Tag Archives: cancellation and expungment

STARING AT DOUBLE D’S ???

(OP-ED) — The author of this post issues the following warning:  Make sure that you vet whoever it is you’re going to associate with in life, especially in the pursuit of fighting corrupt banks and those who may claim they have a “silver bullet”.   There are lots of naysayers and gainsayers occupying the Internet these days.  Thus, surfing the Internet looking for answers to foreclosure dilemmas and jumping at the first thing that sounds plausible to you is risky!

The Internet is a dangerous place … full of information and disinformation!

It has come to my attention that certain entities out there have taken somewhat of a liking to the cancellation and expungement actions discussed in the recent Las Vegas workshop, covered by this author and Al West, Esq.  The reason Al West teaches this stuff is because he’s done it before.  He has eliminated both deeds of trust and assignments from land records in California.  Since then, there has been an evolution of the cancellation and expungement action, one that has certainly been overlooked by attorneys elsewhere, because they can’t make a big return off of doing “sniper approach” tactics.  Nope.  They want to file 20-count lawsuits because that racks up tens of thousands of dollars in fees for them.  This is part of the reason why the justice system has failed America … use of the “shotgun approach”.

So they take to the Internet, take an approach to the C&E and “embellish” it to their own tastes, whether it comports with what we taught (or not).  There’s nothing worse than filing a C&E and not sticking to the point and letting the other side’s servicer or lender come in and ruin things by changing the judge’s mind, even though the law says otherwise.

Damn every judge that won’t follow the law!   I hope they all rot in hell! 

As Al West explained in the C&E Workshop, judges are all worried about their pensions which are invested in these REMIC trusts.  Thus, any time something that looks “legitimately suspect” comes before them, they look into the end result and what it might mean for them before they issue a ruling against the party filing the C&E. If you bring up the note, you deserve to lose, because the note has nothing to do with the false statements made on the assignments and other title documents, including releases of lien and even notices of lis pendens!

Discussing the implications of foul play in an assignment is one thing.  Telling a judge the note has something to do with the false statements in an assignment is quite another.

Anyone who wants to make securitization the focal point of their argument in a C&E is putting their cases at risk as well.  This document does not talk about who has what endorsement on what note.  The documents filed in the land records serve as constructive notice, no matter how long they’ve been there!  Notes are only used as SUPPORTING EVIDENCE!

Thank you Patriots! 

And I’m not talking about the football team either ….  I’m talking about those well-meaning individuals out there that want to pro se, pro per, sui juris, su-eeee, su-eeee (how you call a pig) whatever that screwed up the land records filing false liens against judges, county officials and people with whom they have an axe to grind.  THOSE are the folks that caused the “two-edged sword” legislation to come into fruition because they filed documents into the land records that were clearly criminal, causing every state legislature to pass laws prohibiting the recording of such documents (that contain false information).  What’s good for the goose, then, is good for the gander. Those who got in trouble for it went to jail, unless they were a mortgage loan servicer or its employees.  Then, they just flat out used falsely-stated information in an assignment to simply “steal the house”!  They’re proud of it too!

THE COTA

Unless you understand how your title documents come into play in the land record (which I why I started out doing Chain Of Title Assessments), you won’t have a clue WHY your chain of title is screwed up.  The interrelation of the land records has everything to do with the outcome of the C&E and a judge has to be educated well enough in the process to understand that there are issues with a document that cannot be ignored, which is why we have expert witness attorneys who will testify on behalf of the claimant, in an effort to sustain the integrity of the court, to save the judge from being tossed into prison under state statute, for aiding and abetting felony perjury!

Do you feel as if you’re in the middle of a freaking carnival?

There’s a dog and pony show jumping on our bandwagon at every turn … and we don’t even have a bandwagon!  So why do lawyers say that homeowners love the simplicity of a C&E?  Because lawyers can’t make any money doing them.  Or so they think.  Had they come to the workshop, like some lawyers did, they would have learned that in certain instances, there are methods for securing additional funds to bolster the war chest that are out there and available to attorneys (ripe for the picking).  In the alternative, case law has taught us a few ways to take an individual’s confession and turn it into gold.

