Tag Archives: Aramis Ayala

WHY UNDATED INDORSEMENTS FAIL

Under the subject matter of Debt Collection, Foreclosures and Chain of Title Education …  and Op-Ed as well:

UPDATED ON MARCH 19, 2017

The following diatribe is not to be construed as legal advice, but rather for educational purposes only.

A number of issues have surfaced in recent years, in light of the foreclosure crisis, two of which involvement indorsements on the promissory notes (or their respective allonges) and one regarding who the real parties in interest are when the MERS® System is involved.  By no means is any of this finite, as research is continually ongoing as to the “flaws” in the MERS business model, which to me, is impliedly criminal in nature. I don’t care whether this “business model” has been trademarked either.  It has left the door open for criminal RICO behavior and MERSCORP and its shareholders provided the platform for the thievery.

To me, the MERS® System was not only created as a platform by which to (as MERS’s own officers tell it) electronically transfer mortgages and notes within a database (owned by then-MERSCORP, Inc.), but also to act “as the getaway car” in the theft of tens of millions of residential properties across America ever since MERS became involved in mortgage foreclosures.  Like it or not, this smacks of criminal RICO.  MERS and its parent, of course, will deny any wrongdoing, like they did when I released the Williamson County Real Property Records Audit in January of 2013.

In fact, MERS was so vehemently upset with the release of the Williamson County Report that they caused to be published almost a full-page ad in the Austin American-Statesman newspaper on February 7, 2013, denying any wrongdoing and attempting to rebut the contents of the Report, which was reviewed by more than a half dozen foreclosure defense attorneys prior to its release and was accompanied by a legal opinion. One would have to ask, “How could little ole’ Dave Krieger write a report that would piss off the MERS hierarchy all the way to Reston, Virginia?”

I was inundated by phone calls from reporters at the time, attempting to elicit a comment as to MERS’s statement that “it didn’t do anything wrong”.  My simple response to them was: “If MERS didn’t do anything wrong, then why is everybody suing them?”  The reporters just laughed, affirmatively responding in kind and didn’t ask me any more follow-up questions.

In previous posts, I have attempted to identify who the real “agent” (MERSCORP calls it a “nominee”) is in the mortgage loan security instruments.  The term used in MERS-related paperwork is “Electronic Agent”.  There is only ONE “Electronic Agent” named in the back-office documents that virtually all foreclosure defense attorneys never get to see … and it’s NOT MERS.  I personally asked for those documents when writing discovery to MERS and MERSCORP in the Robinson case, which by the way is protected by work product privilege.   The Robinsons never got those documents because MERS and MERSCORP wouldn’t produce them.  Does this sound familiar to you?  Not if you didn’t know you had to ask for them, because they do in fact, exist. MERS just flat out want to verify its agency relationship with its members; frankly, because it doesn’t have any agency relationship with its members.  If you read the DiLibero case in Rhode Island, the Supreme Court noted that the executory contract was with MERSCORP, Inc. … or didn’t you pay attention to that part?  MERS obviously doesn’t want you to … and for good reason.

The “Electronic Agent” in the document I’m referring to is MERSCORP, Inc. (now MERSCORP Holdings, Inc.).  The Agreement I’m talking about is attached here: eta_warehouse_template_v6-mers-and-borrower4

In the foregoing document, in order to be successful in discovery, research shows you have to have a completed document between MERSCORP and the “member-user” of the MERS® System. The differences in your understanding of how these documents work appears to determine whether or not you’ll win your foreclosure case.  But that is only one element of liability here.

When I spoke of “the getaway car”, it generally means, an accomplice helped the robbers get away with the goods.  The getaway car driver generally is considered equally culpable in the crime (in this case, the theft of property by fraud) and is generally sentenced to prison, along with the perpetrators and actual actors in the scheme (the MERSCORP member-subscribers who use the MERS® System).  In criminal RICO, two or more actors are necessary, in a specific pattern of behavior, to orchestrate an act which results in an actual loss of money or property, which in this case, involved borrowers’ payments to a lender for a specific period of time, accompanied by a down payment (sometimes as much as 20% or more), in obtaining one of these so-called, MERS-originated Mortgages or Deeds of Trust.

I also have to mention identity theft here, because nowhere in any of these security instruments does it say that MERS, as an agent for the lender, should be allowed access to your social security number and other personal identifying information.  This becomes evident when anyone gets on the MERS Servicer ID Search system and wants to know who their “investor” is, which in of itself also promulgates fraud because MERSCORP, who owns the site, disclaims the site for accuracy because it’s just the driver of the getaway car.  The actual “actors” who perpetrated the fraud are the servicers who use the “System” to put whatever they want the borrower to see.  Borrowers actually believe the shit these servicers post on that site and use it in court. This is exactly what MERSCORP wants you to do.  And you fall for it?  Apparently, even the foreclosure defense attorneys don’t know what a Warehouse Lender template form is, because if they did, they’d be using it to unravel the MERS® System in front of the judge, demanding a filled-out, signed copy of the bloody form!  This is where the agency relationship was created folks … but not with MERS!  It was created with MERSCORP … as the “Electronic Agent”!  Nowhere in your security instrument does it say “MERSCORP” anywhere.  Look at all the millions of homes that were stolen using MERS and MERSCORP as the getaway car (in all those purported MERS assignments) when in fact, the corporate resolution giving then-Secretary William Hultman has never surfaced, despite being demanded to produce in discovery in the Ukpe case in New Jersey.

I spoke with former federal prosecutor Mark J. Malone by phone about this “corporate resolution”, supposedly generated in April of 1998, which he doubt even exists … which is why MERS won’t produce it.

