Tag Archives: Clouded Titles

2020 FORECLOSURES BACK IN FULL SWING!

(BREAKING NEWS, OP-ED) — The author of this post carefully posits this article for your educational benefit and any information shared here should not be construed to be legal advice. 

Anyone familiar with this online blog is probably fully well aware that the content shared on this site has a lot of legal undertones, so much so, that many people are apt to misinterpret what’s being said in reality, replacing their thought processes with directives shared as “suggestions” on this site (hence the need for the disclaimer).

The state bar associations are starting to find themselves in a real dilemma.  Three states (Washington, Utah and Arizona) have already initiated non-lawyer “paraprofessional” objectives to allow more folks to have access to the justice system.  This comes at a time when eviction moratoriums have pretty much been lifted and the “man behind the curtain” jumps out and reveals himself  in the form of service of process.

This author is getting closer to deciding a date for when another Foreclosure Defense 101 class should be held.  Of course, with no one willing to fly anywhere, this will probably be held online in webinar format, where you get to ask questions via the chat box.

The thing about foreclosures … statistically, 97% or better of those receiving service of process (notice from the bank via physical delivery via a knock on the door, certified mail, notice of publication, door hanger, etc.) will ultimately decide to pack their belongings and bug out, if what happened after the 2008 financial collapse is any indication.  Maybe we have more liquidity than we did before, maybe we don’t.  If we don’t have the resources to fight, it’s because we’re fighting the urge to resist identifying where those resources are.  The author describes those resources more fully in his book Clouded Titles.

If there was a way you could fight a foreclosure and stay in your home for over two years, would the information in a webinar workshop be worth it to you to have in your arsenal of legal tools?

Then … prepare yourself for the fight (not of your life) that generally sickens most people.  Prepare yourself mentally NOT to do stupid stuff (like give in so quickly).

The legal system has provided us with so many stall tactics (NO! Bankruptcy is NOT one of them!) it’s a wonder more people haven’t stopped to “catch on”.  They just want off the merry-go-round because that’s pretty much what you’ll feel like you’re on when you engage in fighting the foreclosure; however, the merry-go-round is not spinning at 3 miles an hour … it’s spinning at more like 60 miles an hour!  The closer you get to your court date, the faster the merry-go-round speeds up.

If you’ve ever been to a “rocket docket”, like this author has multiple times … it’s a scary thought … watching a judge clear a courtroom of homeowners being foreclosed on in 3 hours or less (just in time for lunch), with their actual case hearings lasting two minutes or less.  It’s amazing how many homeowners complain that they have no access to “justice” when in fact, the legal system has never been more “giving”.  The information highway is chuck full of data if you know where to look.

Planning Your Strategy … in 5 steps! 

#1:

Remember the Harry Potter movie where Hagrid (while strolling down Diagon Alley) tells Harry, “If you know where to go …”?   Half your battle is in research.  If you don’t check your chain of title, you’ll end up choking your chicken in frustration.  (The author doesn’t mince words here.)  This is THE MOST important point in the entire schematic of foreclosure defense, especially when it comes to playing the delay game and playing it well.  If you don’t understand the chain of title, the author’s website offers a COTA Workshop that you can get via download in (4) 4-hour sessions and listen, watch and study what’s necessary to get through from Point A to Point B.

Once you’ve looked at your chain of title, the next fundamental issue in your quest to research details is getting at the truth.  The “truth” the way banks see things and the way YOU should see things all has to do with perception of what the documents in your chain of title say.  The chain of title is like an electric schematic, which tells you HOW things are connected in the series of conveyances, claims of lien and security instruments, which are designed as the hinge pin in claiming ownership of your collateral (your home).  Once you understand how all of this is postured, it makes things a lot clearer in your understanding of HOW to proceed.

#2:

Get copies of every document in the chain of title and examine each one that is relevant to your current situation, especially the assignments (of mortgage or deed of trust).  These little minuscule pages are where the devil is in the details.  A single-page assignment that contains all sorts of false and misrepresentative statements can be the bank’s undoing, at least in the short term.  Filing a quiet title action is NOT what you’re going to pursue in your research.  You’re not ready for that yet.