Yet, the carnies are out there!   You know, those carnival barkers!  Yelling at everyone to come and see the greatest show on earth???  It’s like going to the circus and you’re the main attraction.   And you look up at the trapeze artist … all in glitter … and wonder … will she fall?   Do you ever feel like you’re swinging in the wind like her?

The C&E workshop video set is almost complete!  We’ll have it available on the Clouded Titles website soon!  Get educated, then get ugly!

Oh …

And those Double D’s you were staring at?

They stand for DUE DILIGENCE!

 

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DEFEATING DIVERSITY IN FORECLOSURE ACTIONS

(BREAKING NEWS — OP-ED) — The author of this post is the author of Clouded Titles, The Quiet Title War Manual, The C & E on Steroids!, The FDCPA, Debt Collection & Foreclosures, The Credit Restoration Primer, End Game Strategies, Beyond End Game Strategies and host of The Krieger Files.  The opinions expressed herein are that of the author and should not be construed as legal advice.  For legal advice, seek competent counsel that clearly understands what constitutes diversity jurisdiction.

Even in its most liberal stature, the U.S. 9th Circuit Court of Appeals has again, redefined and re-explained that REMIC trusts can end up costing you lots of money in litigation, fighting a losing battle in federal court by re-constituting an opinion of what constitutes diversity jurisdiction.  See the link below to the 17-page ruling:

Demarest v HSBC Bank USA NA, 9th App Cir No 17-56432 (Apr 8, 2019)

You’ll readily notice in the caption on Page 1 that HSBC and MERS were “incorrectly sued”, which would indicate to me they were sued in the wrong name, as indicated in the caption.

Part of the problem here is that the trustee was also sued (Western Progressive, LLC) and the trustee was also out-of-state as to its “headquarters”, which put all of the Defendants, coupled with the $75,000 required for complete diversity jurisdiction, squarely in federal court.

Again, Hawaii Attorney Gary Victor Dubin, who is again in the crosshairs of the Hawaii Bar (thanks to the banks and their attorneys who don’t like lawyers who beat them in court), likens being in federal court to suicide, which he has succinctly stated that it (suicide) is better than being in federal court.  Yet, a lot of people end up becoming victims within the federal system because of improper and incomplete pleadings.   Couple that with WHO you sue and the numbers of removed cases rise exponentially.

Why sue MERS?

This entity is the “bastard child” of MERSCORP Holdings, Inc., which is now owned by Intercontinental Exchange, Inc. (which also owns the New York Stock Exchange).  This newly-acquired entity has the backing of Wall Street.  The ownership of MERS may have changed, but the stupidity of the courts in relying on every tenet of MERS’s flawed business model incorporated within the “MERS® System”, has caused nothing but utter conflict among the state courts and federal circuit courts.

Like MERS says or intimates in its pleadings (among some of the third-person, schizophrenic quotations from its collective counsel and others), “We didn’t do anything wrong!”  “We want to be all things to all people!”  “We are the God of Securitization!”  (sic)  “We are everyone’s beneficiary that names us in their mortgages and deeds of trust!”  “We can be a nominee (agent) and beneficiary at the same time!”  “We can do anything we want, because we’re MERS!”  “We can remove you to federal court because we know your pleadings lack sufficiency and we can get them dismissed!”  “We can be in multiple states at any given moment and the federal judges will do what we say because we own them!” (that’s what they think, seriously).

Knowing you’re dealing with such a filthy, stinking rich entity that kowtows to Wall Street, why in bloody hell would you name them in anything?  Do you seriously have deep pockets?

You’re dealing with a multi-billion-dollar-a-year company here.   Here are some facts you should face:

  1. You signed the mortgage (or deed of trust).  No one held a gun to your head.  You could have walked away from the closing, but you didn’t.
  2. You could have read the entire agreement, asked questions; and when you didn’t get sufficient answers, you could have put off the closing until you got clarification, but you didn’t.
  3. You had no idea that the closing agent and the entity that agent represented knew (or should have known) WHERE the funds were coming from; how the funds were getting to the escrow account that was wiring your funds to the closing agent; and all of the details regarding the validity of the “lender” and “mortgagee of record”.
  4. You had no idea what the acronym “MIN” meant … nor had you any idea of the 18-digit number following that acronym.
  5. You had no idea your loan was being securitized through a Real Estate Mortgage Investment Conduit (REMIC) on Wall Street.
  6. You had no idea that your home loan was being funded by investors unknown to you.

