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LESSONS LEARNED … INTER ALIA

(BREAKING NEWS — OP-ED) — The poster of this blog is not an attorney and thus, the items proffered on this post should be taken in context as court rulings and should be further interpreted by bar-licensed attorneys (past the point of your personal discretion).  The commentary posted here is not legal advice but is for your educational value only. 

The month of March certainly roared in like a lion when it comes to court cases.  There are 3 of them which are integral to learning about foreclosure defense as to the “what to do” and “what not to do”, or in the alternative, what to “take away” from the herein discussed cases versus “what is irrelevant” and unimportant in them.

FEDERAL CASE: FDCPA

The attached case is a precedent setter out of the Third U.S. Circuit Court of Appeals:

Riccio et al v Sentry Credit Inc, 3rd App Cir No 18-1463 (Mar 30, 2020)_Precedential

If anything could work to your benefit, the Appellant’s attorney’s contact information is listed within the ruling.  This case involves abusive debt collection practices prohibited under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.

This case appears to work to your advantage in the event some snarky foreclosure mill lawyer attempts to remove your case from state court to federal court, which allows you to amend your declaratory relief action to include “debt validation” because this case smacks in that direction, the requirements of a validation notice under the Act.  The questions in this case concerns whether “oral disputes” are also covered under the Act.

This is one of the key reasons I keep telling people, when it comes to debt collectors, you can’t take phone calls into court … or can you?

15 U.S.C. § 1692g(b) specifically demands that the debt collector needs to be notified “in writing” within the 30-day dispute period, demanding validation of the debt. This is the very issue that the Third Appellate Court appears to have considered.

This case clearly involves a third-party debt collector, whom we all hate, right?  Because the defendant (Sentry Credit, Inc.) (a.) was out of state; and (b.) involved a federal question (FDCPA), this case definitely belonged in federal district court (see my book FDCPA, Debt Collection and Foreclosures for further explanation).

The thing is … the defendant did indeed require a response from the Plaintiff in writing; however, it also provided her with “multiple options”, including calling them on the phone.  Debt collectors just love it when you call them because they can use their “power over” tactics on you to verbally beat you into submission and get you to pay.  This is why I’ve always said, “put it in writing”, no matter what.

Page 10 of this ruling clearly indicates the Court deemed that “intra-section variation strongly signals that § 1692g permits oral disputes.”   Page 11 also indicates that if you call up and dispute the validity of the debt, without putting it in writing, the debt collector can continue its collection efforts. Putting the dispute in writing (and sending it certified mail, return receipt requested) puts the debt collector on official notice and starts the clock ticking, wherein a response is due immediately.   Pages 12 and 13 bring to bear the “that dog won’t hunt” argument against overreaching in an interpretation of the law to get it to mean what you want it to mean.

Frankly, when debt collectors used to call me … I knew what my rights were and I pinned their ears back with FDCPA and challenged them on everything they said, telling them to “put it in writing” so I have something to take them to court on.  Arguing over the phone is like electricity, the path of least resistance, especially when it comes to enforcing your rights under the law.  There is no easy way out.  If you want debt collectors to do anything, maintaining your right to engage them on the phone is just as good as doing it in right because it saves you time and a stamp … well, now it appears you’re grasping at straws.

More importantly, the Third Circuit didn’t want to upstage Congressional intent when it wrote the language into the law by attempting to “correct a congressional error” and make its own law out of what Congress intended, thus “rescuing Congress from its drafting errors”.

Even more importantly, the Third Circuit also delineated the difference between a “panel ruling” and the effectiveness and superior trait of an “en banc” ruling (the entire appellate court).  It’s important to really get into those pages (18-21) and the discussion involving the differences in opinions (a real educational plus).  Stare decisis is also covered within this discussion, which, if nothing more, is good in of itself for educational enlightenment. Not only that, the Third Circuit overturned one of its previous decisions as to “oral disputes” based on the lack of FDCPA language!

In issuing the ruling, the Third Circuit clearly made it plain and simple that if you want the FDCPA to work in your favor with “no legal impediments” … then stop being lazy, quit arguing with the debt collector over the phone … and put your demands in writing so the law will firmly support you when you file an FDCPA suit!