History has taught us that anyone running into court trying to quiet their title when it’s littered with all sorts of bullshit assignments is not only a big waste of your time and the court’s time, your foreclosure mill attorney will immediately pick up on your strategy and counterpunch you with motions to dismiss.  Quiet title works when there’s nothing left in the chain of title other than a lingering deed of trust or mortgage that’s not connected to anyone and the originating lender is defunct and can’t be found.  The idea here is to attack the assignments head on through a C & E action.  C & E is an acronym for Cancellation and Expungement action, which means you’re filing a declaratory relief action wherein you’re asking the court to examine a document for false statements and to cancel the document and order the clerk or recorder to remove the document completely from the land records in your county so the document has no legal force and effect against your property any longer.   This is what Al West and I developed into a workshop called The C & E on Steroids!, also available in DVD video/book combo form!  There’s nearly 14 hours of really good educational information packed into this kit.  This is the ammo one would use to fight those pesky assignments.  Here’s an idea! Once you’ve done it, make your investment back by helping others achieve success in this realm.

#3:

Knowing where to find the petitions and responsive pleadings is your next research step. There are websites that are devoted to supplying this kind of information if you don’t have time to wait for a pleadings and procedures book for your specific state. You can find these types of books in law libraries and they aren’t voluminous and most of them are self-explanatory.  It’s easy to simply make copies from the book on the pleadings you need (or buy the book online from a legal bookstore).  This author has spend hundreds of hours in the law library “chasing cases” because foreclosure mill attorneys are famous for throwing them around in their pleadings in an attempt to make their point tot the court about how they’re right and you’re wrong.  Many times however, these attorneys throw cases in there that are NOT applicable at all to the scenario you’re dealing with and you have every opportunity to thwart their moves (like one big, giant chess match).

Foreclosure mill lawyers have their own set of schematics too.  They know them well, like a flow chart of procedures.  This is what they get paid for … to execute on that flow chart every time they get a case.  They eat, breathe and shit this stuff on a daily basis and thus, THAT mindset is what you’re up against when you face these shysters in court.  You have the right to be treated as an equal by the court if you can’t afford representation, which means if the attorney says you want a “free house”, you get to stand up, object on the grounds that, “My worthy opponent is at his best when not inhibited by the facts, your Honor!”  In other words, you just matched wits with this lawyer by eloquently calling him a goddamned liar!

This is where research will help you become equally prepared to challenge his or her legal acumen because they will use every dirty trick in the book (like they’ve used on other unsuspecting victims of foreclosure). Facing off in court is not for the faint of heart either … and neither is being unprepared for the battle for the judge’s mind.

#4:

Framing your arguments is probably the biggest mess that a homeowner (or their attorney) can create, especially when it comes to beer belly budgets.  Most attorneys went to law school and learned what California attorney Al West calls, the “shotgun approach”.  This means (in short) … sue as many people as you can for everything under the sun and see what sticks.  Unfortunately, what most pissed-off homeowners don’t realize is that naming multiple defendants costs money: (a.) in developing the case against each defendant and the allegations against them; (b.) in the time it takes to complete the pleadings preparation; (c.) in filing and servicing costs ($300-$400 in filing fees and $60.00 per defendant served); (d.) in responsive pleadings to each defendant (after they file their answer to your complaint); and (e.) case management.  Each defendant will cost an average of $3,000 in legal fees, not counting discovery (via a deposition) which adds another $3,000 in approximate costs for each defendant deposed.  To make the math more simple, let’s say you have an attorney that wants to sue 5 defendants and wants advance testimony from each of them. Without even batting an eye, you’re up to roughly $30,700 and the judge hasn’t even reviewed your case yet.  Until you start evaluating your arguments, you have no idea what a lawsuit (or counterclaim) against a foreclosure is going to cost you.

While an answer to a judicial action can be a simple process, compulsory counterclaims aren’t.  If you’re trying to buy time, filing an answer in a judicial proceeding will buy you an average of 60 days, or until a court date is set and you get notice of it.

And all of the arguments in the world won’t help if you can’t keep track of timelines.  One of the biggest mistakes pro se litigants make is not keeping an eye on the court docket once a foreclosure proceeding has been commenced and the battle begins.  Not keeping track of the timelines and what the Rules of Civil Procedure mandates you must do in order to stay in the game successfully can kill a case with one missed filing or one missed hearing.  The other side will use their arsenal of tricks to up-end your best laid plans, especially when it comes to beating you on civil procedure.

#5:

With judicial process, you at least get your day in court, yet most homeowners don’t take advantage of that because they’re too busy running scared. Now imagine being in the middle of a perceived pandemic and facing a banking tyrant and its attorney head-on when all you can think about is how to avoid a potential brush with death.

With a non-judicial process, locking horns with the lender in court is the only way you’re going to stop this kind of foreclosure because the lender has resorted to advertising and selling your property on the courthouse steps instead and if you’re like the author, you’d want your day in court and the only way to get it is to file a lawsuit against the servicer and any parties coming against you that have made themselves “relevant” parties.