Yet, you got hoodwinked into signing your life away to a life of potential PTFD (Post-Traumatic Foreclosure Disorder), should you fail to make your monthly mortgage payments!

What constitutes diversity jurisdiction?

In order to be able to remove a lawsuit to federal court (which is a court of limited jurisdiction), two things have to occur:

  1. The Plaintiff is a resident of State “A”, while the Defendant(s) are known to be residents of State “B”.
  2. The amount in controversy must exceed $75,000.

Gee … I wonder what would happen if the homeowner showed the caption as:

Joan Demarest and the Registered Holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2 … as joint petitioners … with NO defendants listed … and asked for a declaratory judgment ruling on the merits of WHO got screwed in this deal?  Where’s the controversy then?  (you attorneys can chime in here)

In order to have justiciable controversy (the makings of a proper lawsuit that a court can claim jurisdiction to rule on), you have to have a Plaintiff and a Defendant(s).  If you have “joint petitioners” and NO defendants, how can there be a “controversy” if both joint petitioners agree on the same thing?  Despite the fact that the certificate holders are from all over the world, some of them (To Be Determined) may be in the state you’re residing in (State “A”).   If there’s no State “B”, then why list DOES 1-10, inclusive, like this case did?    I actually litigated a case (while out of state) through the mail, with a co-party, as joint petitioners, and got my ruling from a court in Missouri!  Does that surprise you?

Diversity FAILS if … 

  1. There is no amount in controversy (which is what you have in a declaratory relief case, like a cancellation and expungement action (C&E) over a bogus document in the land records; and
  2. You aren’t naming out-of-state defendants until the in-state defendants respond and lock the case up in state court.

Does this make any legal sense to you?

This is part of what we taught in the C&E Workshop in Las Vegas April 6th and 7th. 

America’s land records are a “crime scene”!

MERS’s flawed business model helped make it that way.  Over 80-million homeowners who unknowingly borrowed investor money through securitized mortgages did the rest of the damage.  It was “intentional” on MERS’s part.   It was ‘unintentional” on the homeowners’ part.

Despite the fact you can beat diversity, certain entities will remove the case to federal court anyway, just to F**K with you and your pocketbook!  MERS is one of those entities.

There is a right way and a wrong way to approach this scenario.  What Joan Demarest did in her case was the wrong way.

The “trustee” is a necessary party in Deed of Trust states!

You should know that if you name the trustee in your lawsuit, it’s likely that the trustee is “headquartered” out-of-state.   The trustee (in this case) was declared by the 9th Circuit panel to be a “real party to the controversy for purposes of diversity jurisdiction when he possess certain customary powers to hold, manage, and dispose of assets for the benefit of others”.

This case was filed in Los Angeles County Superior Court on May 27, 2016.  You would think that by then, anyone involved in this case could have figured out what the “end result” could be … but NO!  We have attorneys out there that like to use the “shotgun approach” instead of the “sniper approach”.  This is why California Attorney Al West and I put together “The C & E on Steroids!”   It’s a sniper approach to cleaning up the “crime scene”.   If you clean up the “crime scene”, then what evidence is there that a crime occurred?  What evidence is there that a party has standing to foreclose when the intended “consequence” of an assignment is declared void, cancelled and expunged from the land records?

This is why we found instructional appellate case law to support our research and methodology for doing these types of “sniper approach” end game strategies.  Everyone wants an “end game”.  Getting to that point is why people run into trouble having their dirty laundry removed to federal court where it’s likely to get dismissed on a 12(b)(6) motion.  And the foreclosure happens anyway, because “we’re too pissed to think straight!”

Watch the movie “American Sniper”.  Then, liken that mindset to your approach.  Knowing WHEN, WHERE, HOW and WHY you need to “take out” a target makes all the difference in the world.

