency means of obtaining water. Running out of toilet paper will be the least of your concerns if you have no access to water. Reports are included in this post that cover a lot of this stuff.

And last but not least, if you have the ability to stock up on guns and ammo, do it. You will (at some point) have to protect your homestead from intruders, which could be any enemy of the Constitution, both foreign and domestic. A box of rounds and a shotgun isn’t what we’re talking about here either.

If the SHTF, you will be talking about civil unrest of massive proportions. It will start in the major cities and spread slowly out into the countryside. You definitely want to be a part of the solution, not the problem. Those living inside of major metropolitan areas will suffer heavy casualties as the system of things implodes (within 72 hours). Those who are part of the problem won’t be around to see the end result. Those flying on aircraft if an EMP hits (about 3,000 aircraft are airborne at any given moment) will plunge to the ground, taking out residences and commercial buildings when they hit. Nearly a half million will die just in that event, both from the airliners and those on the ground hit by the planes and/or their debris. Cars on the roadways will cause instant gridlock. Only those with EMP Shields in their vehicles might be able to navigate their way around standstill traffic, at risk of being carjacked by those who are stranded. SOLUTION: Navigate only on passable roadways (that have shoulders and lots of access points on them to avoid being stuck (and less bridges, which will jam up immediately and remain gridlocked forever). The idea is to know your back roads and be able to get home, your safe spot.

You also need to be aware that in a grid down situation, 9-1-1 and law enforcement will NOT be available and you are on your own (think Wild Wild West). Those without the means to defend themselves will be killed by intruders and home invaders who will come for them and their “stuff”. Nothing that uses electricity will work, so your alarm system and your home telephone won’t either. Law enforcement will be incapacitated and more than likely, will be trying to get to their homes to defend their families. I can guarantee you they won’t be afraid to shoot home invaders so why should you? This comes as a shock to many of you, because the invaders may be unprepared neighbors (who have guns) that know you have power, can smell your food cooking and want what you have and will use any means necessary (and that means ANY means necessary, including violence).

THE GOVERNMENT IS NOT YOUR SOLUTION

God gave us all free will. He gave us the opportunity to gain knowledge. Having your butt parked in front of the TV half the night because of your insomnia (due to worry) only adds to the problem. The way most Americans are reacting these days is like the housewife who proceeds to vacuum the house after hearing an incoming nuke is headed in her direction. Wisdom is knowledge applied. You can only do for yourself first before you can help your neighbors. You cannot expect the government to help you. Example: Hurricane Katrina. Instead of helping those affected, the government sent SWAT teams door to door to confiscate peoples’ guns. You need to understand government mentality. Everything the government touches turns to shit. You have to put your faith in God and use wisdom in dealing with crisis situations rather than simply putting a bullet in your own head. THAT is definitely NOT a solution worth pursuing. Don’t think you won’t hear of a rash of murder-suicides happening if the SHTF. It will.

Whatever your priorities are in life needs to be evaluated now. Multi-billion-dollar entities like Vanguard, Black Rock and State Street, who are accumulating properties to rent from those being foreclosed on, will find themselves in a world of hurt if EMP strikes because no one will pay rent to them and they will be powerless to collect it. Any “on foot resistance” will likely be met with gunfire. They won’t risk that either. The government has used our tax dollars to fund its own solution … Faraday cages underground. If we experience a grid down situation, all those government employees will forget their allegiance to Uncle Sam and bug out away from the government, who elitist leaders do not care about them.

Sometimes I wonder that an EMP event like the Carrington Event of 1859 might not send enough of a sign to those who remain ignorant that their world is fragile and vulnerable, like the U.S. power grid. Renewable energy involves electronics and electronics can be destroyed in an EMP event. So much for the green new deal, eh? The more this administration pisses off Russia, China, North Korea and Iran, the more likely an EMP event will occur. America’s political leaders will find themselves in the same boat as the rest of us and there are those who will hunt down these unfaithful, self-serving politicians and give them their just rewards.

