Tag Archives: chain of title

WILL THERE BE AN UPTICK IN FORECLOSURES ONCE THE CORONA-CRISIS IS OVER?

(OP-ED) — The author of this post is a consultant to attorneys on foreclosure and chain of title matters and none of the following opinions should be constituted as legal advice or seek to guarantee a legal outcome. It posits what this author sees as what is to come.  It may not be the “whole new way of life” everyone thinks is going to take place due to this pandemic. 

This post is not for the faint of heart nor is it designed to make you more paranoid than most of you probably already are.  It is designed to impart some common sense rationality into dealing with the post-traumatic issues of what we collectively are all perceiving as a “crisis”.

Some of us think this whole thing is overblown.  The majority however have unknowingly allowed the “crisis” to replace common sense with survival fear … and rightly so.  It’s one thing to think that the coronavirus was just going to stay put in China when in fact, we have such an upwardly mobile society that everyone has been instilled with traveling to different parts of the world, be it on a plane, on a cruise, whatever … no one expected this would hit America and I believe we were all duped as to the “numbers” and the “purpose” for COVID-19.

Here are some interesting “takes” I’ve picked up on over the last couple of weeks …

  1. Chinese-Americans who are loyal to this country have stated to me that China well understated the numbers of dead and infected as the result of the viral spread there.
  2. The understatement was intentional, to lull us all (and I mean the World Health Organization (WHO) and the countries affected by the virus, including America) into a false sense of security so we would continue to go on about our daily lives as if this virus really didn’t matter.
  3. Knowing that we were already embroiled in political turmoil in this country, we’ve been “played” by the Chinese in a further effort to destroy the credibility of many of our elected leaders and further create political dissension in our every day lives.
  4. Most of the world was not medically ready for another pandemic.  If WHO was really concerned with the spread of this virus, it should have reacted more quickly when it was observed that the virus was spreading outside of China’s borders.
  5. We can all point fingers at our government for being “reactive”, because that is how our government has always been … reactive instead of proactive.  We weren’t ready for the virus when it hit our shores and we sure as hell aren’t ready for it now.
  6. Our medical systems in this country rely too much on non-essential and boutique surgeries and were not ready to deal with massive shortages in critical care supplies and labor.
  7. Our government’s medical “advisories” and social “responsibilities” were lacking in keeping its undisciplined citizenry safe from each other, allowing for Darwinistic opportunities to avail themselves upon an unsuspecting public.
  8. Instead of heading off the pandemic “at the pass”, state and local governments were slow to react to contain the virus and identify the “vectors”, which is what South Korea did when it first became aware of the invasion of the virus.
  9. The saving grace was that most state governments went above and beyond the federal measures enacted to stop evictions and foreclosures during the coronavirus outbreak.
  10. The not-so-saving grace is what happens after the fallout rears its ugly head, the supply chain breaks down in certain quarters and the economy can’t put enough people back to work fast enough to recover from the shock the country took in the 30-60 “stay in place” periods.

This is where thinks get “quirky”.

As was explained in some “insider” memorandums which I managed to retrieve through my back channels, the mortgage loan servicers (especially on these MERS-originated mortgages) have to pay advances on the distribution dates to the investors who funded the loans through the various REMICs (Real Estate Mortgage Investment Conduits).

There were (at last count) roughly 6.6-million people that applied for unemployment benefits, despite the economic “stimulus” package.  In my twisted mind, this is like getting a hand job by a hooker, wherein the “wham bam” happens and then you realize the relief was only temporary and you’re right back at the stress level you started from before “the act” happened.

The mortgage loan servicers who handle the payments to the REMICs (the advance payments of principal and interest on every securitized loan) every month on the distribution date, have to pay those advance payments whether borrowers make those payments or not.  I hope you got that.  No matter (during this crisis) whether you made your monthly mortgage payment or not, you are NOT in default because the servicer has been making your payments anyway.  They just won’t tell you that.

The problem becomes worse however when the servicers have to make these payments regularly over time, believing that they can collect the the past due payments from the borrowers (who are out of work or close to being out of work or short on funds) who are wanting a forbearance on their mortgage loans.  This means the servicers would have to consider putting the payments (including interest) on the back end of the loan.  This means that for those of you who (for example) were on “Payment 22” of your amortization chart on a 30-year fixed rate loan, you’re asking for Payments 22, 23 and 24 (plus interest) to be put on the back end of your loan, which is compounding interest upon principal upon interest.  Let’s face it, most Americans do NOT have the reserves to make the mortgage payments past one month, which is why they had to borrow the money to buy the home in the first place.