INVESTOR WINS HOA FORECLOSURE SALE SUIT IN NEVADA!  

There’s no doubt that homeowners associations wield a lot of power.  In some states, like Nevada, after a period of time with no challenge, the parties purchasing HOA-foreclosed properties can wipe out a debt without it being considered “super priority” lien status.  Such was the case here:

Berberich v Bank of America et al, 136 Nev 10 (Mar 26, 2020)

I just love the way the Nevada Supreme Court writes its opinions … short and sweet and easy to understand.  Thus, I’m not going to be verbose here.  What this boils down to is why we have appellate and supreme courts … district court judges are always “looking out for the banks” and have a tendency to “err on the side of … ”  (I didn’t say “caution”).

What this all boils down to is chain of title.  The possessor of the property held it in title for nearly 6-1/2 years and sought declaratory relief to extinguish the deed of trust which secured a prior owner’s mortgage (if you need a full-blown course on cancellation and expungement actions, you can get it HERE!) loan.

The Plaintiff even sued MERS (which I wouldn’t have done … but) because it was a MERS-originated deed of trust.  Bank of America, N.A., which appears to have little regard for quiet title actions, especially when it comes to their alleged “skin in the game”, argued the Plaintiff’s complaint was untimely.  The Plaintiff filed a motion for summary judgment (meaning no triable issues of fact) and the District Court (looking out for the banks like these judges always do), ruled against the Plaintiff, who timely appealed.  Like the previous case I discussed here … again, relevance to prior case law comes up as to actions to quiet title and considering the statute’s “plain meaning”.  The importance of the plain language is clearly clarified in this ruling:

“Now taking a closer look at the statutes plain language, we clarify that the limitations period provided by NRS 11.080 only starts to run when the plaintiff has been deprived of ownership or possession of the property.

Thus, considering the statutory text as a whole, we conclude the limitations period in NRS 11.080 does not run against a plaintiff seeking to quiet title while still seized or possessed of the property.4 See Kerr, 74 Nev. at 272-73, 329 P.2d at 281 (indicating in dicta that NRS 11.080 did not apply where the plaintiff was in joint possession of the property “up to the very time when he commenced his action” to set aside a deed based on fraud and failure of consideration).

Consistent with this understanding of NRS 11.080, the limitations period is triggered when the plaintiff is ejected from the property or has had the validity or legality of his or her ownership orpossession of the property called into question. See, e.g., Salazar v. Thomas, 186 Cal. Rptr. 3d 689, 695 (Ct. App. 2015) (discussing the general rule in California, which has a statute almost identical to NRS 11.080, see Cal. Civ. Proc. Code § 318, that “whether a statute of limitations bars an action to quiet title may turn on whether the plaintiff is in undisturbed possession of the lane (quoting Mayer v. L&B Real Estate, 185 P.3d 43, 46 (Cal. 2008))).

“[M] ere notice of an adverse claim is not enough to commence the owner’s statute of limitations.”

Thus, Nevada’s highest court found that the statute does not bar a property owner who is in possession of a piece of property from bringing a quiet title action; however, the statute of limitations begins to run once the owner has notice of disturbed possession.  Since that wasn’t established (as to disturbed possession), the en banc high court reversed and remanded the case back to the district court with instructions!

U.S. BANK SCREWS MAINE HOMEOWNER … BUT WERE ALL THE DUCKS IN A ROW?

The State of Maine’s Supreme Court has come out with some pretty damning case law against the banks, especially when MERS is involved.  I will cite the most important “take aways” from this case and also get into the real “red meat” that appeared to have been missed.  Read the case first:

US Bank NA v Gordon, 2020 ME 33 (Mar 17, 2020)

First, since a REMIC was involved, no one bothered to question whether the assignment was bogus. No one questioned as to whether the appellant-homeowner was really in default, as there is enough language out there (in the mortgage loan community) to indicate that on the 25th day (or so) of every month, the servicer makes advance payments to the investors through the Trustee.  So then, the question becomes, who was harmed?  The borrower didn’t have a contract with the servicer.