I put those results in the OSCEOLA COUNTY FORENSIC EXAMINATION and caused them to be released to the Clerk of the Circuit Court of Osceola County, Florida on December 30, 2014.  After that Report was released to the public in 2015, there wasn’t a peep to be heard out of Reston, Virginia (where MERS and MERSCORP are headquartered), contrary to the stink they made when the Williamson County report was released.  That’s because the Osecola County Report intimated criminal RICO, “getaway car” implications for MERS and its parent.  Every one of the Board of Directors OF MERS and MERSCORP needs to be put in prison, and for well more time than what DOCX’s Lorraine Brown got.  Lorraine Brown was only an ass-puppet for Lender Processing Services, Inc., who quickly dumped DOCX to decrease its potential liability.  That’s pretty much like the CIA disavowing one of its agent’s actions when the agent is caught, to cut its ties to any potential liability down the road.  Instead, the U.S. Department of Justice, along with the Tampa FBI and the Osceola County Sheriff’s Department, whitewashed the Report by attacking the Clerk and myself.  It was more important to the Sheriff’s Department how much it cost to certify the 17 cases of evidence still in its possession, and who paid for it, rather than who was responsible for all of the criminal allegations that the Sheriff’s Department itself was involved in, because it got paid $90 per eviction, creating potential liability by extension of the fraud.  No wonder they all wanted to bury this by smearing me and the Clerk in the media.  This “issue” isn’t going to go away, because people (including attorneys and university researchers, are downloading this report and reading it in droves) are waking up to the real truths of the matter.  Giving the Sheriff’s Department in Osceola County the investigative powers regarding this Report is like the “fox guarding the henhouse”.

Also bear in mind that then-9th Circuit States Attorney, Jeff Ashton, declined to investigate the report (obviously, because it would be political suicide for him to “grow a pair”) and turned it over to the Sheriff’s Department, claiming “you have to follow the chain of command.  Meanwhile, Ashton decided that he’d rather “grow a pair”, among other things, viewing the AshleyMadison.com website on company time, which is one of the reasons he did not get re-elected in the Democratic Primary in 2016.  This means that the new 9th Circuit States Attorney, Aramis Ayala, is going to have to come out strong in favor of the people of her Circuit and do the right thing by investigating this report and convening a grand jury to investigate its contents.  If it means the Sheriff’s Department in Osceola County has to face civil litigation for its participation in eviction of all of those homeowners, so be it.

Look at your mortgage or deed of trust and tell me if you see MERSCORP listed as the “nominee”! 

Now … what is non-disclosure to you?

Were you ever told that MERSCORP was the “Electronic Agent” behind the scenes?  Of course not.  Is the MERS® System patent a matter of public record in the U. S. Patent and Trademark Office?  It sure is.  Is that constructive notice in the land records where the property is located?  Nope.  That’s because the “driver of the getaway car” had to remain the real secret here.

This is why I also believe that once the documents (notes an mortgages) were uploaded into the MERS® System, they were no longer needed; and thus, were shredded. I know that there are other contradictory opinions out there, but I relied on the 2009 Florida Mortgage Bankers Association letter to Judge Jennifer Bailey that implied that they didn’t need the original documents anymore.  Thus, I believe that there are no longer any original documents out there, just electronic copies that are reproduced for trial.  And because of UETA and eSign acts, electronic copies conveniently fit the bill … but they’re not the originals, are they?

Now the indorsements …

In the most recent decision, the Supreme Court of Hawaii, in Bank of America, N.A. v. Reyes-Toledo (see the 28-page opinion here: 2017-feb-28-hsct-pulished-opinion) opined (in part) the following:

“Bank of America has maintained that it was the holder of the Note based on the Egan Declaration and the blank indorsement on the Note. Accordingly, we consider whether the Bank produced sufficient evidence to demonstrate that it was entitled to enforce the Note as a holder of the instrument at the time that the foreclosure proceedings were commenced. The negotiation asserted by Bank of America involved negotiation by blank indorsement and transfer of possession of the Note. In contrast, a special indorsement occurs if the indorsement is made by the holder of an instrument and theindorsement identifies a person to whom it makes the instrument payable. When an instrument is specially indorsed, it becomes payable to the identified person and may be negotiated only by the indorsement of that person. Id. A blank indorsement occurs when an indorsement is made by the holder of an instrument and is not a special indorsement; in other words, a blank indorsement is not payable to an identified person.   When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer or possession alone until specially indorsed.

Here, the Note, which was attached to Bank of America’s motion for summary judgment as Exhibit A, contains two indorsements. One indorsement is a special indorsement by Countrywide Bank, FSB, to Countrywide Home Loans, Inc.  The other is a blank indorsement by Countrywide Home Loans, Inc.  Thus, because the Note was last negotiated by a blank indorsement, it may be negotiated by transfer of possession. Although Bank of America produced evidence that it possessed the blank-indorsed Note at the time it sought summary judgment, a material question of fact exists as to whether Bank of America possessed the Note, or was otherwise a holder, at the time it brought the foreclosure action. Indeed, the copy of the Note attached to the summary judgment motion does not reflect the date of the blank indorsement, and the Egan Declaration, which was made after the filing of the complaint in this case, does not indicate when the indorsement occurred. Further, there is no additional evidence in the record regarding the date of the indorsements or whether Bank of America possessed the Note at the time of the filing of the complaint. Thus, there is a material question of fact as to whether Bank of America was the holder of the Note at the time the foreclosure proceedings were commenced, which in turn raises the issue of whether Bank of America had standing to foreclose on the Property at the time it brought the foreclosure action.