One would at least want to find at least one defendant in-state.  This is how diversity jurisdiction is defeated because lenders will quickly remove cases to federal court because the amount in controversy exceeds $75,000 and the plaintiff lives in one state, while the defendant lives in another state.  In-state defendants could include: (a.) document manufacturing plant employees; (b.) local law firms bringing the foreclosure action; and (c.) lenders whose headquarters are domiciled in whatever state you are filing the action in.  This won’t work if the bank is just a branch of a main bank headquartered outside of your state.  Most people don’t sue the trustee, unless the trustee (named within the deed of trust or substituted into it using a Substitution of Trustee document that follows a bogus assignment).  Then … it’s open season on the trustee.  Attorneys will give you a lot of push back on this because they don’t like suing within their own profession nor do they especially like suing trustees.  The trustee  is supposed to be a neutral party; however, when they do something totally egregious, there is established case law in most states that can wield an axe in the form of liability.

Again, the biggest issue is picking a fight with the wrong party.  Generally, rampant emotions cause bad decision making and that is another fine line item that gets homeowners in trouble.  If you’re going to litigate, let logic replace emotion.  You’ll need logic along for the ride.  There’s plenty of time for celebration later when you’ve effectuated your “Plan B” all the while holding the lender at bay.

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A QUESTION OF LIABILITY?

(BREAKING NEWS, OP-ED) — The author posits the following for your educational consideration in light of the current uptick in foreclosures and this article should not be regarded as legal advice. 

Here’s a brief scenario for homeowners to ponder … 

It’s 2009.  A Tampa homeowner was among thousands served by a process server with a Summons and Complaint to Foreclose because of an alleged default on their mortgage.

Like most homeowners at the time, when served, they freaked out.  They freaked out, so much so, that 97% of them decided to pack up their belongings and move away.

Like most homeowners at the time, before the foreclosure even took place, more than likely, they couldn’t afford to pay their hazard insurance, which is mandatory under their mortgages and deeds of trust.  That’s usually the first thing that gets defaulted on BEFORE the mortgage payments go into arrears.  The next thing that goes into default is the property taxes, despite the fact most mortgage loans are escrowed.  But what if they’re not?

So the Tampa homeowner gives up in despair, with no hazard insurance in place and moves out, leaving the swimming pool uncovered and the backyard fence unlocked.

A couple moves in next door and as they’re moving load after load into their “new home”, they notice their 2-year-old toddler has wandered off.  Where do you think they found him?

Floating face down in the neighbor’s pool … unable to  be revived by paramedics.   Nice first day in their new home, huh?

THIS REALLY HAPPENED IN TAMPA, FLORIDA

The couple discovered that the bank was foreclosing on the property and sued the bank for negligence.  The bank balked, saying that the title to the home was not in the bank’s name but in the name of the homeowner because the foreclosure was not completed and the bank wasn’t in possession of the home.

So who’s liable?    The Tampa homeowner?

For further clarification, check out this newly-released, 10-page case: Apex Mtg Corp v Great Northern Ins Co et al, 7th App Cir No 19-2525 (Aug 24, 2020)

This will help you understand how banks think. This will also help any homeowner under fire in a foreclosure setting to understand what unintended consequences are.

Even if your name is still on title, there can be unintended consequences if anything happens on your property AFTER you vacate it.

Next, look at Page 5 in the case and see how the 7th U.S. Circuit Court of Appeals viewed “actual possession” and “default” as to their stated terminology.

Here again, we look at the definitions in play as the means for who’s liable and who’s not.

Who’s in possession? 

The entire schematic in this case falls upon the party in control of the contract (mortgage or deed of trust).  This is why this case is very self-explanatory, no matter how many times you read it.  It contains some great nuggets that may help in keeping homeowners in foreclosure trouble out of hot water.   While the author of this post submits that the responsible thing for any vacating homeowner is to “secure” everything on their property to prevent such dangers, what sense does it make putting all that extra money into a place you’re going to end up moving out of?

As long as you are in possession, this author suggests you examine the chain of title for flaws and suspicious assignments because those assignments will generally be filed just prior to the alleged lender attempting foreclosure commences the process against you. Fighting those suspect documents is clearly a way to stay in your home for up to two years, which is why this author has materials available on the Clouded Titles website. No pressure.