Look for The C & E on Steroids!, along with the DVD training video kit, available in early May, only on CloudedTitles.com!

Sniper training at your fingertips!

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AN EXAMPLE OF HOW A C & E FITS INTO THE SYSTEM OF THINGS!

(NOT-SO-BREAKING-NEWS — OP-ED) — The poster of this blog is NOT an attorney; however, he works with attorneys to achieve positive results in creating potential legal scenarios that could stop foreclosures dead in their tracks! 

There are times when the legal system “pats itself on the back” and times when it pauses to reflect on past issues.  The party discussed in this case happens to be one Jorge Porter, a gentleman I was introduced to long ago by the late Coral Gables, Florida foreclosure defense attorney John Herrera, who sadly passed away long before his time.   It never ceases to amaze me that “the system of things” that runs the legal profession and the manner in which case law is established and made available to the public comes at a time when it’s convenient for the banking industry and not for consumers.

Such is the case here, where it’s taken several months for a Third DCA Florida case to reveal itself:

CitiMortgage, Inc v Jorge Porter et al, 3D17-2469 (Dec 19, 2018)

Bogus documents?  You bet!  Suspect criminal behavior?  You bet.  The Appellate Court even used the term “criminal” in its ruling!   There are some great Florida cases cited in this ruling, which reflect on past cases where fraudulent documents were introduced into the case, relied upon, to the detriment of the parties bringing these suspect documents into court!

Then surprisingly, months later, the legal profession decided to approach this subject matter, with a blog posting:

Lexology Article on Porter Case (Mar 21, 2019)

When one reads the court’s order … and then reads the Lexology post, it pins the misbehavior directly on the borrower, Jorge Porter!  This also goes to show you that “two wrongs don’t make a right”!  Filing administrative crap in the land records like Deeds of Reconveyance, Substitutions of Trustee, Satisfactions of Mortgage, Land Patents, U.C.C.-1 Financing Statements and the like is NOT the way to solve your problems if you’re facing foreclosure or even default.  Because the Florida Third DCA pointed it out, the appellates did it for a reason.  You cannot file bogus crap in the land records to defeat a lien interest yourself!  We have a process to legally deal with the system of things when bogus documents are suspect.

It’s called a cancellation and expungement action (C & E)!

We wrote a book about it (see below).  No one else has done this because no one has really come up with any viable solution to challenge these documents even though state statutes allow for it.  Not only that, we’ve figured out a way to “make it personal”, which means we’ve figured out a way to by-pass the Fair Debt Collection Practices Act and go after the lawyers, document mills, notaries and title companies who caused this bogus crap to be recorded in the land records in the first place!  All one has to do is go searching in the land records for assignments and I will prove my point 9 times out of 10!   You see, the recent Obduskey decision by the United States Supreme Court doesn’t address ethical violations committed by attorneys for the banks when they rely on bogus, criminally-conspired-and-drafted, fraudulently-recorded documents!  The Obduskey case also does NOT protect the robosigners and notaries whose names appear on these fraudulent documents!

Thus, California attorney Al West and I put together an intensive, two-day class to educate you as to HOW a C & E action is created, researched, analyzed, drafted, filed and executed on!

I’ve blogged about it before, but this case just got under my craw (Jorge Porter should have known better) and I had to share it because when “something is rotten in Denmark” and there are 500-million-plus suspect bogus documents in the land records THAT ARE STILL THERE and STILL CONTINUE TO BE THERE, even AFTER the foreclosure has taken place (some are actually recorded AFTER the foreclosure has taken place … by the very banks doing the foreclosing) … don’t you think you owe it to yourself to research what the “mongoose is to the snake”?

DETAILS ON THE WORKSHOP:

The host hotel has extended the registration deadline until

Friday, March 29th

for those of you wishing to reserve a sleeping room for the event.

The downloadable forms you need to attend are right here:

 LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Simply book your sleeping room for this event by clicking on this link:

 http://group.doubletree.com/ForeclosureDefense

We got a really great room rate and FREE breakfast buffet!

FREE airport shuttle service to and from Las Vegas McCarran Airport (LAS)!