No one bothered to challenge the endorsement either. As always is a precursor in the First Circuit, most court cases discuss MERS “nominee” status in the recording of the mortgage (as if MERS has some glorious, all-powerful rights vested in it because it’s an “agent”).  It also appears that the servicer may have executed a phony “ratification of assignment”, which memorialized the previous 2009 assignment.  This of course, happened RIGHT BEFORE foreclosure proceedings were commenced.  The Borrower of course, challenged standing based on his claim that the ratification was “inadmissible hearsay” and that even if admissible, it was insufficient to prove U.S. Bank’s ownership interest in the mortgage.

Page 3 clearly explains the effects of a recorded document under subheading “A”.  Not once did I see (and you can fact check me if you want to) an attempt to do a C&E on either the assignment or the ratification that was used to give more “legal effect” to the first bogus act (in 2009).  Gordon had plenty of opportunity to challenge the validity of these documents under M.R.S. Title 17A, Ch. 29. Nor did Gordon attempt to destroy the validity of these documents by civilly putting forth a cause of action under the Maine Unfair Trade Practices Act (Title 5 §§ 207 and 213). Maine has existing case law that allows for documents to be challenged, cancelled and expunged … Abbott v. Treat, 78 ME 121 (1886) … and that is an OLD, WELL-ESTABLISHED CASE!

Once these two documents were challenged, Greenleaf and Saunders, Maine’s two infamous anti-MERS cases, could have then come into play here.

In other words, you can’t create and record one phony document to give the first phony document more legal force and effect when the first phony document was full of false and misrepresentative statements (constituting perjury on the land record).

There was no discussion on the authority of the MERS (potential) “robosigner” on the first 2009 assignment of mortgage.  Despite all of the colorful “resolutions” that MERS puts out into the marketplace in an attempt to give its “agency” status some sort of God-complex-like authority, its “Certifying Officers” have to have a fidelity bond and an errors and omissions insurance policy, naming them as insured.  Lacking this, the signers lack authority to do anything, except to go into a closet and play with themselves.

It also further appears that Gordon had a “legal aid” attorney representing him, which is another reason the attorney probably wasn’t aware of document challenges, which this case appears to have been totally ripe for challenging.  This ruling came out on St. Patrick’s Day … definitely NOT the pot of gold at the end of the rainbow.

INTER ALIA … (the Latin term for “among other things”) …

There are other valuable lessons we’re learned through time and that is how the United States (and its individual states) respond to a crisis … like the crisis we’re currently facing.  Despite the fact that this coronavirus has not taken the toll of the Swine Flu, the Avian Flu or most certainly the Spanish Flu, it still shows us that our medical response-ability in this country is sorely lacking.

In Florida, 170 people are now dead as of the 6:00 p.m. count, with 1,334 admitted to hospitals (figure a 50% mortality rate) and 10,268 total cases opened of which 9,925 have tested positive for COVID-19 (figure a 30-40% mortality rate), so we’re looking at over 1,000 dead (just in Florida) before this is all over and we’ve not hit our “apex” yet.  There’s no flattening of any curve (and certainly not our tummies from all of the unhealthy junk food we’ll be consuming the next 30 days) any time soon.  This 30-40% of the cases reported at present (up to 3,200) are at risk of expiring on a ventilator, that they may not get to be put onto because we lack them too.  So now I’m projecting our death toll at well into the thousands before this ends.  The U.S. toll will be much worse, especially in areas of dense populations (Detroit, New Orleans, Chicago, Miami) because … well … that’s just the way things are among the “entitled”. 

The State of Florida goes into a “safer-at-home” mode statewide as of midnight tonight (the 2nd). That does not however mean, that Floridians are going to absolutely “heed” the warnings and stay put.  They’re too used to partying.  I mean, with many in the Sunshine State claiming “retired status”, what else is there to do besides having back yard parties, formal and informal get togethers, golf and boating outings, fishing excursions and hanging out in bars listening to live music, getting hammered on happy hour pricing … along with going out to eat  … Floridians’ favorite pastime and going shopping.

It was obvious we didn’t learn the meaning of social distancing, so the “nanny state” has to kick in and do its thing to remind us we need to be more responsible to each other if we’re going to continue to survive, even in the future as to further pandemics.  And I’ll concede here the Governor’s order was late in coming, but will it have any real impact if peoples’ attitudes remain the same (as if the order hadn’t come at all)?  I’m not faulting the Governor’s delayed reactions.  None of us were prepared for this eventuality and we should have been.