God gave us free will. He gave us the opportunity to possess knowledge. Wisdom is knowledge applied. God gave us that too. If we choose to make Jesus Christ our Lord and Savior then and ONLY THEN will things be made manifest and the truth shall be exposed for what it is. Do not be overburdened in thought or overwhelmed by it all. After all, the way to get rid of the elephant in the room is one bite at a time.

Listen to The Power Hour for more details and information.

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Discovery you can’t afford to miss: the SEC!

(OP-ED) — The opinions expressed herein reflect those of the author and should not necessarily be construed as legal advice; however, the material has been vetted by an attorney who loves the thought process behind what is expressed here.

While everyone is getting the “rope-a-dope” from the banks and their mortgage loan servicers, no one’s looking to the enforcement arm of Wall Street … the revolving door into the United States Securities and Exchange Commission (“USSEC”). The author will abbreviate this agency, who is supposed to enforce violations of securities laws; however, seemingly, apparently hasn’t been doing so to the extent that We the People need them to.

The author of this post held off posting this article for the sake of clarification, insomuch that jumping the gun and sending the readers of this post on a wild goose chase for nothing would have been totally discrediting and thus, non-productive. Now that clarification has been achieved, it’s no holds barred.

The author devised a set of discovery, which was then turned into more productive aspects of a means to an end. That discovery revolves around the USSEC, who has the goods you’re looking for if you happen to be facing a REMIC trust, which most of you are since most of your loans were securitized.

This concept and thought process involves a two-pronged attack on the USSEC. Here’s step one:

If you’ll visit sec.gov, you’ll notice the search box in the upper, right-hand corner of the website.

Type in ONLY the REMIC trust’s “Series Number” (for example 2004-NC3, which I will reference in this post as the example). Do NOT type in the entire trust’s name and gobbledygook as you’ll end up with non-descript stuff you can’t use. Once the actual REMIC’s name appears below the search box, make a note of the “CIK” number by whatever means possible because this information will become part of your discovery request.

Rule #1: You cannot serve discovery on a non-party to a lawsuit!

Don’t even try it. You will be wasting your time and money. Instead, the attorney the author spoke with zeroed in on the fact that if you make the USSEC a third-party defendant in your case, the courts will most likely throw them out (dismiss them from your suit) at the first opportunity, much to the objections of the mortgage loan servicer (who’s bring the foreclosure against you trying to reimburse its own coffers), who will then figure out what you’re trying to get at. Thus, the attorney suggests getting a subpoena issued straightaway against the USSEC, asking for certified copies of information directly related to the REMIC trust you’re dealing with. Here’s where the concept attempts to get results:

Submit a complete and true certified copy of the 424(b)(5) Prospectus for 2004-NC3, filed with the USSEC on April 12, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on May 3, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of April 16, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on June 2, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of May 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on July 1, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of June 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on August 3, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of July 26, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on August 27, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of August 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on September 28, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of September 27, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on November 1, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of October 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on November 29, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of November 26, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on January 3, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of December 27, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of November 26, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of October 25, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of August 25, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of September 27, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of July 26, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of June 25, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of May 25, 2004.

Submit a complete and true certified copy of the SEC Form 15-15D, known as Suspension of Duty to Report [Section 13 and 15(d)] of 2004-NC3, filed with the USSEC on January 26, 2005.  

Submit a complete and true certified copy of the 10-K, known as Annual Report [Section 13 and 15(d), not S-K Item 405] of 2004-NC3, filed with the USSEC on March 31, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of March 7, 2005.

EXPLANATION OF WHAT’S BEEN REQUESTED THUS FAR …

From the pull-down menu at sec.gov (when you’ve retrieved the REMIC’s files), print and save the list of all of the documents that have been filed with the USSEC on that particular REMIC. This should not be considered as over broad and burdensome to the USSEC since all of these files are contained within the USSEC’s database. They can easily be retrieved and the fee for sending it all to you is $4.00 in postage.