Here, there is no evidence in the record, either through the Note itself, the Egan Declaration, or the other documents attached to the motion for summary judgment, showing that the blank indorsement on the Note occurred prior to the initiation of the suit. Consequently, there is a genuine issue as to whether Bank of America was entitled to foreclose when it commenced the proceeding. Thus, viewing the facts and inferences in the light most favorable to Homeowner, there is a genuine issue of material fact as to whether Bank of America held the Note at the time it filed the complaint. Accordingly, Bank of America failed to meet its burden of demonstrating that it was entitled to judgment as a matter of law, and the circuit court erred in granting Bank of America’s motion for summary judgment. For the reasons discussed, the ICA’s April 13, 2016 judgment on appeal is vacated. The circuit court’s December 9, 2014 Judgment is also vacated to the extent it grants summary judgment to Bank of America. The case is remanded to the ICA for a determination of whether the circuit court erred in dismissing Homeowner’s counterclaims.”

What the homeowners’ attorneys miss … 
The bigger picture here is the agency relationship claimed to have been possessed by MERS at the time of assignment.  Because the note indorsements are never dated, there’s no proof of when the effective date of transfer occurred.  Thus, in the foregoing instance, WHEN did Bank of America possess the Note?
Before, or after, it filed the complaint.  If the Warehouse Lender agreement says the Borrower, isn’t YOU, but the originating broker, and the interim funding lender is not the party you got the loan from,
As Bob Janes, J.D. has noted, agency must be proven by the Grantor, not the Grantee.  That means that MERS cannot self-authenticate its own agency relationships by and through its officers or through its counsel (“just take my word for it, your Honor”).  As much as you don’t trust lenders, their agents don’t fare much better if the lender lies and the agent repeats the lie in court.
I hardly ever see anyone specifically arguing UCC in court, let alone an undated indorsement and its relevant meaning when it comes to being able to enforce the note.  There is plenty of existing case law … and Hawaii just set another prime example of such.  This may mean a fight for another day, but when it comes to the recorded assignments involving MERS, one has to understand that the people in Reston, Virginia did not dot all their “i’s” and cross all their “t’s” when it came to allowing servicers to run rampant, using the MERS® System to defraud homeowners by publishing information on the MERS website to mislead homeowners, and then use contrived “Certifying Officers” (when the agency relationship of these employees, of the Servicer) is in question. We may not be able to challenge the assignment in every State, but then again, did the attorney even try to depose the robosigner and the notary to get more details.
UPDATE: 
I have had many folks present me with scenarios wherein the Allonge or “extra page” containing a blank indorsement was used at trial.  If you examine most of the case rulings, certain courts have presented us with commentary (discussion) on the subject of what constitutes a proper allonge under the Uniform Commercial Code.
EXTRA PAGES
These could involve document manufacturing, which might be sufficient to create issues of material fact necessary to avoid summary judgment and/or a motion to dismiss:  (1) what was scanned by the servicer (because that’s where we are assuming the copy of the note came from) that shows up as an extra page was either (a.) an extra page attached to the note that was separate to the note pages themselves, “created out of thin air”; (b.) an extra page attached to the note that was not a separate page from the last page of the Note, but was actually the “back side” of the note, which could be challenged as improper, as anyone could have rubber-stamped an indorsement onto the back page; or (c.) the document manufacturing by the servicer (of which we know Ocwen for example, does, because of reports indicating the same borrower’s note in 4 different stages of manufacture) in an attempt to create standing for its client lender.  The multiple creation of different notes has found its way into certain proceedings, which is enough to ask: Which one is the real note?
UNNAMED ALLONGES

Most courts I’ve read up on have issued rulings specific to HOW allonges are supposed to be attached to promissory notes and WHEN they are supposed to be used.  I would suspect that if a note has an extra page with no title on it (e.g., “ALLONGE TO NOTE”) that someone inside the servicer arbitrarily chose to attach an indorsement-in-blank stamp on an extra page to imply (or give the bank’s attorneys reason to imply) that it’s an allonge, when all it is, is a sheet of white paper with an indorsement stamp on it and does not constitute and allonge because it’s not properly labeled.

The other problem with allonges is that commonly, the space under the Borrower’s signature is supposed to be “filled up” with stamps BEFORE extra pages are being used.  When there is a whole page of room for indorsement stamps, followed by an extra page (properly labeled or not) reeks of document manufacturing.  In any case, there should be a specific objection made on the record … or someone needs to go back and research what constitutes a proper allonge.
DOCUMENT EXAMINATION

I know of at least 3 document examiners across the U. S. that can show up in court and testify as to whether a note is “original” or not.  I have to ask myself WHY lenders wait until the last minute to show up with the “original note” for the judge.  In one case in New Jersey, the bank’s law firm showed up (via a cover lawyer and not the lawyer who filed the foreclosure complaint) with a “faxed copy” of the note, claiming that it was the original.  That was objected to, of course, but the judge bought it anyway.  That case is on appeal.  With a document examiner at the ready when and if a hearing can be scheduled (or a deposition for production of the note for examination) to vet the document properly through an examiner, might scare the bank from bringing it in at all … which brings me to the last point.

THE REAL KEY REASON INDORSEMENTS FAIL

Let’s assume the 424(b)(5) Prospectus has been obtained in certified form from the SEC.  I suggest using the entire prospectus because the Pooling and Servicing Agreement (“PSA”) just isn’t enough.  The information within the Prospectus ties the Borrower’s loan to an “offering” through the sales pitch, which is the Prospectus to the investors, signed under penalty of perjury under the Sarbanes-Oxley Act.  The PSA may contain the section, “Assignment of the Mortgage Loans” under § 2.01; however, the PSA does not make up the WHOLE of the document it is contained within, the Prospectus.

If there are 3 true sales, including transfer from the Depositor to the Trust, as prescribed by the governing regulations of the Trust under § 2.01, shown within the entire Prospectus, in the portion known as the PSA, then where in the chain of indorsements is the endorsement to the Depositor and from the Depositor to the Trust?  The PSA is only a portion of the entire “picture”.  Without the framework of the Prospectus to back it up, your evidence can be challenged by the bank’s attorneys.  Oh, believe me, they had this whole thing figured out before the issues with REMICs ever surfaced in Court.  No judge wants to read a 300+ page document.  Someone has to.