We still lack masks, gowns and respirators.  We still lack toilet paper (because someone out there is wiping their ass a 1,000 times a day) due to hoarding, as well as hand sanitizer (despite reports that it may not be that “sanitary” to use as a foolproof guard (like Lysol) for NOT killing the coronavirus.

I am going to go to the store and buy one bar of Castille Soap (x 4 for 4 bathrooms in my house) and no more, so that I am sure when I wash my hands, ALL of the germs are getting wiped out, as there are questions of whether the “antibacterial” soap, which is supposed to get rid of “bacteria”, which viruses are NOT, is as effective as “they” say.

Among other things, join R.J. Malloy and me on City Spotlight-Special Edition on WKDW-FM this coming Monday at 2 P.M. EDT … click HERE to get online and then click LISTEN NOW to join the broadcast (at 4 minutes past the hour).

Stay safe and stay healthy (I’m still doing the Allimax thing and I’m feeling great! allimax.us).

A BIT DISCONCERTING UPDATE … 

Stuff has been circulating about that is a bit inflammatory and disconcerting as to some folks’ deep-seated feelings about Americans (click the photo to enlarge it and click the back button to return to the article):

I can safely say that not all of the Chinese feel this way. There is a certain segment of any population that has deep-seated resentment for someone or some group of people. Take for instance, the polarization that has occurred within the two-party system in this country. Why does it occur?  Because the media and the political pundits have been successful in pushing peoples’ hot buttons. It has forced societal upheaval that will compound the issues surrounding this pandemic.

I have not heard the latest socio-economic data on the “end result” this pandemic could have on America, but if people do not become united in the effort to “stay at home” and slow down the spread of COVID-19, this pandemic will take more lives than the Civil War (1861-65) did.  For those feeling “entitled” … you are “entitled” to your opinion … and you are “entitled” to stay home and be safe as well.  Again, the larger the population center, the more likely the spread of the virus because people feel the need to be around other people.

“Gee, I just found out I have the coronavirus.  I think I’ll go visit Grandma and give it to her. Then I’ll go visit my sister and give it to her and her kids. Then I’ll go to the local shopping mall and cough all over the place and give it to as many people as I can, because I have little regard for anyone else’s life if I’m on my way out the door!”

The foregoing paragraph may sound sarcastic; however, history has shown us that there are people out there in society who behave this way.  Bottom line … if you treat the situation as that everyone you know has it … you are only safe at home.  Like Dorothy said when she clicked her heels together 3 times … “There’s no place like home.”

 

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UPDATE ON CORONAVIRUS … MAY THE ODDS BE EVER IN YOUR FAVOR!

( OP-ED, Some BREAKING NEWS) — The death toll in Italy has (at the point of this post) hit the 7,503 mark, with 683 deaths reported in the last 24 hours.  Those who break quarantine are still subject to arrest.   Johns Hopkins University’s data tracking systems are reporting a total of 392,780 confirmed cases worldwide in 169 countries with roughly 20,500 reported and confirmed deaths from coronavirus (as of this post). Germany has 114 deaths on the books since the pandemic began, with the highest number of infections in the 15-59 age group.  In Spain, an ice rink has been turned into a temporary morgue, with that country reporting a total of 74,386 infected people and 3,697 dying of coronavirus, the second worst “hit” in Europe. Ireland seems to have been spared the same attack rate as Spain, with only 1,564 infected cases and only 9 deaths which makes the percentage rate at .006, which is barely negligible.  A lot of countries are dealing with this crisis much differently that Italy and Spain.  Italy especially is more susceptible because of the number of elderly who live there; thus, its numbers are higher. 

Then there’s America.  Land of the fee and home of the slave.  New York is reporting (within the last 24 hours) 25,665 cases (15,597 of those in New York City alone and 218 deaths).  New York officials estimate that the “attack rate” of the virus 28% of all test results as opposed to 8% throughout the rest of the country. This logically would appear to mean that the bigger the area you live in, the more reason there is to shelter in place right now.  New Jersey has 2,844 cases reported and 27 deaths. Connecticut’s numbers are lower, with 415 cases reported and 10 deaths (less than Florida’s current mortality rate).  I know … it almost appears as if we’re keeping score here … but the statistics tell us something.