In this particular example, the pull-down menu, which was printed out in full, contained 19 documents, all of which became part of the request for production under subpoena.

You can either ask for all of these documents (that are contained within the USSEC’s files on the REMIC, which in this case was 19) outside of a lawsuit if you wish to get an advance look-see at everything. That’s an option if you don’t want to subpoena the records from the USSEC. However, there’s more to the story than what we’ve covered so far. This is where the subpoena comes in with the double whammy. A lot depends on the timing of the request and whether you’re attacking the servicer ahead of the foreclosure. You’ll want to depose someone with direct, first-hand knowledge of the REMIC you’re going after.

And here’s step two:

Get the court clerk to issue a subpoena to the USSEC to get them to produce someone with relevant knowledge of the documents that can verify and validate any violations of the governing regulations of the REMIC trust. (Again, this is framed as a suggestion and not given as legal advice!)

Inside of the subpoena, you can demand the USSEC check ALL of its records and produce whatever it has, in certified form, for the following (and this is just a sample):

Submit complete and true certified copies, if any you have in your possession or control, of all notes, memoranda and agreements for any certificateholder settlements known to the USSEC for  2004-NC3. 

Submit complete and true certified copies, if any you have in your possession or control, of all known litigation filed by any certificateholder, known to the USSEC for  2004-NC3. 

Submit complete and true certified copies, if any you have in your possession or control, of all known USSEC-related prosecutorial actions taken against 2004-NC3. 

Submit complete and true certified copies, if any you have in your possession or control, of the mortgage loan documents which name the Plaintiffs as the Borrowers that demonstrated that the trustee of 2004-NC3 received the documents described on Page S-75 of the 2004-NC3’s 424(b)(5) Prospectus according to the stated governing regulations. 

Submit a complete and true certified copy, if any you have in your possession or control, of any document that demonstrates the negotiation or transfer of the Plaintiff’s mortgage loan and all related documents therein, which specifically identify the date these mortgage loan documents, including all assignments of mortgage (or deed of trust) thereto, that were documented as part of the transfer from the Depositor to the REMIC trust by the trust’s Cut-Off Date.

You’ll want to review all of the trust’s “FILED” documents first, because the Amendments inside of those REMICs may reveal changes in the number of certificate holders receiving the 8-K’s and 10-K’s and may further reveal the actual “condition” of the REMIC before and after it closed. You’ll need this information for the next step.

Rule #2: You cannot depose a non-party to the suit without relevant cause!

This is a great way to get the mortgage loan servicer’s attention because if the REMIC trust settled out with all of the certificate holders, then the mortgage loan servicer, the real party bringing the foreclosure, has no standing because it can’t prove concrete injury-in-fact required under Spokeo v. Robins. Thus, it has no standing to pursue a foreclosure. And it’s going to fight you tooth and nail to keep its position in the suit because it wants to steal your property.

Don’t expect the mortgage loan servicer and its attorneys to sit idly by while you depose someone with knowledge of the particular REMIC trust. They’ll have their attorneys in the deposition, so you’ll have to craft your questions in such a way so as to expose the bad behavior on the part of the servicer’s employees when it comes to having the USSEC deponent examine the recorded assignment(s), specifically for:

  1. Who prepared the assignment? (Was it the law firm or the servicer’s employees?)
  2. Who executed the assignment? (Was it someone who wasn’t really who they said they were?)
  3. When was the assignment executed? (Well after the Cut-Off Date of the REMIC trust?)
  4. When was the assignment recorded? (Well after the Closing Date of the REMIC trust?)
  5. What do the governing regulations for this particular REMIC state about Assignment of the Mortgage Loans? (Is it obvious to the USSEC deponent that the regulations were violated?)
  6. Has the USSEC ever been notified by anyone to investigate this particular REMIC trust?
  7. Does the USSEC have any records of whether or not a credit default swap counterparty paid the certificate holders in full?
  8. Does the USSEC have any records of whether or not any default insurance policies paid the certificate holders in full?
  9. Does the USSEC have any records of whether or not there were any settlements wherein the certificate holders were paid in full or in part; thus settling any future payments due to them?
  10. Has the USSEC ever investigated this REMIC for any securities violations or irregularities?