Now the mortgage loan servicers are stressed financially because the payments have to be paid into the securitized trust pool every month, regardless of the borrowers’ circumstances.  The servicers may be forced into “having to rob Peter to pay Paul”, which means the servicers will borrow from escrow accounts all over their servicing network of mortgages, in the hopes that they’ll be able to repay those escrow accounts back over time.  The problem is, when that doesn’t happen (and even at the time funds were borrowed from escrows), there is still a shortage in the escrow accounts that the servicers borrowed from to pay the REMICs their monthly payments to.  A prolonged period of these payments (6-9 months; if this crisis were to continue) would put the servicers in jeopardy.

Fast forward to the end of the corona-crisis … 

The mortgage loan servicers are out of pocket all of the advance payments they had to pay during the crisis, which means they’re going to be on an all-out campaign to try and recover as much of the shortfalls as possible to reimburse all of the escrows they borrowed from to keep everything looking “current” on the books (this is why servicers get in trouble).  This is one of the reasons why Ocwen got into trouble and ended up having to sell $600-million in securities to bolster its “advance” payment funds to investors.  That’s like chasing a large, lump-sum credit card payment, making minimum payments every month.  The debts just never seem to get paid off.  Most borrowers can understand that.  Now, factor that into a much larger scale.

By now, you’re beginning to see the “crisis” occurring within the ranks of the mortgage loan servicers.  They will be reluctant to do loan mods because that means more perks for the borrowers. Extensions the servicers really aren’t interested in “affording” because they’re already swimming in borrowed time.

Couple that with the borrower’s payment history of already-missed payments BEFORE the crisis was declared and you’ve just dumped gasoline on the already burning flame.  My suggestions here, which are simple to ascertain and follow:

  1. During the crisis, check your land records EVERY WEEK to see whether or not the servicer has “manufactured” any assignments using MERS (Mortgage Electronic Registration Systems, Inc.) as a means to assign, transfer or convey a mortgage loan into a REMIC trust in anticipation of having to do a foreclosure.
  2. If the assignment was done BEFORE the foreclosure and you’ve already become aware of it, use this opportunity to research your chain of title and see whether or not the information contained within the assignment is false and misrepresentative.
  3. Look up the state statutes to see what felonies were committed by asserting the false and misrepresentative information into the assignment, which was subsequently recorded into the public record and begin to document all aspects of it (who created the assignment, who executed the assignment, who notarized the assignment, who are the parties named in the assignment, who caused it to be recorded, etc.) for reference.
  4. DO NOT attempt to contact any of the parties creating the allegedly-bogus assignment. This is like tipping your hand in a high-stakes poker game.  I cannot stress that enough (as a consultant to foreclosure cases).  Telling the other side of your game plan is going to jeopardize your chances for recovery down the road.  What is important is to gather as much information as possible about all of the parties mentioned within the assignment without contacting them directly.  (There will be plenty of time for that in court-controlled discovery).
  5. Obtain a certified copy of your REMIC from the United States Securities and Exchange Commission while the ink is still fresh and you can take advantage of the time lapse created by the corona-crisis which allows you some advantage in preparing a suit for cancelling and expunging the suspect assignment.

For those of you that don’t get the “gist” of attacking documents, I have a kit available (in limited supply) online at CloudedTitles.com/shopThe C&E on Steroids!   This will give you a blueprint as to how to successfully challenge the phony documents in the land records.   It’s an 8-DVD video set plus a book containing the information you’ll need to arm yourself for the upcoming “fight” I think many of you are going to be involved in.

Why is this important?   If you’re facing foreclosure, even before the crisis, this moratorium will give you time to: (a.) think about Plan B; and (b.) act on that plan.  Even the 60-day window, which has already started ticking (courtesy of the federal government and extended by various state governments) will give you enough time to get your case files together, analyze them and more forward with retaining counsel (if you haven’t already) to “fight the good fight” because the corona-crisis itself was just not enough … we’ll be seeing another wave of foreclosures when it’s over because when it comes to reimbursement of an already-depleted money supply, the servicers (who are tasked with stealing the home) will stop at nothing to take your home away from you … and sadly, the government won’t be there to bail you out.

1 Comment

Filed under OP-ED, Securitization Issues

REMEMBER WHO THE ENEMY IS …

(BREAKING NEWS) — The author of this post is issuing this update to give you a bit more incentive to participate in the upcoming online COTA Workshop.  The information presented here is for educational purposes only; however, it’s based on years of research by this author and through discussions with attorneys who have utilized this material to their benefit. 

For those of you who are being exposed to COTA (an acronym for Chain Of Title Assessment) for the first time, or wish to intensify the study into the COTA for future use in helping others (and making a sideline income from your knowledge you’ve obtained here), let’s briefly delve into what the chain of title is and how the COTA differs from a simple “title report” issued by today’s title companies across America.