The virus has killed at least 704 persons across the country with 53,000+ cases reported as active.  So far, 333 have reportedly “recovered”, but there is no telling whether they could contract it again.  That is getting close to what I would consider a “pandemic”; however, even with the possibility that most of those infected could recover, until they have been tested and know they’re positive, they are still considered “vectors”, who are still out contaminating the countryside.  There is also the possibility that we’re not being told ALL of the numbers, for fear it would exacerbate the already-induced nationwide panic. 

This coming Friday (March 27th), City Spotlight – Special Edition’s Dave Krieger (along with co-host R. J. Malloy) will be updating you on the latest statistics of what has happened in America and how communities are reacting.   The program airs shortly after 6:00 p.m. Eastern Daylight Time on WKDW-FM, North Port, Florida. Tune in for more information … as well as our “take” on things. 

Because of the panic created by the governments , both federal and state and the media, we’re going to bring you fallout commentary on what we think is really going on, albeit we’re going to try to stick to facts and avoid conspiracy theories (on the show’s website; click on the website, then click LISTEN NOW to join the program).  

FLORIDA CASE REPORT

As of the time of this post, the number of Florida cases rose by 378 overnight to 2,355, with 28 deaths.  Statistically, this represents about .012% of those infected; however, it does not tell us how many people are infected and don’t know it yet, which is why states are putting their citizens on lockdown and only allowing essential services to operate. Florida is not one of them yet.  To totally lock down Florida would literally kill its economy within 30 days and force businesses who were shut down to have to borrow to cover their losses, which, when restored, will likely be passed onto the consuming public. Currently, the Florida Department of Health is monitoring 1,655 more suspected cases, waiting for test results.  

Meanwhile, those business in Florida who are in need of assistance due to business losses can contact R. J. Malloy at WKDW-FM Radio (an agent for the SBA for the small business loans) at (941) 564-8739 and he can help you apply for low-cost emergency funds.

DO NOT COME TO FLORIDA! 

Excessive travel is not recommended, especially people planning on coming to Florida.  The Governor has issued an Executive Order for residents outside of the State of Florida NOT TO ENTER the State at all, especially from areas like New York, Connecticut and New Jersey, where the virus has been tabulated in record numbers. The Executive Order appears to have been issued due to residents fleeing the New York Tri-State area (NY, NJ, CT). The Order requires incoming “escapees” to undergo mandatory 14-day isolation and has made it a misdemeanor crime punishable by 60 days in jail and a $500 fine if not adhered to, with the costs of the isolation paid for by the airline passenger trying to “escape”. The Order says nothing about those from that area sneaking in by way of a vehicle. 

 The U.S. Government does NOT have the authority to declare a national lockdown, despite what you may have heard.  This is media sensationalized bullshit and you’re going to hear a lot of  “fake news” and “garbage sensationalism” on social media, mainly generated by fear mongers with absolutely no fact-based information whatsoever, spreading rumors over social media and making it look as if the government generated their “opinion”.   As Americans, we must forget about our “party lines” and start “reading between the lines”.  We should fact check every bit of information and treat it as “Disinformation” until we are able to verify it.   The late president Ronald Reagan even made the statement, “Trust, but verify”.   Until you know for sure what has and has not been done, do not trust the information until you’ve fact checked it.

As for Florida, which you can apply to your own given circumstance, as this poster, I do not believe that the “State” will order an absolute lockdown unless it believes its entire population is in jeopardy of contracting the virus.  The “shelter in place” suggestion has been recommended by all governments. The counties within the State of Florida however may commit to “locking down” citizens to reduce travel and occupation of “tight spaces”, reserving travel to only essential services. Some Florida counties already have put their residents in lock down. The Governor has also told those over 65 to stay at home and isolate for at least the next 14 days. 