If you have lots of equity in your home, the banks want the house and they’ll fight you for it, which is why this author likes the idea of selling and downsizing while the benefits of recovering any equity are within reach.  This gives you more options.  The author only suggests fighting if the bank is moving too quickly and you need time to market and sell your home … or stay in it until you’ve formulated a PLAN B.  Staying in the home and fighting the bank for years on end only adds to the stress on your body’s immune system, which by now, you’ve probably figured factors right into why your chances for getting COVID-19 might be higher due to a weakened immune system.

Having a weak immune system makes you more “liable” to succumb to more than just the common cod.  This author knows because he’s seen it first hand.

Stay the course.  Fight if you have to.  Always have a PLAN B … and don’t be afraid to do your due diligence to avoid unintended consequences.

 

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WELLS FARGO HIT WITH PROPOSED CLASS ACTION IN FLORIDA … UPDATE!

(BREAKING NEWS – OP-ED) — The information provided here is just coming in off the wires (Law360.com hat tip).  This information is provided for educational purposes only and does not constitute the rendering of legal advice. 

UPDATE … Here are the federal complaints and exhibits (hat tip to Dr. Klaus)!:

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Wells Fargo Bank NA has done it again!  A Florida couple has filed a proposed class action lawsuit against the lender, claiming (on behalf of all other interested parties) that the bank altered their second mortgage loan, thus screwing up their chain of title, accusing the bank of impairing their property’s vendibility. Philip and Ingrid Tippett filed the action yesterday in the Middle District of Florida (Case No. 5:20-cv-00342) through their law firm of Kozyak Tropin.  The first judge assigned to the case (Moody) filed an Order of Recusal in the matter and the case was reassigned to Hon. Brian J. Davis, an Obama appointee in the Jacksonville Division.

The complaint alleges that Wells Fargo Bank issued thousands of second mortgage loans (HELOCs) and after discovering that it had made a critical error in failing to set the second mortgages to terminate after the final maturity date, the bank went in and fraudulently altered the maturity dates on the loans without informing its customers in order to avoid having all those loans left unsecured because of the errors committed in the original loans.  This author can only imagine what Wells Fargo is going to file as a response and how it’s going to answer discovery.

Here’s the thing … the customers signed a second mortgage loan contract with Wells Fargo Bank NA and could have ended up with an unsecured loan because of the screw-up made (not by the borrowers) by the bank.  The bigger issue is … if it’s found that Wells actually altered the documents AFTER they were signed, a judge could decide to void all of the loans, as the customers agreed to one thing and Wells Fargo went in and allegedly altered the documents to say quite another thing.

We’re talking thousands of second mortgage (HELOC, Home Equity Line of Credit) loans here!   Mind you, the ink is still fresh on this filing and Wells Fargo has not answered the complaint yet.

It should be noted here that altering public documents and/or recording false and misrepresentative statements into the public record in Florida is punishable as a third-degree felony in Florida under Florida Criminal Code § 817.535.  Please contact the author of this post at cloudedtitles@gmail.com if upon checking your second mortgage HELOC loan (doesn’t matter which State you are in) you have discovered alterations in your second mortgage recorded documents from what you were given at closing.  The author would be interested in examining your documents and you could possibly be considered as a part of the class action if you fit into the parameters of the class. Since we now have the complaint with the exhibits, the author suggests using the exhibits as a comparison as to what you might see in your own documents.

This mega-bank just can’t seem to keep itself on the straight and narrow despite the rash of allegations brought against it by whistleblowers, accusing the bank of ordering its customer service agents to open fraudulent checking and savings accounts, which opened up a whole Pandora’s Box of issues that ended up being aired in front of Congressional committees. The author wonders about whose “heads are going to roll” for this mess, who’s going to take the real responsibility for ordering the alterations, who’s going to get criminally prosecuted for altering land records and how the bank is going to explain this boner to its stockholders.

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TEXAS GOVERNOR UNDER FIRE FOR CLOSING NIGHT CLUBS … AND OTHER STUFF, INCLUDING FORECLOSURE NEWS!

(BREAKING NEWS – OP-ED) — I’m including the latest breaking news, including foreclosure-related cases, for your review and rumination. 

News from the Lone Star State …

And the misinformation and disinformation continues, despite Texas’s Lt. Governor Dan Patrick telling Dr. Anthony “Flip-Flop” Fauci to shove it on FOX News.  See the video interview with Laura Ingraham HERE!   After seeing the number of patents Fauci has and will benefit from, you can certainly see my disdain in giving him a nickname, since he seems to be the “giant zit” on the rectum of all of the fecal disinformation that got everyone at each other’s throats (someone hand me another piece of ass-wipe … I seem to be out … everyone’s beat me to the supplies again).