(1) Assists in identifying all known potential claimants to property

It doesn’t matter whether you’re buying a home for the first time or putting your faith in a landlord who claims to own the home he’s renting to you, it pays to understand “who’s on title”. In this day and age, more and more issues of fraudulent transfer and assignments of lien have permeated hundreds of thousands of land records, if not by crooks attempting to commit identity theft by recording false deeds, but by the very banks and secondary players “in the game” that created assignments out of thin air and caused them to be placed into the public record, all since the 2008 financial collapse!  Simply looking at the deed to a piece of property isn’t enough. The aftermath that followed the collapse (2009-2015) has been proven by this author and others to have been one giant scheme to steal property across America by some very unscrupulous sponsor-sellers on Wall Street using phony documents to get their way.  If you or this author ever attempted to do what the banks did, we’d be in jail, because the government is in bed with the banks!  The COTA helps you to identify those person(s) who say they have an interest in the property, whether by claim of ownership or by lien interest.

(2) Assists in identifying potential unknown intervening assignees

Many do not recognize the word “mesne”.  It’s pronounced “mine”.  It’s a legal term that means unidentified players within the chain of title and these players became unknown “assignees” through the use of an electronic database called Mortgage Electronic Registration Systems, Inc. (or “MERS”).  If you’ve read Clouded Titles, you know that MERS is currently operating under its third incorporated version, taken over in October of 2018 by the same corporate outfit that owns the New York Stock Exchange, ICE (an acronym for Intercontinental Exchange, Inc.). The mesne assignees entered the chain of title to millions of pieces of property through the use of the MERS System®.  This workshop will teach you the fundamentals of how securitization operates and just how the silent invasion of millions of phony documents entered the public recording system. It’s knowledge that has cost over 10-million Americans their homes because they didn’t have that knowledge when they took out their mortgage loans way back when.  If this workshop could save you tens of thousands of dollars in mistakes, wouldn’t that be worth it?

(3) Assists in identifying abuse to the title by lien holders & clients 

It goes without saying that millions of Americans have fallen prey to the scheme of obfuscation within the chain of title by parties that all of a sudden “claimed” an interest in any given piece of property in America simply by creating an assignment of mortgage (or deed of trust) with the intention of giving the recorded instrument legal effect for the purposes of foreclosure.  The banks and the financial industry supporting the use of MERS then proceeded to infiltrate all 3,041 public records through the use of legislation, which more than likely came into being through the use of “monetary incentives” (i.e., “the best congress money can buy”) to get legislation passed to allow a “book entry system” to permeate the land records all across America through the use (and abuse) of documents that were vague and ambiguous, which this author first discussed in the very first COTA Workshop he ever taught, as a CLE to attorneys in Texas. Now you can have access to that same information, which could help you in making what could be life and death decisions!

(4) Assists in identifying potential causes of action for use in litigation

The one thing for certain in America is that these abuses within “the system of things” has made the greater percentage of the citizens in this country litigious in one way, shape or form. The remains of those who have been foreclosed upon in the past have paved the road with bad case law because they (and their attorneys) fought with bad information, information that was passed through the legal forums throughout America by attorneys who became part of a very widespread network of what are known as foreclosure mills.  Some have fallen by the wayside, while others have only gained in strength by setting case law in their favor before most Americans (who were foreclosure victims, and their lawyers) realized what kind of legal charade was being falsely portrayed within the judicial venues throughout this country.  This author is convinced that all of this was by design, to give these foreclosure mills lots of work and as one attorney this author knows put it, “How to steal people’s homes for fun and profit.”  Sadly, 97% of all affected homeowners cut and ran, leaving the system to its own devices.  Those who fought the banks and their servicers found out the hard way that claiming “fraud” costs money … more money than the average American homeowner anticipated spending to stay in their home. There’s a right way and a wrong way to understand “the game” … and you’ll learn that in this workshop!

(5) Establishes proof of ownership in the chain of title (deraignment)

Here’s a term (deraignment) that most people don’t understand the concept of.  In this workshop, the author is going to show you not only what this term means, but how it’s applied in law!

(6) Establishes parameters for given time periods of recordation (laches)

The doctrine of laches kind of works like a ticking clock.  Many Americans have been duped into believing that once they’ve found out that they were “screwed over” by the banks, they attempted to file lawsuits against the banks and MERS, something the banks were geared up in advance to wage a winning war against these unsuspecting homeowners and their attorneys, who soon found out that there were more ways of making money than by doing simple wills and estate planning.  Welcome to the understanding of what makes a foreclosure defense lawyer tick … your paycheck in his trust account!  Laches is further explained in the COTA Workshop … which can be taken via the internet right from your very own home computer.