Here are some “suggestions”, “observations” and “maxims” I have observed over time in researching this so-called “pandemic”:

  1. Despite the fact that the number of folks who are infected make up the reported “numbers”, we do not know how many are asymptomatic (don’t know they have the virus) and could be out and about spreading it;
  2. The number of test kits to confirm infection is still limited, even though authorities have said they are procuring more of them;
  3. The number of medical supplies needed to treat the pandemic that has already manifested itself are virtually non-existent and are being manufactured at this time, with delivery date to all locations uncertain. Knowing this, this information should be enough to give you at least a modicum of sense to avoid contact with people outside your home, especially those who still continue to travel and “hang out” in public places despite being told not to; 
  4. In many instances, you may feel the need to “go somewhere” for personal essential needs. You should have already stocked up for 14 days worth of food supplies and most utilities are holding off demanding payment in an effort to “keep the lights on” and “the water flowing”;
  5. Many people still do not have internet.  They have either land line or cell phones though. There is nothing wrong with you doing the responsible thing and to call them and inform them of what is going on, and to help them with getting them information you become aware of that is “fact checked” for the purposes of survival, including but not limited to, phone numbers of people they can call for updated information;
  6. The sooner we all smarten up and stop all unnecessary travel … and weather this thing out … the sooner things can get back to normal;
  7. If we shelter in place for even just 2 weeks, those who are infected will either (a.) know they’re infected and do something appropriate about it; or (2) have gotten over it enough to be able to return to work. 
  8. You are “safe” as long as you are in your home.  Now is the time to deep clean your house. Clean out your closets of things you can donate. Do necessary yard work you’ve been putting off.  Hang out with your family, if you have a family.  Rest often.  There’s nothing like a decent nap to recharge your batteries.  Stress can wreak havoc on a body’s immune system, which is why I advocate resting whenever possible if you feel tired.  Continue to ingest things to help your body’s immune system;
  9. DO NOT TAKE IBUPROFEN (Advil).  This actually screws with fighting the virus and may actually do more harm than good.  Alleve has naproxen sodium and Tylenol has acetaminophen, both of which have not shown to have an adverse effect on the human system; and
  10. Understand that every door handle you touch should be treated as if it has coronavirus on it.  If you do not have wipes or hand sanitizer available to carry with you on your person, to disinfect yourself every time you touch a surface, you should not be going anywhere. 

State and local governments are demanding that residents “stay home” (shelter in place).  This does not mean that you cannot go to the grocery store or to make a quick run for necessities.  It does mean however, that you can’t live life the way you’re used to, galavanting around the countryside,  hanging out in bars, doing whatever.  Those days are temporarily over until this thing gets kicked.  Keep the 14-day “suggestion” in your head. This is NOT the end of the world, despite what you may read on social media.  Understand that social media it what it is, a marketplace of peoples’ opinions, many of them confounded in panic. (Remember the Biblical saying, “And the more part of them knew not why they were come together” … taken out of context from the Book of Acts for a little side humor.)

There are some people who think that the Florida Governor has not done enough.  Let me put it another way … maybe it is the residents of this state that didn’t do enough, when first warned. They continued to go out and hang out in public places, especially at the beaches (spring breakers) and now they’ve contaminated others with their saliva droplets (maybe that should be a felony assault charge, whadda think?) and maybe they should  all be jailed and held without bond for a minimum of 90 days and then charged with manslaughter.  Do you really want that?  Your tax dollars would be paying for that, remember?  Seems like I’m not the only one out there who thinks punishment should be meted out to the violators. All I have to do is go on Facebook and I can see the comments levied at Governor DeSantis, knowing that he has the power to issue Executive Orders in the extreme and get away with it because it is authorized by law, including shoot on sight orders!  Two words: Hurricane Katrina. One word: Blackwater. 

Maybe if Governor DeSantis really wanted to send a message, he’d impose martial law, mandatory curfews 24/7 with shoot on sight orders to anyone caught out of their homes during curfew.  Is that what you want?  You want a “nanny state”?  Because I sure don’t. 

In the past, you’ve been warned you that if you didn’t act responsibly, that the government was going to “do your thinking for you” and make you stay home.  Since then, curfews in many areas of the country have been imposed and more are to come because people aren’t listening and behaving appropriately. The only thing absent from those orders is “shoot on sight”. Maybe a few death by cops would scare you into staying in your homes, huh?  (I know that’s effing extremist but how much whining does it take to make people wake the f**k up?) 