The Texas Bar and Night Club Alliance filed a class action lawsuit, the second suit filed this week against Texas Governor Greg Abbott, for taking discriminatory actions against night clubs, claiming they’re hot spots for COVID-19.  The suit asks for $10,000,000 in damages and states that Abbott should have given the bars more than 24 hours notice before ordering them shut down, which was not the case this time and the lawsuit maintains that Abbott is abusing his emergency powers “without proper legal notice.”   The bar industry in Texas alone employs over 800,000 workers.  Florida’s clubs have also been shuttered unless they serve food more than 50% of the time.  In both states, salons and spas have been allowed to reopen, where bar owners claim the social distancing rules go right out the window because the salon stylists are touching the hair, scalp and face of the clients, regardless of whether they’re wearing a mask or not.

News from the Pot-Smoking, Open Carry, Gun-Toting State … 

Meanwhile, in Colorado, one restaurant owner defied her state’s lockdown orders, keeping her restaurant (which serves alcohol) open and fully running.  Lauren and Jayson Boebert kept Shooter’s Grill open despite a sheriff’s cease and desist order.  This isn’t an ordinary bar and restaurant either. It’s located in Rifle, Colorado:  CLICK HERE TO GET YOUR MIND BLOWN! 

The significant thing about the owner, Lauren Boebert (a Florida native), is that she just defeated a five-time GOP U.S. Congressman (incumbent) in the 3rd U.S. Congressional Primary in Colorado … CLICK HERE FOR THE VIDEO!  The 33-year-old restauranteur and mother of 4 faces off against Democratic challenger Diane Mitsch Bush in the November general election.  It never ceases to amaze me how the mindset of America is changing more in favor of not only protectionist as to a country, but protectionist as to its people.  Well … if you don’t know your rights, you don’t have any.

Just in case you missed it … 

For those who missed Friday night’s broadcast with Dr. Judy Mikovits on City Spotlight – Special Edition … you can listen to the broadcasts (both of them) under the Show Archives (under the FES Banner) for FREE, on the CloudedTitles.com website! You can’t make for a great argument against Flip-Flop Fauci without knowing the science!

In other related QAnon-type news … 

On yet even another note … this is a 45-minute video you might want to partake in if you have a bit more time: WATCH HERE! (It’s still on YouTube! WOW! … I got this video from one of my old school chums who’s an attorney in California!).  

Meanwhile, have you noticed that Bill Gates has been quiet of late and they just arrested Jeffrey Epstein (who didn’t hang himself)’s sidekick, Ghislane Maxwell?  Are we draining the swamp or what?  1, 2, 3, 4, 5 … senses working overtime!  (thought you might like to take a break from the “heavy” in favor of some happy music)

In foreclosure-related news … you’re going to love this case! 

In this instance, the alleged REMIC trust, which is nothing more than a glorified administrator for a cesspool of defaulted loans (and not really a REMIC), got its butt kicked in the Maine Supreme Judicial Court.  Read the case here: Wilmington Trust NA v Berry, 2020 ME 95 (July 2, 2020)

This is why you have to be sharp forensically, especially when it comes to the Rules of Evidence.

Let’s move up to the federal level, with another FDCPA “published” win for the homeowners! 

In this case, the Consumer Financial Protection Bureau even got involved, submitting an amicus brief in a state whose courts just hate whiny homeowners.  Read the case here: Bender v Elmore & Throop, PC, 4th App Cir No 19-1325 (July 2, 2020)

And this is why we have Courts of Appeals … because U.S. District Court judges always seem to be pro-bank, pro-debt collection agency, pro-whatever as long as they get to play God for 15 minutes. Patience is more than a virtue, especially when it comes to an FDCPA claim.

And when both the lower court and court of appeals seem to play “pin the tail on the donkey” with your rear end, there’s always hope in the Supremes! 

And for yet another whammy involving Rules of Evidence, the hearsay rule and why it’s sometimes necessary to take the matter all the way up to a state Supreme Court, check out this case: Jackson et al v HFC III et al, Sup Ct Fla No SC18-357 (July 2, 2020)

And in my final stab at First Amendment freedoms … see the latest case where a high school went after a cheerleader-reject after she wrote “Fuck Cheer” on a Snapchat post … (hint, hint … the cheerleader won … go team!).  The amazing thing is this case was precedent setting …

B.L., a minor vs. Mahanoy Area School Dist, 3rd App Circuit No 19-1842 (June 30, 2020)_Precedential

But for all the headaches and legal expenses incurred by mommy and daddy, I would think it’s better to control one’s emotions, especially on social media, unless you’ve got a big bank account and a serious axe to grind.