(7) Establishes proper document recordation value (as to sequence)

It’s not just a recorded document that makes a difference … it’s how all of the documents in the chain of title interrelate to each other.  We’re going to go into detail by showing you case studies within the COTA Workshop so you can gain an understanding of how these abuses within the chain of title occurred and how the COTA is used to formulate litigation.

(8) Establishes proper evidence to identify potential problems with title

If you had a way to identify issues within your chain of title, wouldn’t that make your understanding of future litigation more practical?  This is why so many attorneys across America have read Clouded Titles. In fact, this book (written by the author who is teaching this online COTA Workshop) was recommended to homeowners by U.S. Bankruptcy Court Trustees!  This means that the information contained within this book (and this author’s subsequent teachings) was very quickly picked up by “the system” and integrated into its database of legal knowledge.  As a bonus … for those of you taking the online COTA Workshop … you’re going to receive a complimentary copy of this book that has gotten the attention of even the federal judiciary!  Suing for everything under the sun (including the kitchen sink) is a big waste of time and money.  This online COTA Workshop will teach you the basics of understanding what the aspects of litigation are and how you, as a past, present and future homeowner, can benefit from understanding the fundamental issues within chains of title that have been affected by the schemes perpetrated by the banks and their henchmen.  This goes way beyond what title companies will ever reveal … because the title companies are “in on it”!

(9) Raises potential legal issues based on research of statutory violations

This author has written other publications which explore the universe of legal claims based on violations of statute.  Your mission, should you decide to accept it, is to understand how and where to find this information … and the author will show you how in the online COTA Workshop!

(10) Raises potential legal issues based on unproven but evident fraud

Fraud! Fraud! Fraud!  That’s all this author hears homeowners bleat (like sheep to the slaughter).  Learn what the potential legal issues are without becoming a victim of them!  It’s a very expensive proposition … something this author knows could save you tens of thousands of dollars in legal fees just by your gaining an understanding of how you (as a homeowner) have been duped.

(11) Raises awareness of concern by the Preparer as to legal consideration

If you were going to help others (while making a living doing COTAs) avoid these same pitfalls, wouldn’t it be nice to know exactly HOW the author came to understand the fundamental concept of how the chain of title works?  Spending tens of thousands of dollars in litigation costs makes everyone but you (the homeowner) rich.  Why drop that big dime if you can possibly avoid it?  We’ll even be discussing quiet title and the use of declaratory judgment actions as a part of the common strategy to get to the truth of the matter involving chain of title!

(12) Raises the stakes of potential legal claims for damages

Out of these dozen reasons why you should consider taking this online COTA Workshop … if you had a clear and concise understanding of what you were up against and knew the real issues within your chain of title (or could research the chain of title for a prospective property you wish to acquire as a means of building equity), wouldn’t it be nice to know that once you’re all settled in, you’re not going to become a victim of foreclosure by some unscrupulous lender, based on those mesne assignees this author talked about in the beginning of this post?  If you knew which legal claims were more profitable than others, wouldn’t that be a good thing?

The online COTA Workshop begins February 1st (that’s this coming Saturday) … why not start out the New Year with a chunk of knowledge that can not only save you thousands of dollars in legal fees, but also give you the opportunity to make a decent living while helping others avoid the pitfalls that have cost millions of Americans dearly.

Click here to register to attend! 

In addition, if you missed something … after taking the online COTA Workshop … we’ll make these sessions available to you online so you can further your studies and pick up the nuggets you may have missed while attending the online COTA Workshop … all of which you can access FREE OF CHARGE, with your paid attendance to the workshop!

Plus, by attending the online COTA Workshop, you get a complimentary copy of the book Clouded Titles!

The webinar platform will give you a chance to ask questions at the Q&A breaks in the class too!  

Knowledge is power!

The clock is ticking … what are you waiting for?

A summons to appear in court or a notice of default?

Don’t be a victim!

Arm yourself with education!

Click here to register to attend! 

 

2 Comments

Filed under BREAKING NEWS, Securitization Issues, webinar, workshop

LSF9 GETS A BEAT DOWN IN PALM BEACH COUNTY COURT!

(BREAKING NEWS – OP-ED)The author of this post posits the following information for educational purposes only and the opinions expressed herein are that of his own and should not be construed as legal advice.

Hats off to Patrick Guinta, a foreclosure defense attorney in Pompano Beach, Florida, who handled a solid case for a personal representative of a decedent in defeating a sham trust in Circuit Court in Palm Beach County, Florida.