If we’re going to contain this virus, the vectors carrying it have to be identified and isolated, forcibly if necessary.  I say, if it’s found they’re the cause of cases of coronavirus resulting in death, we put them in prison for life!  

We do not need martial law to be declared if we act responsibly and stay put for the short term required to beat this virus.  Why should us law-abiding citizens have to put up with these “free radicals” spreading disease all over the place because they think they’re entitled to go where they want, do what they want and act the fool any time they want?

The government has put the hammer down on unnecessary travel for a reason.  The government is paranoid.  I would be too if I were working in high positions in government, seeing that the entire country could revolt against the “capitol” (Hunger Games); civil unrest (rioting in the streets by the tens of thousands) could occur, resulting in an all-out Civil War II in America (think “Red Dawn”).  Obviously, we all want peace and the ability to get “back to normal”, so the quicker we start fact checking and making sense of things, the quicker we will recover.  Even if we had to self-isolate for 2 weeks, would that really be a bad thing?  

TAKE A BREATH … 

If you need further information , go online to your local health department and see what they’re recommendations are.  It is too late to get a flu shot, despite the fact local health departments are telling everyone out there to go get one if they haven’t yet.  Traveling to public places to get a flu shot only risks exposure to those who may be infected, which is why (IMHO) I think this is bad advice.  No one is around to treat you to that flu shot (typically) because most of the medical facilities seeing patients only want to see the ones that are mission critical and not the ones who “think” they have the coronavirus. If you were to even manage to find someone to give you a flu shot, don’t you think that person giving you the shot has risked exposure to someone who was infected?  Think about that before you let someone stick a needle in your arm.

My trusted friend, who has appeared twice on my radio show, who has a Master’s Degree in Holistic Nutrition, highly recommends a powerful antioxidant called Allimax.  It contains allicin.  You can get a 50% discount on all Allimax products by going to their website at allimax.us

If you order, type in the word FIFTY under the Promo Code space to get your discount.  I ordered this stuff myself and I don’t make any money by recommending it.  It’s an option … check it out.

The City of Tampa (Florida) has ordered residents in the city to stay home and not to leave unless it’s absolutely necessary.   This would appear to be common in most major “mission critical” areas, areas where there is a large population center (South Florida … Miami-Dade, Broward, Palm Beach Counties), Fort Myers, Orlando, Jacksonville.  If you live in or near a large city, chances are there are more vectors within that population.  The more you travel out and about in these areas, the more likely you are to contract the virus. The City of San Antonio has already implemented lockdown orders to try to limit the spread of the coronavirus, at least through April 9th.  

If you want the latest information on your State, you can visit cdc.gov for more information. 

The construction business in Florida is plagued with laborers, many of who are unreliable.  They run when hurricanes (and anything like this) happen and most never return, so it is imperative we keep them busy because Florida has a housing shortage, especially for affordable homes.  I am doing my part to correct that as a consultant and developer, even though I have my hands in the foreclosure mess from time to time … and it’s not over. 

As to foreclosures … 

Despite the fact the court systems are closed, the media is still operating.  That means that non-judicial foreclosures can still be conducted on the courthouse steps by a lone substitute trustee, even if no one shows up.  The original “claimant” may buy your property through a credit bid, whether they’re entitled to or not. Filing lawsuits in non-judicial settings will fall on deaf ears now because the courts are closed.  Direct negotiating with the lender to “hold off” in the wake of quarantine may be the only resolution (if a mandatory quarantine has been imposed). 

In judicial states however, the courts are operating on a limited basis or most likely not at all, which means that foreclosures in those areas, which has to be done through a formal court filing, can be done electronically. However, it is highly unlikely that any judge will review any of the motions until the courts have reconvened.  Use your time wisely during this period and look for ways to implement a Plan B.  This lockdown may have bought you an extra 2 weeks where you are, but it doesn’t necessarily mean you’re going to have a “more positive outcome” by ignoring your financial predicament and wait to see what happens once this lockdown has been lifted.  All good things happen to you if you use your head, reason out the issues and come to a conclusion wherein you can draw up a Plan B that you can actually and logically implement.

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