Seating is limited! (and we mean “limited”)

We have millionaire investors … attorneys … homeowners in litigation …

trusts and LLCs in litigation … real estate agents and brokers … paralegals …

ALL REGISTERED TO ATTEND!

The best part is … DIRTY DOCUMENTS apply to all their cases!

You can pay for your attendance fees by visiting THIS LINK!

Once you’ve paid your attendance fee, click here:

FDW REGISTRATION FORM_LAS VEGAS_2019

to download your Registration Form!

Fill it out, scan it and email it HERE!

Make sure you pay attention to all pull-down menus and

related cart processing information!

We have a secure website and we do not store cardholder information!

Everyone attending gets handouts and a copy of the brand new book:

You don’t have much time though.  

The date of this workshop is fast approaching! 

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BRUCE JACOBS CATCHES FLAK FROM FLORIDA’S THIRD DCA!

(BREAKING NEWS – OP-ED) —

The statistics are unlike anything I personally have ever seen as a consultant to attorneys on matters of foreclosure, chain of title and the system of things … BUT Miami-Dade foreclosure defense attorney Bruce Jacobs has put himself in the firing line by causing the Third DCA into an apparent retaliation by issuing Jacobs a Show Cause Order as to why he should not be sanctioned for violating not only Florida Appellate Rules of Procedure but Florida Bar Rules as well.  I’ve personally met and talked with Bruce Jacobs, a former Miami-Dade State’s Attorney, a devout follower of Judaism.  There are those in the foreclosure world who think little of him for various reasons, while others think he’s too busy to handle their cases, while yet others believe he is a true fighter for “the little guy”.

Miami’s Daily Business Review (via law.com) just broke a story yesterday (October 4, 2018) of the potential sanction news against Jacobs. After doing a little digging, I found the subject per curium ruling that put Jacobs in the crosshairs of some very pissed off judges.  It all stems from their reversal of the famous HSBC v. Buset case, where Jacobs represented the Busets.  After the 3rd DCA’s reversal, I asked Bruce about their opinion in Buset and he told me succinctly that “This is war! This ain’t over yet!”

In a State where homeowners have had more opportunity to figure out “the system of things” as to how foreclosure courts behave, the statistics you’re about to read, which were contained in a filing with the Florida Supreme Court in the cited case, includes statistical evidence of how Florida’s Third DCA is apparently biased and prejudiced against delinquent homeowners:

Alexander v Bayview Loan Svcg LLC, 3D16-2228 (filed April 20, 2018)

Knowing what I know about phony assignments, I proffer an idea here that squarely puts “the system of things” into motion.  By reading this “Opinion” issued by the Third District Court of Appeals in Florida, see if you can make out the frustration not only felt by Bruce Jacobs but by virtually ALL homeowners who’ve ever been in front of any judge in the Third DCA:

Aquasol Condominium Assn Inc v HSBC Bank USA NA et al, 3D17-0352 (Sep 26, 2018)

Again, Jacobs has locked horns with a nemesis that has a propensity to lie in the manufacture of assignments.  In a case in Hillsborough County, Florida, HSBC’s “document manufacturing” came under serious scrutiny and the recorded document was ordered cancelled and expunged from the Clerk of the Circuit Court’s official records in that county.  The case involving that apparent suspect document is still ongoing and if “the system of things” is allowed to play itself out, one particular foreclosure mill law firm and five of its attorneys could be facing the same consequences as Jacobs is now.  It is problematic that most homeowners let their frustrations get in the way of common sense, but the latest “Opinion” seriously appears to put Jacobs in a very tenuous position, since he’s called out the Third DCA for what he believes they apparently are … biased and prejudiced against homeowners … enough to ignore obvious frauds on their own court systems!