So much for a bit of light reading, eh?

Happy 4th.  Stay safe.

Celebrate your freedom … while you still can!

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AMERICAN FORECLOSURES … DIVIDED WE FALL

(OP-ED) — The author of this post puts forward this information for the purposes of education and enlightenment and not for the purposes of rendering legal advice. 

THE MORATORIUMS ARE GOING AWAY SOON

If you’re a homeowner who has been affected by the coronavirus to the point of losing a paycheck and not being able to make your mortgage payments, you’ve probably been living off your credit cards during this “lockdown”.  The anticipation that you’re going to start hearing from your mortgage loan servicers (if you haven’t already) is growing to the point of panic and anxiety knowing that you’ve been given a reprieve for so long but that point in time is coming to an end and you’re going to have to face the music.

I for one do not believe that the 2-month lockdown warrants the same type of foreclosure activity that took place between 2009-2014 as a result of the 2008 financial crisis, despite the fact that the nation’s economy has suffered a serious upset by the pandemic.  The difference between what happened in March and what happened in 2008 was that the secondary markets were quietly imploding and didn’t hit us until the actual collapse of Bear-Stearns and Lehman Brothers started a tidal wave of Chapter 11 filings in the subprime lending markets.  We saw this one developing and began to prepare (for some, like me, you saw it coming in February and started accumulating whatever cash and supplies you needed), which included but was not limited to, hoarding toilet paper and hand sanitizer.  The fact the pandemic was hidden from most Americans for better than two weeks only shortened our preparation time.

Many Americans ignored the warnings of the viral component’s ability to spread … hence, Spring Break.  This was only one of the catalysts.  Two separate cruise ships on both coasts (San Francisco and Miami) were already affecting dozens of passengers, one of which I knew from a non-profit organization that she and I were both a part of.  She was dead upon arrival into the Port of Miami.  When it’s someone you know, it hits home rather quickly, sometimes too close to home.  But at least we knew the ships (full of sick and dying) were headed straight at us.  We at least had time to prepare and mobilize our resources.  This isn’t something that was intended to cripple our morality.  The virus seemed intentionally let loose to cripple our economy and thus, our modes of survival.

POLITICS ASIDE?  NOT!

This entire crisis has been manipulated by the medical community, including but not limited to, the National Institutes of Health (NIH), the Centers for Disease Control (CDC) and Dr. Anthony Fauci, the President’s adviser.  Be mindful of the fact that Dr. Fauci (who I equate to Dr. Josef Mengele of Nazi fame) has served previous administrations, both Republican and Democrat (before you start raring up your emotions at little old Libertarian me for daring to question what’s really going on here).

Both the Republican and Democrats have taken advantage of this crisis.  Both sides of the aisle debated and passed legislation to benefit their own constituents.  Both sides of the aisle debated and passed legislation to benefit Wall Street.  Both sides of the aisle debated and passed legislation that gave most of us (but not all) some sort of stipend (dole) as a means of attempting to support those who the government considers “law-abiding taxpayers”.  Both sides of the aisle used the pandemic as a means of either gaining political control or upending the other side’s political control.  Don’t you just hate it when that happens?  And over 100,000 people are dead in America just so both sides can point fingers at each other with accusatory tones.  But also remember, Fauci has told this President (as well as past Presidents) what might happen with the pandemic and what protocols should be followed, whether the protocols (or the informational data used to formulate those protocols) was accurate or not.

Both sides of the aisle have not come up with a remedy (other than a moratorium on government-backed GSE foreclosures) to stop the tsunami of foreclosures that we could have faced if the moratoriums were not extended by the State’s governors to include all mortgage loans, which included evictions.  Now we’re faced with our own set of politics … a national network of mortgage loan servicers, collectively using “the system” to play out unfortunate scenarios against afflicted Americans who still haven’t formulated a PLAN B as to how they intend on dealing with the aftermath of this “planned economic strike” against America.  Everyone of course is pointing a finger at the Chinese Communist Party (CCP) and blaming that entity for our troubles when in fact, the troubles were seriously exacerbated by our very own government in the way it doled out the money.  Again, the trickle down effect impressed not one taxpayer to the point that they thought someone did them a serious favor.

In other words, how long did that $1,200 check last each person already financially affected by the loss of employment.  When the moratorium gets lifted, those who are still struggling could become the first casualties of the second foreclosure epidemic.  I don’t consider any of this at all funny.  In fact, it’s disgusting that America has allowed itself to become embroiled in public debate over police brutality vis a vis the media, who hates Trump and wants your country to be turned into a socialistic state. The media has become so left-liberal it’s sickening.  You can’t turn on any channel and get the truth because politics has (and is) playing itself out at every turn of events.