In other words (and this is just a smattering of all of the questions to be asked of your USSEC deponent) … you’re trying to get the USSEC deponent’s attention to the fact that he/she can testify as to the fact that none of the governing regulations for the REMIC were complied with and that under New York Trust Law, they are void. Any question relevant to violations of the REMIC’s governing regulations would require a statement from the USSEC deponent that could be inferred to be a conclusion of law and the other side will object, but the comment will still go on the record, where the judge can see it.

This is a direct way to get someone in authority to see the assignments as fraudulent and to initiate a potential investigation, both civil and criminal, which may force the mortgage loan servicer to back off rather than run the risk of an exposed criminal prosecution.

You want the judge to see the REMIC for what it is and what the servicer is actually trying to do. Because most judges think they’re pensions are tied to these REMICs, to discover that the REMIC has been closed and the certificate holders paid would mean that the servicer (who has no contract with you) can triple-dip by stealing your home and that the judge doesn’t have to worry about his pension is going to be affected by making the proper ruling and kicking the mortgage loan servicer out of court.

If the investors (certificate holders) settled the case with the REMIC and accepted payment in full, how then can they come into court and claim they were financially harmed? They can’t … that’s the point. They’d have to prove they were damaged and if they got an insurance settlement and were paid in full, they weren’t damaged; thus, the mortgage loan servicer would be potentially committing fraud on the court to attempt to introduce evidence to the contrary.

Remember, in order to issue a subpoena, you have to file suit. You can use the SEC’s own forms to request all of the documents contained in the REMIC’s file for the shipping fee and they will send them certified (outside of the litigation); however, that takes time and doing it outside of litigation means the court has no control over the outcome of the request for anything from the USSEC. The fees for deposing a single party or entity these days is $3,000 – $5,000 depending on where the deposition takes place. However, if you’re trying to protect a million dollar property, no stone should be left unturned.

Again, this isn’t legal advice. It’s just plain common sense.

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Winning an FCRA case on the back end of a foreclosure … on appeal in the 9th Circuit

(BREAKING NEWS, OP-ED)– The author of this post is a paralegal and consultant to attorneys on foreclosure defense and consumer issues. The case posited above is for your educational benefit only and any commentary presented here does not portend to convey any legal advise whatsoever.

The U.S. District Courts never cease to amaze this author given the blatant facts and allegations presented by the Plaintiff (Gross) in his FCRA case against CitiMortgage, Inc. The lower court justices nearly always rule for the banks no matter what. Could it be because the federal judges are vested in these banks and are conflicted out? This is why Judicial Watch puts out a list of financial records (those that have been obtained) of the federal court system’s judges’ for all to see and review (at the following link): https://www.judicialwatch.org/judge . And the cause and effect situation expressed here is exactly why we have appellate courts. The downside to this equation is the amount of money the Plaintiff had to spend litigating it before the Ninth U.S. Circuit Court of Appeals.

CASE NOTES

Understand that Gross (the Plaintiff) lost his home to foreclosure and to add insult to injury, Defendant CitiMortgage, Inc. (as the second lien holder in a deed of trust state) used the three major credit bureaus as a punching bag against Gross, tagging his credit reports with erroneous, derogatory trade line items showing Gross being multiple times delinquent when in fact, the second mortgage was extinguished in the foreclosure under Arizona law. Gross challenged Citi’s behavior after disputing it with the three credit bureaus, all of which supported Citi’s continued erroneous reporting of derogatory information on Gross’s credit reports. The lower court dismissed all other defendants from the suit except Citi and then ruled in Citi’s favor. Gross then appealed the matter to the Ninth Circuit.