SECOND UPDATE: 

In continuing the pattern of misbehavior, a most recent case out of Florida’s Fourth District Court of Appeals shows us multiple indorsements (albeit undated) present an entirely different issue as to standing.  When a bank proffers more than one note and the indorsements are different, this provides us with more ammunition to rebuff its advances that it has standing to proceed against you in a foreclosure case, as demonstrated below, in a single-page ruling:

Carty v. Bank of America, NA, Fla: Dist. Court of Appeals, 4th Dist. 2017 – Google Scholar

It’s not that we haven’t explored this avenue in previous posts.  It’s just that the courts are now just starting to recognize that our arguments really do have merit!

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Filed under Chain of Title Education, Debt Collection and Foreclosures, Op-Ed Piece

AND THE WINNER IS …

BREAKING NEWS — (with a little Op-Ed thrown in for good measure) … 

Those bumbling “talking heads” … 

The “talking heads” of all the major media networks were tripping all over themselves (during election night coverage) trying to “save face” for the “talking down” on one candidate in favor of another.

No matter.  If I was president, I would make sure that every media mouth was accounted for and access to the White House would be a major “hoop jumping” to get a media credential. Our U.S. media cannot be trusted with reporting the truth.  Our U.S. media likes to “invent” news (or hadn’t you noticed?) instead of really investigating and reporting the truth (and not as they see it), the whole truth and nothing but the truth.  The outcome of the election clearly left the media machine speechless, faltering on-mic for comment in an attempt to backpedal on their foolish pre-election hoopla. I shut the TV off at 2:15 a.m. and decided to wait for the early morning voting results to filter in.

Clearly however, I think both conservative and moderate American taxpayers have risen up and seriously spoken in favor of change away from the “status quo”.  That “status quo” includes Wall Street control of this country.  However, other changes that manifested themselves last night were overshadowed by a surprising upset by The Donald.  We now have a House and Senate that have a Republican majority under a Republican President.  As I said earlier, regarding the lesser of two evils, many of the facets of the Old School System are still in place, including the banking cartels and their influence in Congress.  The only thing that can make a difference is a presidential veto when the laws coming forward are clearly wrong.  Sadly, the “rank and file” are still in position to make pro-bank laws, in conflict with what the majority of the American people plainly stated in their popular vote. Until the American taxpayers actually make a change in the way they do business, the rank and file will continue to make their lives miserable.  Also keep in mind that the socialist vote (those who voted for Hillary) still went to the polls and voted for socialism.  They will still be a force to be reckoned with in the shallowed halls of Congress.

The voice of the people was heard in Osceola County, Florida! 

One thing is for sure however … Armando Ramirez was re-elected as the Clerk of the Circuit Court for Osceola County, Florida by well more than a slim margin, despite the rantings of the media about conducting a Forensic Examination of his official real property and court records.

050113_armandoramirez osceola-clerk-tally

In many ways, I feel mildly vindicated, as I authored that 758-page Report.  I too came under personal attack from the Orlando Smutinel and other rags and media outlets for something that happened to me over 20 years ago.  I believe that the people have faith in Mr. Ramirez and his poll numbers demonstrated this.  It also says a lot for the numbers that have read the Report and have come to understand the real truth of the matter regarding their mortgage foreclosures.  The bottom line here is that no matter whether you’re a Democrat or a Republican, the voters love you if you do the right thing!  I believe Armando Ramirez stood up to public and political pressure from the corrupt Florida elitists and the local media and told his constituents: I hear you loud and clear!  There is a problem with the land records!  You don’t win elections unless the voters agree with you and it appears that the Osceola County rank and file don’t want to hear the truth … but the people who are affected do!

Mr. Ramirez’s devoted and loving wife Millie also held onto her position on the Soil and Water Board, Seat 4 – Osceola.  Congratulations to them both as they will wholeheartedly serve their constituents for another four years.  And I have a feeling the backlash from the Osceola County Forensic Examination is not over yet. From the looks of the voting results in both of their races, it appears the silent majority included both Democrats and Republicans who believe in the Ramirez’s.  The politically-influenced (by the rank and file) voted against them to no avail.  As Mr. Ramirez stated in the campaign:  “Let Justice flow like a stream, and righteousness like a river that never goes dry.” Amos 5:24

Speaking of “Justice” in Osceola County, Florida, Russell Gibson (D) was elected as the new Sheriff, replacing the outgoing Robert Hansel, who is leaving office amidst the scandal surrounding the investigation of the results (or the lack thereof) contained in the Report; and in retaliation of having to conduct an investigation with deputies tasering an innocent stepson of one of the examiners of the Report.  Mr. Gibson would do well to watch out for those around him (currently in positions within the Sheriff’s Department). It is rumored that Gibson may keep the “rank and file” that investigated the Report in place; in fact, even promoting them.  This would be a mistake if this rumor is found to be true. These “people” demonstrated by their response to the Report, on Hansel’s behalf, that they know Osceola County, Florida may have illegally evicted thousands of homeowners based on fraudulent documents recorded in the Osceola County real property records and then relied upon in court by servicers and their attorneys, who are suspect of committing perjury on the courts, among other things.  The civil liability for these “errors” would be into the billions and they know it.  That’s why Sgt. Toby Hawkins told Al West, the attorney who was present in the February 9, 2015 meeting to “shut up” when Mr. West asked him about potential exposure (meaning civil liability).  Let’s face it folks … filing fraudulent documents is a felony in Florida and no one seems to want to enforce it, for now.