DEFUNDING POLICE DEPARTMENTS?  DOES YOUR PERSONAL SAFETY MATTER?

Both George Floyd and Rayshard Brooks had much in common.  Both were black.  Both were convicted felons.  Both served time in prison.  Both were in the wrong place at the wrong time.  Both allegedly were involved in the commission of a crime (Floyd for passing a counterfeit $20 and Brooks for being intoxicated at the wheel of a running motor vehicle) for which they were placed under arrest.  Both died at the hands of police officers who were white.  Both were exemplified as poster children by the left and the media.  Both gave anarchists impetus to riot and commit destructive acts.

Now that you see the facts, do the cops need sensitivity training or does the public need sensitivity training?  After all, a young, white woman was captured on video burning down the Atlanta Wendy’s restaurant where Brooks was fatally shot during the riots that followed.  While it is relatively easy for white people to all of a sudden think a black person set fire to the restaurant, the video shows otherwise.  The video shows that there are people with no morals living among us that are out to prove a point … that anarchy is acceptable as a means of protest … even if it involves arson, which is a felony.  The other part of the problem, which my wife was quick to point out over coffee this morning, was that folks stood by videoing the act with their cameras so they could post it on social media because everyone is into sensationalism now.  So, does committing a crime for the purposes of sensationalism make it okay?  Why didn’t the people doing the video taping with their cameras stop the woman from burning down the Wendy’s?   Where did our morals go?   And the left want to defund police departments over the acts of bad actors?  I think not.

The U.S. Constitution and the Bill of Rights provide for the general welfare and safety of ALL Americans, not just the Black Lives Matter folks.  The First Amendment to the U.S. Constitution grants ALL of us a certain number of freedoms (self-expression and the right to assemble peaceably).  However, your liberty and freedoms ends where another person’s liberty and freedom begins.  When you violate the Constitution by committing a crime outside of the boundaries of what the Amendments are designed to protect, then the system has measures in place to deal with the offender.  The system did not afford those protections to Floyd and Brooks because of the actions of a few white officers.  Whether they will be granted immunity is anyone’s guess.  According to a friend of mine in Texas (who is a police officer), there are some who you cannot give a gun and a badge to because they’re more dangerous than those they were sworn to protect.

Many police departments are not funded well enough.  As my co-host on City Spotlight – Special Edition (on kdwradio.com), R. J. Malloy stated, “This isn’t Andy of Mayberry.”  There isn’t an issue over the fact Deputy Barney Fife only had one bullet in his gun, other than for his own well-being in not shooting himself in the foot. The issue is what protection Sheriff Andy or Barney Fife could (or would) do in the event the citizens of Mayberry’s personal protections were in jeopardy.  What police departments don’t need is tanks and military style Humvees.  What police departments do need is officers who are equipped with the means to protect and serve those citizens they were hired to protect and serve.  Anything short of that would represent a disservice to their respective communities, sensitivity training or not.

And here I thought the parental saying (from way back when) of, “Two wrongs don’t make a right” still applied to today’s community standards.  When the police can’t respond, or refuse to respond (as what is happening in Atlanta right now), sometimes referred to as the “Blue Flu” (officers calling in sick as a means of protest), then the level of personal protections afforded under the Constitution are eroded.  This gives way to those without moral scruples to commit further acts of violence.  I sometimes believe these people do these heinous things because they have a bone to pick with authority.  I think it would be best that police would be stripped of their qualified immunity from prosecution if they went “past the point of no return” once the person arrested was restrained or incapacitated, armed or not.  In Brooks’ case, the cop was videotaped kicking Brooks after putting two slugs in his back and was quoted as saying, “I got him!”   What’s that’s supposed to mean coming from a white cop with a bald head (skinhead)?

Despite the fact we can all agree that prejudice has no place in a decent, moral society, it still exists and is being driven deeper and deeper into the hearts and minds of those who feel they are being oppressed.  That includes those who feel that they’re being deprived of their Constitutional guarantees to safety and security.  Police officers should be held to a higher standard, especially when it comes to those they swore an oath to protect and serve, despite the color of their skin.  The bigger problem here is that with society melding into multiculturalism, it will soon devolve.  I predict there will be another spate of White Flight as American society continues to devolve.