This 13-page ruling goes into great detail on the purpose of the Fair Credit Reporting Act and what it allows a consumer to do in the way of litigation. The author found this case useful in providing enough detail to overcome a 12(b)(6) dismissal in the way that prima facie evidence is discovered or provided at the onset of the case. The case was reversed and remanded back for a jury trial. Thus, the U.S. District Court judge in this case (Roslyn O. Silver) is going to have to deal with it the way it should have been done in the first place.

AUTHOR’S COMMENTARY

The author specifically wrote a book called The Credit Restoration Primer (now in its 5th Edition) for a reason. It is still highly likely that 85% of information being reported on a consumer’s credit report is erroneous and disputable under the law. This is why the author also included all of the dispute letters he used to rid his credit file of unwanted and erroneous information so as to further his future exploits.

It is sad that the banks and third-party debt collectors continue to beat up on consumers like they do, given the fact America is facing a “social credit scoring system” if the current powers that be continue to push their liberal, leftist, Marxist policies. Italy is already in the process of implementing such a system and this will not bode well for those under its iron fist.

Given the current scenarios, it would be wise to check on your credit reports often (pull them twice a year) and make sure that all negative information is disputed, especially if it’s erroneous. In Gross’s case, he was trying to get another mortgage and Citi’s erroneous and derogatory information plagued any attempts by him to “move forward” after the loss of his property. While this case certainly serves as a learning curve, it also presents a sad history of how the banks continually screw consumers at every turn, when “we” all just want to “get ahead in life”.

On another note, according to recent reports, GenZ’ers are getting themselves into a lot of credit card debt, all this in the face of not wanting to work and live at home with their parents. This author could only wonder what mommy and daddy would say when the dunning phone calls start coming during the dinner hour about junior’s delinquent credit card bills. With the rising cost of homeownership and rising mortgage interest rates, this stupid reliance on credit cards to finance these impudent pups’ spending habits are likely to implode and wreak future havoc on American society. No pot to piss in and yet they all vote for politicians that give them handouts from a government that was not designed to give handouts.

The author is a nationally-syndicated talk show host on The Power Hour. See him live at the Clay Clark’s Reawaken America Tour in Myrtle Beach, SC by clicking on this link!

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Quiet Title Actions, Multiple Scenarios and Suspected Court Overreach

(BREAKING NEWS, OP-ED) — The author of this post is a paralegal and trial consultant to attorneys on chain of title issues. The article is designed to educate and is not to be construed as legal advice or to attempt to draw any legal conclusions of law.

A Supreme Court of Iowa case came into my inbox this morning and after reading its 14 pages, it became a relevant topic for discussion here.

In this suit, the tax deed holder (ACC Holdings LLC), twice tried to sue the owner of record (Rooney). The Iowa Rules of Civil Procedure only allow for two “bites at the apple” (IRCP 1.943) and the second voluntary dismissal operated as an “adjudication on the merits” (in other words, by dismissing its own case twice, it blocked the Plaintiff from suing a third time by creating case law, based on a third filing of the same claim). One would begin to wonder exactly what the attorneys for the Plaintiffs were thinking.

You can read the case file here:

A lot of different ideas came to mind.

First, the property owner could have set up a payment plan with the County Treasurer to pay his past due tax bills, but didn’t.

Second, even failing to set up a payment plan, when the homeowner’s property went up for tax deed sale, the homeowner even had a 90-day chance to redeem the property; yet, he didn’t do that either. Most folks would look upon this guy as a tax cheat who should get his comeuppance.