On the other side of the coin, Aramis Ayala ran unopposed and was elected as Florida’s 9th Circuit States Attorney.  Mr. Ramirez has already spoken to her about re-opening the investigation into the allegations made into the Report.  I’m sure Ms. Ayala will not make the same mistake that her predecessor, Jeff Ashton, did.  Oh wait, he was too busy playing around on AshleyMadison.com to investigate the contents of the Report, right?  I maintain that the felonies that were discovered and reported in the Forensic Examination can be found to be continually occurring to this date.  I can come up with a whole new set of allegations if I changed the dates on the search engines in the county land records from June 1, 2014 to June 1, 2016.  I’d find the same suspect fraudulent recordings that would carry with them all sort of felony charges.  It is about time Wall Street and all of the players below it that are assisting in the facilitation of servicer fraud get their just desserts. I still want my time in front of the 9th Circuit Grand Jury.

I’m sorry folks … but the Osceola County Sheriff’s Department is NOT going to get away with their feeble investigative denials.  As the incoming politician, Mr. Gibson should take note.  Any subsequent investigation will probably be taken out of his hands anyway, because the rank and file subordination catering to his office: (a.) think that securitization is like an annuity; and (b.) don’t believe in investigating crimes that could point a finger back at them.  Admitting responsibility for error is simply something that one in power does NOT do.  This is what has divided America and this is what the voters in the majority have soundly made heard by putting a CEO in the White House instead of a Wall Street lapdog. Congress needs to wake up and realize this.  Ms. Ayala’s office is going to have to take the “bull by the horns” and wrestle it to the ground on its own.

On paper, the winner may have been Donald J. Trump.  But the next four years, with the rank and file still in positions of power in Congress, will still be “hell”, only now it will be “hell on steroids” with Republicans holding a majority in both the House and Senate.

The only saving grace is those who are exiting the current administration that were self-serving (or serving a socialist political agenda) … here’s a message from The Donald: YOU’RE FIRED!

Dave Krieger is the author of the books Clouded Titles, The Credit Restoration Primer and The Quiet Title War Manual, all available at CloudedTitles.com

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Filed under Breaking News, Op-Ed Piece

THE SAME OLE’ “MUD” STARTS SURFACING AGAIN IN OSCEOLA COUNTY, FLORIDA!

BREAKING NEWS/OP-ED —

Incumbent Democrat Clerk of the Circuit Courts Armando Ramirez handily won the Democratic Primary, despite what the author of this post deems to be a deliberate “watering down” of the vote by inserting two challengers against Ramirez, who just released another ad campaign poster (shown below):

ramirez-6x10_75

Notice in the above ad the mention of “Fighting Foreclosure Fraud”. There is a reference to the Clerk’s conducting a Forensic Examination of his real property and court records, something that no other Clerk in Florida has attempted, for fear of pissing off the status quo who wants everything to stay just the way things are, corrupt and dishonest.  Well, that’s Florida government and Florida justice for you!

In November, voters will go to the polls and decide between Ramirez and his predecessor (who Ramirez won against in a landslide in the last election), Malcolm Thompson, one of the ole’ “status quo” boys on the Republican ticket.  For the record, Thompson, like all other Clerks in Florida except Ramirez, did nothing about examining his land records and just allowed servicer fraud to run rampant.  It appears that Thompson’s people are dredging up old news again, bringing up the Sheriff’s examination report and the Orlando Sentinel‘s smut piece against Clerk Ramirez, this time, through the Teachers Union.  The Sheriff’s Department’s report was minuscule compared to the voluminous report, accompanied by stacks of exhibits and 17 cases of certified evidence.  What a waste of tax dollars giving an investigation to a law enforcement agency ill equipped to investigate the real issues.

I wish we’d bring back public hanging in the square.

The reason that Hon. Armando Ramirez acted upon his beliefs that the land records he was entrusted with were being corrupted is because some in the voting constituency that Ramirez was elected to serve complained to him about suspected fraudulent documents in the real property records of Osceola County, Florida that were being relied upon by banks in seeking foreclosure judgments against thousands of property owners in Osceola County.  It appears that the judges on the bench at that time did relatively little to educate themselves to recognize those suspect documents and hold the banks accountable.  I figure it is now time for the voters to speak and let the rank and file in Osceola County know they’re pissed off and they’re not going to put up with this nonsense.

This is why Florida’s 9th Circuit voting populus elected Aramis Ayala in the Democratic Primary for that Circuit’s States Attorney position.  Ramirez has thrown his support behind Ayala.  It saddens me to think that current States Attorney Jeff Ashton could have fully investigated a report, namely the OSCEOLA COUNTY FORENSIC EXAMINATION and done something about it, like he did prosecuting Casey Anthony.  Sadly, anyone using company time to play around on Ashley Madison dot com when they could go home and have fun with their spouse speaks volume as to the integrity of an elected official that is supposed to be investigating and rooting out fraud.  Had Ashton had the fortitude to conduct further investigations into the allegations contained in the Report, the outcome of this election might have been different.  This is why I believe he passed the buck onto the Osceola County Sheriff’s Department, whose “commander-in-chief”, Robert Hansel, isn’t running for reelection again. There are a whole host of reasons why his department needs to be investigated.  I can think of two of them:

  1. Accessing National Crime Information Center (NCIC) records without cause and leaking the contents of them to the media. The Associated Press has reported that law enforcement personnel are being prosecuted and imprisoned for abusing the databases to gain access to serve their own personal agendas; and
  2. Charging an individual with “resisting arrest without violence” without claiming WHAT charge they were arrested for in the first place!   I point to the incident where Forensic Examiner Hector Acosta’s stepson was tasered by sheriff’s deputies on his own front lawn around 3:45 a.m. as he was trying to enter his own home to go to bed.  I believe this was in retaliation for Acosta’s participation in the Forensic Examination.  It is obvious to me that the Sheriff’s Department was misusing public funds to stalk Acosta and his family to “send a message” to Acosta about WHO is in control here.  Civil rights charges are pending at this time.