If you look at the court docket for this case, there were 5 pages on the Palm Beach County Clerk of Court’s website to sift through, wherein I obtained (albeit non-certified copies) legible documents, all reflecting back to the chain of title and a judge that was willing to listen to reason.  Many judges in Florida, especially the senior judges, think that if they rule against the REMICs (Real Estate Mortgage Investment Conduits) in foreclosure cases, that their pensions, of which many are vested in these securitized portfolios, will be adversely affected.  Part of that reasoning is flawed because:

  1. The REMICs never got the note and mortgage in the first place;
  2. If the REMIC did get the note and mortgage, it’s because the Master Servicer made it happen without the REMIC’s actual knowledge;
  3. Caliber Home Loans, who claims to be the servicer, wouldn’t know the truth if it bit ’em in the ass;
  4. Fortunately, Mr. Guinta managed to get an affidavit from private investigator Bill Paatalo (see here): Affidavit of Bill Paatalo
  5. Fortunately, the judge in this case decided to scrutinize the documents more fully (which many judges in Florida could care less) and issued a Final Judgment for the defendant (see here): Final Judgment for Defendant
  6. According to Bill Paatalo, the witness for Caliber Home Loans, the alleged servicer, “fought us for over a year on our motion to compel the trust agreement and to un-redact their version of the MLPSA. At trial, they inadvertently (I believe) allowed the un-redacted MLPSA (which they were ordered to produce under strict confidentiality) to be admitted into the record. They blew their confidentiality. The Caliber witness stormed out knowing he’ll never testify again. FYI – Serge Alexis. Alexis didn’t know anything about the MLPSA they themselves proffered, but oh boy did I go off on it to the judge and she was listening to every word. Their attorney from Albertelli was a deer in the friggin headlights!”

You see, anything Caliber Home Loans “touches” can’t be trusted.  Like MTGLQ Investors, LP, neither alleged loan claimant can actually prove how they got the note and they often use third-party document mills to do their dirty work (like Nationwide Title Clearing or Meridian Asset Services, both out of Pinellas County, Florida) to create assignments of mortgages and deeds of trust that are full of false misrepresentations.  Any attacks outside of the actual trial itself are met with Motions to Dismiss.  These people just want your house and they don’t care HOW they get it!

They’ll lie to a judge to get it!

This also goes to show that if you get a judge who will actually listen to testimony and stop being so anti-homeowner (e.g., “Well, if the bank shows up, they must own the note, so therefore, they’re entitled to foreclose!”).  This kind of reasoning is flawed because there is no basis in fact. It’s purely the judge’s own emotionally-biased opinion.  Like Al West, who will be lecturing on securitization and the games the bank’s play in the upcoming “Beyond Foreclosure” workshop in Orlando, Florida (along with this author and others), he always hears this same diatribe from judges in California: “Well, Mr. West, your arguments are sound, but we just cannot hurt the banks.”

If I had a picture of Al’s “size 9 asshole” (where many a judge has put his foot into, figuratively) I would show it to you as proof!

And what happens when your attorney doesn’t do their job (as Mr. Guinta has done here, successfully)?  What recourse do you have?

We’re going to discuss that at the upcoming workshop as well.  It’s called legal malpractice.  It happens a lot, especially when you hook up with lawyers that just see you as a monthly annuity and nothing more.  People retain these attorneys without ever vetting their work. At least I bothered to post the Final Judgment in this blog, so you can plainly see that some attorneys actually do “do their job” and do it well.

One of the folks who I worked with (on their case) for a number of years just got their attorney suspended for a year (with other sanctions). They will explain how they did it at the workshop.  Their attorney took $6,000 from them, agreed to do 2 depositions (of a robosigner and a notary) involving a bogus assignment of deed of trust (and note) and then pocketed the money and failed to do the depositions.  Not only that, the attorney failed to communicate with his clients until AFTER he made his court appearances … which cost them a loss in federal court, based on phony documents.  In this case, the judge obviously took the chain of title seriously, more than most judges would, especially in most Florida foreclosure courts.

1 Comment

Filed under BREAKING NEWS, I'm not posting any more stuff on here!, OP-ED, Securitization Issues

BOTH QUIET TITLE ACTIONS AND C&E ACTIONS ARE DECLARATORY RULINGS! UPDATE!

(OP-ED) — The author of this post is not an attorney and thus cannot give legal advice.  However, based on the research contained herein, one can share without retribution; thus, let this be for your educational value only! 

UPDATE … NEW IDEA!  (Please move to the bottom of the article to read my thoughts on this!)

One judgment appears to be a “cheap date”, while the other judgment isn’t.