Needless to say, the investor/Plaintiff obtained a tax deed. Anyone playing this game (like the author) knows that you have to quiet the title in order to make the property marketable. Instead, the Plaintiff served the homeowner with a notice to quit, followed up by a small claims court forcible detainer action, alleging the homeowner was a tenant at sufferance after the issuance of a valid tax deed.

This time, the homeowner fought back by moving to dismiss the Plaintiff’s claim based on the small claims division not having jurisdiction over tax deed actions. The fact the homeowner fought back caused the investor/Plaintiff to voluntarily dismiss its action, but not before filing its second action in district court (instead of small claims court). The mistake the Plaintiff made was using the same, previously-dated, notice to quit that had accompanied the first petition and after seeing the mistake, voluntarily dismissed the second forcible detainer action, which triggered the Rule of Civil Procedure, making a third action moot.

Third, rather than read the Rules of Civil Procedure, the investor/Plaintiff filed a third action for forcible detainer in the district court with a new 3-day notice to quit attached. The homeowner, whose attorney knew what was going on with the IRCP, filed an answer asserting 3 defenses. As usual, no matter how many valid arguments a homeowner might posit, the district court judge doesn’t care and awarded the homeowner’s property to the investor/Plaintiff. The homeowner appealed and the Supreme Court reversed and remanded with instructions, but not without a gob of explanation.

Fourth, a lot of analysis (worth the read) went into the rendering of this opinion. There are some genuine “nuggets” in the analysis that any homeowner looking at quiet title/tax deed issues should examine.

Fifth … and most shockingly … the Iowa Supreme Court sua sponte, took it upon themselves to bring up the discussion of a quiet title action in the form of a question. If this isn’t a “tip-off” to the investor/Plaintiff, what is? However, Pages 10 – 14 had more “teeth” in it for the investor/Plaintiff’s attorneys to chew on. You can bet they won’t make the same mistake twice after reading the Court’s ruling, which dismissed the Plaintiff’s case with prejudice.

Sixth, NOW … the Plaintiff’s attorneys can use this case material as a reference to bring a quiet title action, wherein the Court even ruled that the Plaintiff could bring such an action. By legally posturing the entire case for the Plaintiff, one must ask whether or not the Court exceeded its judicial boundaries by “stepping outside” of the case to submit its own remedy which benefitted the Plaintiff in its future endeavors to evict the homeowner (who claimed he had a disability).

Disability or no disability, one could have made a deal with the taxing authorities to make payments on the tax debt, even at the rate of $100 a month. Now, due to the Court’s “extended ruling” sua sponte, the disabled homeowner is soon going to be kicked to the curb with all of his possessions. Given this Court’s nature as well as the nature of the lower courts, don’t be surprised if the Plaintiff’s attorneys don’t ask the homeowner to pay attorney’s fees when they prevail in court, using the Supreme Court’s template as their basis to quiet title.

Sadly, one must also consider why the homeowner decided to fight (and retain counsel) instead of paying his taxes (which would have been considerably less expensive). Part of the problem with many homeowners is the misguided effort to fight the wrong battle. It would have been better to pay the taxes than pay an attorney and lose the home anyway.

One must also ask … is it worth taking the matter to the Supreme Court of the United States and asking the nation’s highest “conservative” Court whether the Supreme Court of Iowa’s extended ruling violated the civil rights of the Defendant homeowner for educating the Plaintiff’s attorneys in how to obtain the Property? Nope. This homeowner couldn’t afford it anyway. It’s over $15,000 just to file the damned case in the U.S. Supreme Court and there’s no guarantee the Court will hear the case anyway.

And this is why these scenarios are put forth. Homeowners in trouble generally do not pay their hazard insurance or property taxes. That’s the first sign they’re in financial straits. And this is one way that the investors are going to grab up properties to rehab them and turn them into rental properties, which brings to the forefront this author’s key argument that this nation is being turned into a nation of renters because of the lack of homeowners’ financial education.

It is for this reason the author wrote the book Clouded Titles.

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