If the foregoing are only related to the release of the Forensic Examination in Osceola County, can you imagine what other atrocities were committed by the Sheriff’s Department, like wrongfully evicting thousands of Osceola County homeowners at $90 a pop, based on fraudulent documents that were the subject of the Report?   It’s no wonder the Sheriff’s Department detectives got so pissed off at Al West in our February 9, 2015 meeting with them when Mr. West, an attorney who was one of the examiners in the Forensic Examination, asked them whether they thought the county faced “exposure” … in other words … civil liability for wrongfully evicting homeowners based on fraudulent documents used in reliance by the banks to obtain illicit Final Judgments of Foreclosure against them by the Courts.  What happened here speaks directly to the judges who could have prevented this crap from happening in the first place, yet failed to do so because the Florida Supreme Court mandated that they clear their foreclosure dockets.

Florida Attorney General Pam Bondi did nothing to investigate any of the Report’s contents either, and I can tell you she knows this Report is out there.   What does that say about her credibility?   Anything to preserve the status quo.

In this simple equation, calculate in your mind what you are voting for in November.  

  1. Both sides of the aisle have put us in the predicament we’re in now!
  2. Serving Democrats generally vote to raise taxes and regulate business!
  3. Serving Republicans generally vote to lower taxes and deregulate business!
  4. We no longer have a “republic” as Ben Franklin stated, “if you can keep it”!
  5. Neither presidential candidate can actually deliver what they promised during any of the debates without the help of Congress.  Gee, have we forgotten what the Executive Branch of government is supposed to do?  ENFORCE THE LAWS!  Like Eric Holder was supposed to do in the wake of the 2008 financial crisis, yet did nothing to prosecute the banks!  And you want four more years of nothing being done to right the wrongs?   Is SIGTARP the only entity waging war in this fight?  Think about that when you pull the lever in your choice of candidates!

When it comes to economic changes in Florida, take heart the following:

  1. Florida’s citrus crop is going to shit … and voters will be asked to enact medical marijuana, which they should (Amendment 2).  We need to replace the failing citrus crops with hemp production (the male plant), for the purposes of growing hemp for CBD oil (for medicinal use) and the rest of the plant for “Hempcrete” (see the following link): https://www.youtube.com/watch?v=eZbYsMsMW4Q
  2. I could care less about smoking pot.  I don’t have the same agenda as potheads.  My agenda is the same as John Morgan (of Morgan & Morgan, the law firm pushing Amendment 2). The era of the “war on drugs” cost U.S. taxpayers tens of billions of dollars … and for what … to be told by the rank and file that “reefer madness” (an old crap adage of the 1960’s) will take shape in the Sunshine State?  I think people have gotten past that argument.
  3. Voters all across the U.S. are “waking up”, especially in light of the pomposity of the media in “structuring” the questions posited within the presidential debates.  There was nothing really presidential about them, was there?  If Florida doesn’t reinvent itself, it will suffer economically, no question about it.
  4. These hemp operations would be regulated as well, and I really don’t believe that an educated public is going to fall for the garbage being promulgated by the paranoid that “pot” is all the same.  The female plant is used to get stoned.  The male plant is used to make hempcrete, rope, clothing and other needful items, just like it used to be before the U.S. government stepped in and made everything a crime because Congress thinks that if the entire country gets stoned, we’ll all succumb to Communism.  What a joke!  Seriously?  Like that’s going to happen?

Our Congress is a joke!   But you keep electing them.  That’s something else that needs to change, all the way down to the state and county level.  You keep putting the rank and file into office?   Remember the definition of insanity … doing the same thing you did ten years ago, voting the same rank and file into office, expecting different results.  The status quo continues to wallow in their power when voters don’t let their voices be heard.  Now, you get to be the judge in November!  Vote your conscience, not your party line!

 

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BOWEL TOLERANCE … AND OTHER CAUSTIC BILE AND RUMINATIONS!

BREAKING NEWS!

(Kissimmee, Florida) — Incumbent Osceola County Circuit Clerk Armando Ramirez staved off two challengers in the Democratic primary to continue his campaign in November, where it appears he’ll be running against an old Circuit Clerk, GOP contender Melvin Thompson, who Ramirez defeated in a landslide election the last go-round.  As you may remember, Clerk Ramirez retained DK Consultants LLC to conduct a forensic examination of the real property and court records in Osceola County, Florida, which was shunned by Florida’s 9th Circuit States Attorney Jeff Ashton (who also just lost in the Democratic primary to challenger Aramis Ayala, who Ramirez has formally endorsed), the Osceola County Sheriff’s Department, a handful of apparently biased media and Tampa Foreclosure Defense Attorney Matthew Weidner, who appeared on WFTV in Orlando during a news segment, not having read the entire report, indicated the Forensic Examination was “not worth the paper it’s printed on.”  Weidner conveniently ignored the attorney opinion letter in the last four pages of the 758-page, two-volume report, wherein foreclosure defense attorney Jennifer Englert (The Orlando Law Group) posited several more issues above and beyond what the report factored into the results.  Hon. Ramirez of course will keep trying to get action on the Forensic Examination, despite being chided by his opponents and the media.  With Ashton out of the running, if Ayala gets the nod in November, a new door could be opened for a revisit and investigation of the Forensic Examination.  Few grand juries across America have been empaneled to do the right thing, which is stop servicer fraud.  Unfortunately, Dem. Alan Grayson lost in his Senate bid and is now out of the picture.

This forensic examination has caused a shit-storm in political sectors up and down the Eastern Seaboard.  You may wish to find out why by downloading a copy of the Report here: OSCEOLA COUNTY FORENSIC EXAMINATION

BREAKING NEWS! 

There is roughly 45 days left to reserve your seat at the last DK Consultants LLC-sponsored Quiet Title Workshop (Honolulu, Hawaii).  You can download the flyer to this event here: QUIET TITLE WORKSHOP FLYER_HONOLULU and the Registration Form (which must be filled out and faxed to the number on the form) here: QT WORKSHOP_HONOLULU_REGISTRATION FORM.