However, it should also be made clear here (IMHO) that “the system of things” as I have described in the 10-part series, “Gutting the Underbelly of the Beast” was not implemented in Buset … was clearly not implemented in Alexander … and was definitely NOT implemented in Aquasol, predicated on what didn’t happen in Buset.  That may be tough for some to get their head around; however, when you see the quotes that Bruce Jacobs included in his brief to the Third DCA, which made them recoil, it’s clear the Opinion they issued was really a Show Cause Order that the media is now going to make a 3-ring circus out of, especially in light of what happened to Pinellas County foreclosure defense attorney Mark Stopa.  It’s obvious that Florida does not like aggressive foreclosure defense attorneys, whose first duty is to “the Court”.   With the advent of a Florida judge testifying (at Stopa’s hearing) that Florida foreclosure court judges are incentivized to clear their dockets and receiving bonus cash rewards for doing so, it is very clear that our courts have allowed their own political agendas to taint “Lady Justice”.

I’ve always said it’s about the assignments.  It’s always about the assignments.  This is why C&E actions are so vitally important:

(1)  They dissect the false and misrepresentative information contained within the assignments that are being relied upon by bank’s counsel in foreclosure proceedings.  This involves deposing robosigners.  HSBC has robosigners.  They defaulted when challenged in a C&E as to what authority they had to execute the document.

(2) They bring to light certain statutory violations. Florida has a civil component to its criminal component in F.C.C. § 817.535, which some attorneys rarely use and if they use it, apparently don’t go far enough in using it. They “drop the ball” by NOT doing a C&E on the document called into question.  This is no different than a pro se homeowner going into court and waving a document around and calling it a fraudulent document.  Same results. The Court says, “Prove it!” … and you have no proof!  So piss off!

(3) They bring to light certain ethical violations. Imagine you’re a foreclosure mill lawyer who’s relying on the false and misrepresentative information contained within an Assignment of Mortgage (or even an Assignment of Deed of Trust, for those of you in non-judicial states that have sought to litigate a matter to stop a foreclosure), and you (a.) failed to exercise due diligence in vetting your evidence; (b.) were purposefully involved in the creation of the fraudulent document; and (c.) new or should have known that the information you proffered to the Court would result in a statutory violation.  There are individual Bar Rules in every State that call out this type of behavior.  These Rules fall under the section labeled “Misconduct”.  On occasion, State Bar Associations and Courts across America have to deal with such matters; however, foreclosure cases are particularly egregious in nature because the ethical violations appear to arise out of statutory violations being promulgated on the Court.

(4) They require a determination as to their validity of the document in question.  In the Hillsborough County matter, HSBC had every opportunity to respond, yet didn’t.  When you look at the C&E’s allegations there, HSBC employees could have been facing felony UPL charges.  Duh!  It’s no wonder they didn’t show up.  The good ‘ol boy network on occasion does “circle the wagons” to protect its own practitioners.  I gotta give ’em credit for their somewhat misplaced allegiance.  They pick and choose who they want to prosecute.  Obviously, the several HSBC employees aren’t in jail, so they’ll keep manufacturing phony documents (like every other mortgage loan servicer has done since they were told not to in 2012).

(5) They require a definitive action by the Court.  When presented with the facts, the judge in the Hillsborough County matter cancelled the document and ordered it expunged from the real property records.  That expungement was not detected by the foreclosure mill law firm.  That expungement created further triable issues of fact.  That expungement, in of itself, created a statutory violation.  That expungement further convoluted the chain of title, impairing that property’s vendibility.

(6) They are the “backbone” of any quiet title action.  Once eliminated, assignments and other documents set the basis for the complaint or counterclaim sounding in quiet title because the “obstacle” that the bank has to contend with is an illicit document, shown to be fraudulent, or in the alternative, proven to be fraudulent, with expert witness trial testimony from an attorney to back it up in subsequent cases.  This posits a very serious scenario for the foreclosure mill law firm.  It posits an even more of an issue for any judge hearing the subsequent quiet title action, because the same unclean hands that created and/or relied on the phony document that was cancelled and expunged through the C&E have now come home to roost.

As long as the homeowners are in a position to control the outcome of their cases, the C&E may become a vital tool to measurably determine the success or failure of their destinies.  Sadly, as vigorous of a defense that any foreclosure defense attorney could throw at the other side, especially in this matter, the C&E wasn’t part of it.  Without a basis in finality, how then can “the system of things” work to impose sanctions on the real violators and unseat judges for agreeing with them?

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