Which one is cheaper to prove?  Why … the C&E of course!

The “C&E” should become part of everyone’s vocabulary these days.  I can give you over 500-million reasons WHY a C&E is important to every American property owner.  The main one is adverse condition of title to over one-third of every parcel of land in America!  That’s the biggest reason.

How can you consciously sell a piece of property to another human being when there is clear evidence of chain of title issues present, especially when “MERS” is involved?

The C&E has been in the forefront the entire time, albeit not exclusively.  Everyone knows that quiet title actions have been around for centuries. But … and I use this caveat succinctly: Quiet title actions are more than just a simple step in clearing title to a piece of land.  Like the C&E, both matters involve an evidentiary proceeding.  Both are rooted in declaratory relief.  Both require a certain amount of discovery.  However, the C&E requires less discovery because you’re only targeting one suspect document in the real property records, while the Quiet Title Action focuses on the entire chain of title, leading back to the document (usually the mortgage or deed of trust) that plagued the chain of title in the first place!

Back in the days preceding the first financial collapse in 2008, mortgage brokers and their title companies were so quick to file stuff in the land records that: (a.) they submitted the documents incorrectly for recording; (b.) they submitted MERS-originated documents to the county recorder knowing full well that the borrowers encumbering their property had no knowledge their loans were being securitized; and (c.) they did this knowing that a majority of the documents being recorded contained information on loans that were designed to default years later, causing a huge rash of foreclosure actions that plagued the United States from coast to coast.

I can tell you with a certainty (after having lectured to hundred of various county clerks) that a lot of clerks (recorders, registers of deeds, etc.) these days still don’t understand what MERS is and what kind of issues became predominant after MERS-related assignments are recorded.  I have been asked from time to time whether we should sue county clerks and recorders and my answer is “NO” (not just NO but HELL NO)!  These folks are generally elected officials that have a bond.  These folks unknowingly became victimized by the “MERS process” as much as the collective body politic affected by borrowing that was intended to be obtained from the secondary mortgage markets.

In The C&E on Steroids! Attorney Al West and I bring forward the reality of challenging documents through declaratory relief, especially the documents created from 2004 through today.

Yes!  These entities are still “manufacturing” bogus documents and causing them to be recorded in the land records all over the country!

And what’s even more astounding … MERS and its parent have absolutely NO IDEA that the MERS name was being used in these assignments!

The culprits … 

Mortgage loan servicers, third-party document mills and title processing services are the guilty parties!

Secondary to these groups of land record predators are the foreclosure mill law firms prosecuting the foreclosures themselves!

The potential targets … 

All of the above … depending where they’re located.

Again, The C&E on Steroids! describes WHO these targets are … WHAT prompted them to become targets  … WHEN they became targets … WHERE they got involved as targets and WHY they are targets  … and more importantly, HOW the “system” played us in letting them become targets!

Wouldn’t it be nice to know WHO your enemy is BEFORE engaging them in a legal battle? 

This is why is becomes important to understand the principal of declaratory relief.  It allows us to obtain discovery to get at the “root” of the problem.

Most homeowners don’t get that.  They think, “Okay, I’m going to get pissed off and sue everybody!”  They let their emotions get out of whack, failing to recognize the tools available to isolate and attack individual targets to further corrupt a chain of title to the point where a county court HAS TO quiet title title in order to comply with marketability statutes!

California attorney Tim McCandless was recently quoted as saying:

” … the more recent strategy of attacking the assignment of mortgage and seeking nullification of that instrument has met with some success and it should succeed, because you are attacking the facial and substantive validity of that specific instrument and not the entire mortgage or deed of trust. That strategy merely attacks the technical requirements for creation and recording of an an instrument affecting title to real property and attacking the substantive validity of the assignment by revealing that the debt was not transferred to the assignee by a party who owned the debt.”

The success in doing a C&E would seemingly “cut the legs out from under” the perpetrator of any future alleged foreclosure, right?  It would stand to reason that without an assignment being present in the chain of title, the mortgage loan servicer and its counterparts that were probably the culprits behind the very assignment they’re relying on as a tool in their foreclosure arsenal would be affected directly by the “lack of gunpowder” in their magic bullet.  The only thing they’re attorney will say is, “These people just want a free house, your Honor!” because they don’t have anything else they can say that will evoke the emotion of the Court to screw the homeowner one more time!

The beauty of this process is that it can be used at any time prior to foreclosure without bringing the mortgage loan servicer itself into the fray.  And it can be used in both deed of trust and mortgage states!  All 50 states have statutory mechanisms for declaratory relief.  All 50 states have rights to attack phony documents!