This will be the last class that Dave Krieger and Al West are going to teach in 2016 (for the general public).  Any other workshops that the two will be participating in will be sponsored by other investor and corporate groups and CLEs (we are ramping up and taking the fight to the people who have money to spend in legal fees); thus, this will be the only opportunity you will have to get the tools you need to fight the banks in quiet title actions!  This workshop features two hours of live broadcast on The Foreclosure Hour, with Hawaii attorney Gary Victor Dubin, which will take place on his Sunday, October 16, 2016 broadcast and will consist mostly of information sharing, recap of the two-day event, accompanied by questions from the registrants and attorneys attending the event.  Again, this is your only opportunity to attend our sponsored quiet title workshop.  We are not planning to hold any more self-sponsored events.  

OP-ED!

As to the term “bowel tolerance” … my question is …

How much more crap is America going to take from the banks before it says “enough”!!????

I pondered the answer to this question, because the answers are many and everybody has one.

Do we need to resurrect public lynchings?  I heard that coming out of some quarters.  Others are predicting an internal conflict, marginally bordering a civil war or all-out revolution.  This is obviously what the DC oligarchs don’t want.  Once the shadow government kicks in, all hell will break lose in this country.   Then, America will find out exactly what the United States Government has been doing with all of the tax dollars it has fleeced off of the working poor.

The U.S. government is afraid of mainstream America, so it uses the media to lull it to sleep so it won’t see the “gut punch” coming.  The government knows Americans are well armed and, if taken to task, could open up a can of “whoop-ass” on DC.  All of those who obediently serve, blindly too I might add, are those rank-and-file registered voters who all participate in the Age of Entitlement.  What they simply don’t get is that someone has to pay for those entitlements and there’s only so much America will take before things get dicey.

It is alarming to understand how many prisons and detention camps this country has and what they were purposed for.  This is not a conspiracy theory.  A recent article actually shows an increase in the number of prosecutions resulting in prison terms in America’s smaller counties.  I am not making this stuff up.  Read it here: This small Indiana county sends more people to prison than San Francisco and Durham, N.C., combined.   I beckon you to research Operation Garden Plot and see what you come up with in your search engine! Whether this is an intentional counterintelligence piece designed to bring “people out of the woodwork” so they can be readily identified and “dealt with” (like Waco, Gordon Kahl, Randy Weaver … and the list goes on and on), or the plain truth about government abuse and mindset in DC about how “they’re better than us”.  Are we really goyim to them?

So, even if you’re NOT a troublemaker per se, what do you think will happen if the real “agenda” of the U.S. government is put into play? This could also indicate why moving to small town America, thinking you’re going to be “safe”, may end up being just the opposite of what you expected.  Small towns in America are like churches.  Everybody knows everybody.  If you want to find out about someone, just go to their church and nonchalantly start asking questions.  You wouldn’t believe how un-sacred information gathering is because America has evolved into one big reality TV show and everyone likes gossip.  Frankly, I don’t give a shit what the Kardashians are doing at any given moment because they’re not paying my mortgage … nor are they paying yours!

I know that foreclosures are on the rise because I monitor short sale activity across the country.  The banks use short sales as a delay tactic so servicers can scheme more fees out of homeowners and calculate HOW they’re going to foreclose on their properties. The problem is, most of the properties being foreclosed on have clouded titles!  Despite what national economists are regurgitating, the foreclosures are cyclical and follow a major rash of short sales.  Only 10% of short sales (estimated amount) actually end up taking care of the entire debt.  This is the continuation of the plunging of America into financial depression, through financial suppression.

Investors and first-time homebuyers looking “for a great deal” would do well to avoid REO’s.  Frankly, the banks need to pay for what they’ve done to America and I don’t trust any of them, do you?   By buying these title issue-infested properties, you are not only asking for unintended future consequences, you are putting money directly into the pockets of the servicers and their foreclosure mill law firms, who most of the time are NOT entitled to foreclose on the subject property in the first place!

I can tell you four things I’m doing right now to counterbalance my contribution to the overall problem:

  1. I have pulled out all of my investments in major banks, stocks that invest in RMBS or CMBS items and cashed in or withdrew and redeposited bonds, funds and CD’s that have come due into credit unions.  I do not have any checking accounts with any major banks!  I’d rather put my money into a small, community bank or credit union any day of the week, at least for the short term.
  2. Plan to go off-grid.  Florida voters have just passed the solar initiative (for those of you who want to know) and it may serve you well to look at the new Tesla Model 3 (electric car priced at $35,000), which can be solar charged on a trickle, right from your very own home-owned and charged battery packs.  Beats depending on foreign oil and rising gas prices, eh comrade?
  3. Reducing debt.  That would consist of re-evaluating all credit cards with high interest rates or that are charging interest at all (including cards that offer no interest incentives for a period certain that are about to expire), looking at their credit limits and either paying them off in full and closing them, or in the alternative, replacing them with no-interest incentive credit cards for the next 6-12 months.  Do away with all major bank credit cards.  If you think it’s great racking up air miles, think of the interest you’re paying to hold those airline credit cards and see exactly just how much money you save on airline tickets versus the interest you pay.  Bet you’ll be genuinely surprised after you do the math!   Those who are so deep in debt will probably add to the rising bankruptcy filings across America anyway, so in the alternative, it’s a strategy, right?
  4. Reducing inventory. Liquidating the stuff you absolutely are NOT going to need in the future.  Hoarders are going to hate me for this, but having too much stuff is of major “psychological concern”, because in time of disaster, you can’t take it with you anyway, so you might as well liquidate it for a price, even if it’s at a loss, and use the inventory reduction to pay off debt.