UPHOLDING RIGHTS INCLUDES THOSE FACING FORECLOSURE

When it comes to foreclosure, we all have to have a game plan.  In 2008, when the financial markets collapsed under the weight of the failing securities debacle, it set the stage for multiple infractions against homeowners.  The biggest divisive scheme was the creation of notes out of thin air (the notes that had been shredded after they were uploaded as originals into the MERS System®).  It is common knowledge, as well as arguendo amongst those in the mortgage world, that the notes, along with their accompanying mortgages and deeds of trust, were shredded because paper proof of a contract was replaced by an electronic system of record keeping.  Many believe the originals were archived, yet there is no finite evidentiary proof of that.  What shows up in courts across the country in foreclosure cases I’ve reviewed are “copies” of original mortgages and deeds of trust that were pulled down off of the MERS System®, as well as the notes that the mortgage loan servicers now claim to be “originals”.

What we are seeing (and I talking about the collective group of investigative analysts looking into this documentation) is copies of notes being manufactured from copies pulled from the MERS System® and doctored up to look like originals.  The banks and their servicers and document manufacturing plants have gotten very good at reproducing notes to look like originals.  This is why certain individuals, knowing their notes might be shredded, filled in the “o’s” with ink on their promissory nOtes. Anyone reproducing a copy of a note trying to make it look like an original would have missed the filling in of the “O” in “nOte” which would be a dead giveaway of document manufacturing.  However, 99.9% of borrowers did NOT do that at the closing table.  The gullible are always the first to fall.  The gullible wanted the keys to the house, no matter what eventual price they would pay later.  The gullible constituted some 97-98% of  those who vacated their homes as soon as they were served with foreclosure documents because they had no Plan B and were never prepared to have to deal with foreclosure.

I was just speaking with an investor this morning who told me that the average homeowner or attorney could keep a foreclosure at bay for at least two years and keep either the homeowner in the home or rental income flowing for two more years.  So how’s that possible?  I discussed that in my video post on the Clouded Titles YouTube Channel.

In the physical realm, you have certain rights to life, liberty and property.  When you enter into a contract with a mortgage lender, you give up some of those rights in exchange for having a lien placed against your property by and through a security instrument, which is either in the form of a mortgage or deed of trust (Security Deed in Georgia; Installment Contract in Montana).  Most people do not realize that the balance of those rights allow you to examine and litigate certain inequities that may exist as the result of the foreclosure; however, most Americans are just too quick to give up and run away, rather than stand and fight. This is what happened after the 2008 financial collapse.  In today’s times however, abandoning your property puts you at higher risk because of the potential of coming into contact with the dreaded “virus” and succumbing to it.  If I told you that you could stay in your home for two more years just by taking a stand against the mortgage loan servicer, wouldn’t you be the least bit interested?

This is why I’m doing an online Foreclosure Defense 101 Workshop at the end of July.  It may be my last “due diligence” effort at attempting to help those afflicted by foreclosure.  I have made numerous attempts in the past to consult with attorneys behind the scenes and at trial, some successfully; however, the number of folks who wish to take what I have to say seriously aren’t listening.  So, you might ask yourself … why is Krieger even bothering to help these people save themselves from financial ruin?

I take the attitude that “might does not necessarily make right” … and just because you’re a well-funded mortgage loan servicer, that does not take away the homeowner’s right to protest against the foreclosure, both in and out of court.  I’m going to use this opportunity to bring attorneys into the mix to discuss Rules of Evidence and Rules of Civil Procedure.  These two areas are where homeowners are easily defeated.  It is in these two areas that homeowners can stay in their homes for 2 years or longer.

Your rights to litigate are not restricted by the contract you signed at the closing table.  You have every right to initiate a suit and defend a suit (depending on which state you live in and depending on which process you’re engaging in … judicial or non-judicial).  By taking simple, inexpensive steps, you can create a Plan B for yourselves by taking the initiative to respond or act.  It is your decision to learn the tactics or not learn the tactics.  My suggestions in this online workshop are based on research, but I’m going to let a couple of legal professionals share some of these strategies with you in the 4-hour block we’re devoting to educating you on foreclosure defense.  We will be recording this session for purchase and playback on the Clouded Titles website; however, the difference between attending the online live event and downloading a recorded event is that you don’t get to ask questions and get answers right away.  You have every opportunity to fight back and the financial risk to you attending this event online is low compared to the information you are given.  I told you in my blog post about the two-year window that attorneys can carve out for you so you can make alternative plans. As part of the webinar, I’m going to share written details with you in PDF format that will help guide you through your educational “learning curve” about how attorneys can drag a foreclosure case on for more than two years!

Again, you are known by the paths you take and the choices you make whether a homeowner or an investor.  Stay tuned for more posts on this.

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