Further, there is case law out there that has taught us much in the way of educational value!  That case law is described in The C&E on Steroids! 

In fact, the case law Al West and I discuss in this book and the related course materials SHOW YOU validity past what attorney McCandless previously described!

And it all revolves around a simple and concise declaratory relief action. Yet, homeowners will continue to go out and make a “mountain out of a molehill” (go overboard in citing every cause of action under the sun, thinking they’re entitled to damages), when a simple action designed to knock these bogus assignments out of the land record create a precedent of bad behavior on the part of those who would undertake the illegalities of trying to steal your homes!  This is not a pipe dream process.  This process has been used countless times and has been successful because of the patience and effort put into drafting the proper complaint against the proper parties, isolating them in such a way as to keep the matter in county court!

Federal courts will generally NOT hear these types of cases.  Suing the wrong party in a C&E will get your case removed to federal court, where the judge is likely to dismiss it, because federal law has already declared declaratory rulings to be discretionary.  In state court, judges do not have that option.  They HAVE TO hear that complaint.  This is why Al West and I decided to get to the bottom of the root causes for doing a cancellation and expungement action and extrapolate the material into something useful for the average American consumer and put it into an 8-DVD/book weekend training kit. America has to know there is a remedy out there that can be used to attack phony documents!

If you don’t know your rights, you don’t have any!

UPDATE!:  While I was having a conversation with an aggrieved party, the thought crossed my mind as to the type of attorney that would be GREAT to utilize for the C&E when the opposing law firm is your target … 

Who can you think of that isn’t intimidated by prosecuting attorney misconduct and malpractice? 

Legal Malpractice Attorneys (they prosecute malpractice for a living!) … add that to your arsenal (just Google them … they’re out there)! 

I found at least a dozen in the Dallas-Fort Worth area alone! 

If your own attorney screws you in the process, it may be that your defense attorney is “working for the bank/servicer” under a silent agreement to feed you to the wolves.  Why not prosecute BOTH ends of malpractice if you’re going to attack one for failing to defend your case adequately.  

Just a thought.

 

2 Comments

Filed under OP-ED, Securitization Issues

THE C&E, ASSIGNMENTS … AND YOUR RIGHT TO CHALLENGE THEM (PART 1) …

(OP-ED) — The author of this post is a consultant to attorneys on quiet title and cancellation and expungement actions and thus, not an attorney who can give legal advice.  This overview, with its suggestive commentary, is for your educational entertainment only. 

Scenario … “The Set-Up”

You want to buy a home.  You don’t have much money, but credit is plentiful, as long as you can “fog up a mirror”.  You’re the “party of the first part” because you’re willing to take a gamble that if you can get a loan, you’ll be able to pay it back, with interest.

However, you’re not “Party A” (the party of the second part).  Party A” is a corresponding lender. That means it’s highly likely your loan is going to be securitized, which means it’s going to be put into the MERS® System, which is now owned by the same company that owns the New York Stock Exchange.

But of course, you’re ignorant of all of the shenanigans going on behind the scenes because you just want the keys to the house.

Meet “Party B” … not Cardi B; Cardi B has lots of money and she can probably pay cash for a house).

Party B is more than likely the sponsor-seller (the interim funding lender in the deal).  Party B figured out how to make a puttload of money doing securitization, so Party B hooked up with some attorneys who all engaged in “pure intellectual masturbation” together to create a “sales pitch”, known to investors as a 424(b)(5) Prospectus.  This document was drafted and signed under penalty of perjury under the Sarbanes-Oxley Act.  But that wouldn’t really matter to you, because you just wanted the keys to the house, right?

Meet “Party C” … the Depositor.  This entity is never a “member”, “user” or “subscriber” of the MERS® System; however, the Depositor plays an important role in securitization because it has to accumulate all of the documents (mortgages and notes funded by the REMIC) together by the specified “Cut-Off Date”, which is shown in the Prospectus (the sales pitch), which has to be done by a date certain (not 5 or 7 years down the road) or else the transfer of the loan into the REMIC would be void.  Party C is one of those parties that is a necessary party to securitization, so without it being named in the chain of transfers from Party A to Party B to Party C to “Party D” (the Trustee for the REMIC trust), as specified in the Prospectus, by the specified date, then it creates all sorts of legal challenges down the road, for both borrowers and investors alike.

To make even more money on the deal, Party B goes out and makes applications all over town for default insurance, while placing side bets (credit default swaps) on the performance of the certificates issued to the investors who have no idea what’s coming.

Now that all the side bets are in place and the loans have all been funded, the loan you got through Party A (the corresponding lender who only put up 5% of the deal) just closed and Party A got reimbursed by Party B, who actually funded the loan!