You may also wish to start exploring and traveling around America and other parts of the world with your liquidated gains, post-debt. You may find other locales are more suitable and to your liking and even more economically “feasible” to live within your means in. This also means you may wish to acquire acreage, plant a garden, have a greenhouse (for legitimate purposes), learn to can food.

Sorry, but every time a hurricane or major disaster strikes, you bet I have this thought process running through my head.  It’s called,
“Be Prepared!”  It appears America may be headed for a more serious economic downturn which requires a bit more strategic planning.

Scout’s honor!

(Feedback and discussion on this blog site is always encouraged, just don’t share your personal foreclosure cases on here!)

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HON. ARMANDO RAMIREZ IS RUNNING FOR RE-ELECTION AS OSCEOLA COUNTY CIRCUIT CLERK OF COURTS

BREAKING NEWS, OP-ED … (July 18, 2016) … 

This post is divided into two segments that interrelate to each other.

SEGMENT ONE:

I only generally post stuff that is significant and related to chain of title issues.

Here, there is more than meets the eye, which is why I’ve made it more than just a political candidate pitch.

It’s no secret that the Osceola County Circuit Clerk, the Hon. Armando Ramirez, is running for re-election as Clerk of the Circuit Court as Osceola County, Florida.  There are at least 3 other candidates running against him this time, but I find a significant reason to ignore the challengers in favor of the incumbent: OSCEOLA COUNTY FORENSIC EXAMINATION … and for that reason especially, I endorse Armando Ramirez for this post! 

No other candidate in the race would have the cajones to do what Mr. Ramirez has done in exposing the misdeeds of the banks, their servicers and third-party document manufacturing plants and the law firm scumbag attorneys who participate in the schemes to defraud property owners and rely on documents that are recorded in the real property records of county clerks, recorders and registers’ of deeds offices all over the country.

Clerk Ramirez continues to post the Forensic Examination on his website in spite of the attacks that have come against him in the press for undertaking such a feat.  The thing is, this Report is now being used by foreclosure defense attorneys at trial to bolster their cases in defense of property owners, especially in Florida.  This Report is being downloaded by viewers in the United States and Canada on the academia.edu website, where the Report has recently ranked in the Top 2% of research downloads.

It is fundamentally important to realize that even though WFTV’s George Estevez brought Florida foreclosure defense attorney Matt Weidner on his newcast to downgrade the Report as “not worth the paper it’s printed on”, and the Orlando Sentinel smeared the Clerk’s good name on the front page of its internet edition when the Report was released, it’s rather odd that the Sheriff of Osceola County is NOT running for re-election again, and it appears that Florida’s 9th Circuit State’s Attorney Jeff Ashton has a serious contender (Aramis Ayala) running for States Attorney in 2016.  Sadly, as you remember, Weidner was thumbing through individual pages on camera, but seemed to miss the “Attorney Opinion Letter” favoring the outcome and contents of the report in the back of the Report.  I’m glad Weidner is not running for office because you know what I’d have to say about that, right? At least Mr. Ramirez is inclined (and not afraid) to expose the truth, even if the truth hurts.

Ashton, as you remember, made two improper judgment calls (in my book):

(1) he refused to investigate the allegations in the Report; and

(2) he was caught playing on his personal computer with his personal credit card on the Ashley Madison dot com website (a known website for married men who want to cheat on their spouses), which I find worse than despicable of a public servant.

I’m wondering (aloud) if Ayala is going to use that as ammo against Ashton.  Considering the fact of what I’m going to share with you in the second segment, it became perfectly obvious to me WHY Ashton didn’t want to prosecute the allegations contained in the Report.

I don’t care whether he became “the face of justice” prosecuting the Casey Anthony case in Florida, Ashton became “the disgrace of justice” in refusing to amass state and local authorities together to conduct a wide scale investigation of the frauds perpetrated in the land records throughout his entire judicial district!

At least Armando Ramirez has the fortitude to “stand up for the little guy”, while his Democratic opponents and judicial counterparts do not, just because it’s “too political”.  When it comes to making material misrepresentations in the real property records, by recording them electronically (by wire), which many of them are (and were stated as such in the Report), I want to share a case with you that discusses in principle, the “fullness” of the wire fraud statute, which Ashton could have contacted the Tampa FBI and enlisted their help in prosecuting the allegations contained in the Report.  In my book, failure to act constitutes nonfeasance of office, especially when you know something is a political powder keg.

SEGMENT TWO: 

Here’s the case I wanted to share with you: US v Takhalov et al, 11th App Cir No 13-12385 (July 11, 2016)

I find this case unique because the author of this opinion bothered to discuss the differences between deceiving and defrauding, as well as his implicit interpretation of the wire fraud statute.  I think that discussing the aspects of wire fraud and its implicit definition is important here, because it involves “intent” and “material misrepresentation”.

The next question I posit here is: What was the intent of the third-party document mills in manufacturing “Assignments of Mortgage” (or Deeds of Trust) by people with absolutely no knowledge of the actual event?  Further, why aren’t the servicers also prosecuted for their involvement in directing the foreclosure mill law firm to commit wire fraud by causing these documents to be electronically wired into the land records?   After all, this is the NEW thing the FBI is now investigating, servicer fraud.

After you read this court case, you will clearly understand why statutes need to be not only correctly interpreted, but you’ll see Ashton’s nonfeasance of office for failing to investigate and prosecute those responsible for stealing Florida properties in his own judicial district by the use of electronically-filed, real property records.  Clearly, this scam has reached into every nook and cranny of every recorder’s office in America!

I have publicly endorsed Aramis Ayala for 9th Circuit States Attorney and have directly communicated with her campaign … I hope she whoops Ashton’s butt in the Florida primaries next month.

If you live in Orange or Osceola Counties in Florida, or know someone who does, you may wish to direct them to this post!  Even more, get them to read the Report!

 

 

 

 

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