Later you find out the truth … but wait … if Party B was actually footing the bill with investor money it got through securitization, shouldn’t Party B be named the lender on the mortgage or deed of trust?  You’d think so.  But nope!  That puts Party B too close to the action on the assignment that’s supposed to be recorded in the land records where your house is … but somehow … Party B and its corresponding lenders are having too much fun giving loans to people they knew couldn’t repay them … so they forget about recording the required assignments altogether.

Ha! Ha! Ha!  Not!

The sponsor-seller knows what’s coming, because it’s holding all the Aces and it knows that over time … the house of cards will fall because all the loans in the pool are set to “reset” themselves within a certain period of time, causing the entire REMICs value to collapse.  I call it “Day 91”.  That’s the day the sponsor-seller gets to cash in on all of the insurance policies and credit default swaps.  The sponsor-seller can take a $500,000 loan and make $7.5-million off of the deal!

And here you are, swimming in debt, trying to figure out how to pay that mortgage that just reset itself through that adjustable rate BS you obligated yourself for.  But there’s more month at the end of the money.  You stop paying.  Party B is counting on it!  Party B set the whole thing up (using the MERS® System) to obfuscate the chain of title so it can create assignments of mortgage and deeds of trust to record in the land records vis a vis the mortgage loan servicer, who is tasked with taking your payment every month.

At least that’s what the mortgage loan servicer wants you to think when it sends you the default notice!  But alas … another lie.

The mortgage loan servicer is required to pay your principal and interest payments on your mortgage loan to the investors whether you pay them or not!   It’s called an “Advance”.  That too, is in the Prospectus … (not in the PSA)!   Simply put … are you really in default when the alleged REMIC moves to foreclose on you?   If someone is paying the investors every month, then how can they claim you’re in default.  Because they have a contract with you?   The originating lender (Party A) was paid off at closing by Party B (who used investor money to fund the loan) … this is what we call “table-funded lending”.

I’m trying to tell a story here, because this is the part where the rubber meets the road! 

Until you default (when the servicer declares you aren’t making your payments anymore) … you’ll never see an assignment recorded in the land records (99% of the time).  You have no contract with the servicer (Party E, for Empty Pockets).  Servicers have been known to “rob Peter’s account to pay Paul’s account” all the time, like Ocwen, which is why servicers are sloppy with handling money and shitty record-keeping.  But the servicer has another angle … it uses its employees to create assignments of mortgage and deeds of trust using MERS to cover up the missing links in the chain of title and conveys the title from Party A to Party D, without any recollection or mention of Parties B or C!   So who is it really coming into court to foreclose?

If you said Party E, you’re right!   These days, servicers are being even more brash, claiming they have a power of attorney from Party D (the Trustee for the REMIC) to foreclose on behalf of Certificateholders of some REMIC “series number”, claiming the certificate holders have been “harmed”, when in fact, the servicer is just trying to reimburse itself for all the defaulted payments it kept making on your behalf.   Now it’s using phony documentation to claim the note and mortgage were transferred to Party D, many years later.  The REMICs only stay open a year, so none of that makes any sense.  So the mortgage loan servicer retains the law firm to foreclose on your house … let the lying, cheating and stealing begin!   All on behalf of Party F (the investors).  I use Party “F” because in this scenario, the investors get “F**ked” in the end because the money made by stealing your house using phony assignments created by the mortgage loan servicer and its employees goes into their pockets and not those of the investors.

The attorneys continue the lie by claiming you’re not a third-party beneficiary to the assignment!   

And the judges buy into that crap hook, line and sinker!  It shows their ignorance! 

There are a lot of problems with these foreclosure mill lawyers using that falsehood.  In fact, the very pleadings or responses they file in lawsuits brought by the homeowner in deed of trust states to stop the foreclosure, or in the pleadings they put into the court record in mortgage states, contain misstatements in of themselves … and even more so when they have to rely on the recorded documents that the mortgage loan servicers put into the land records, in violation of statutes and penal codes, that contain false and misrepresentative information.

And the borrower and the attorney for the borrower run into court and wave the assignment around, telling the judge it’s a fraudulent document.  The judge of course (after hearing the attorney say you can’t challenge the assignment because you’re not a third-party beneficiary to the assignment) goes along with the bank’s argument … just because it seems to make sense.  However, there is a problem with that scenario.

Check back for PART 2 … where we discuss the bank’s flawed argument … and what homeowners are countering that flawed argument with!

HINT: Are the investors really third-party beneficiaries?  (think about it seriously, really).

Why should that affect you?

Look at your assignment!

6 Comments

Filed under OP-ED