Tag Archives: Clouded Titles

FORECLOSURE DEFENSE WORKSHOP IN LAS VEGAS: THE C&E ON STEROIDS!

(BREAKING NEWS) — Due to the nature of the current situation involving the millions of false and misrepresentative assignments littering all of the land records in America, DK Consultants LLC has ramped up its educational attack on the system of things versus those millions of suspect assignments and other documents!  

Clouded Titles author Dave Krieger and California quiet title attorney Al West have teamed up once again to bring you a workshop so specific in nature to the real culprits in the foreclosure arena, we couldn’t keep this quiet any longer!  We wrote a book about it … it’s THE C&E ON STEROIDS! A Layman’s Guide to Cancellation & Expungement Actions!

We’ve put together a tw0-day workshop that gets into the nuts and bolts of the documents that should send mortgage loan servicers and their employees running for cover!

The Cancellation & Expungement (C & E) action is not widely understood, yet with the right ammo, foreclosure defense attorneys can “up their odds” of winning or settling their cases in knowing the information we’ve collected over time can be massively useful to their game plan … so … after much debate we had to share it with everyone!  There is a BEST TIME, an OKAY TIME and a WORST POSSIBLE TIME to do a C&E; however, the ammo we have makes all three potential outcomes for success achievable!

THERE’S A REASON … 

You’ve heard that there have been multiple actions against the MERS® System and Mortgage Electronic Registration Systems, Inc.’s beneficial and nominee status.  If you want to defeat that in your suspect assignment you need the C & E!  With over 80-million homes affected by these assignments, can you imagine the business model you could engage in marketing your services to attorneys and homeowners as a BUSINESS?   These assignments are going to have to get knocked out and if the U.S. Supreme Court decides that MERS is not a valid beneficiary and isn’t really a nominee on your mortgage or deed of trust … imagine how many pissed off homeowners there are going to be that all want to execute on a legal sniper attack on their chain of title that you already have the ammunition for … do you see a business opportunity here?

What are you waiting for?

The downloadable forms you need to attend are right here: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

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! Seating is limited!

THE FALSE ASSUMPTION

There is a false assumption that has floated about for years about how to deal with these assignments and running into court screaming “FRAUD!” at the judge is NOT the answer.  You will lose your case every time without the necessary precursors and attack plans.  So we’re getting together in Las Vegas to bring you the actual “procedures” used in previously successful cases to show you that if any attorney were to employ this out of the gate … we would be saving you thousands of dollars and years of “delay games”!  Everyone wants a “finite end” to the foreclosure mess.  One thing is for sure … over 80-million land records have bogus assignments in them … all residue from the mortgage crisis … and these suspect assignments aren’t going away by themselves!  They will continue to sit there and rot your chain of title until you challenge them and have them removed.   The false assumption by most Americans is … it doesn’t matter what’s in the land records … as long as I get to stay in my home.  This false assumption is what has hurt America.  And the banks and their scumbag mortgage loan servicers continue to get away with “doing the dirty”.

Why would you want to throw good money away that you could use for Plan B (on useless litigation strategies), when you can employ strategies that will not only “get the message across” to the judge in such a way that it FORCES him to do the right thing versus throwing spaghetti noodles at a wall to see which one sticks?  If homeowners could think like investors … we wouldn’t be in this mess.  But they don’t … and we are.

Take the emotion out of your foreclosure and think STRATEGY!   Think of the most damning thing about your chain of title.  What is it?   The assignment, right?  Or maybe you have multiple assignments that are screwing with any common sense that’s left in the chain of title aside from the lack of marketability of title, right?

THE NUTS AND BOLTS

Al West and I have taken these “nuts and bolts” and put them into a working manual that allows you to:

  1. Determine the best process for attacking the right parties in the right venue;
  2. Determine the timeliness of employing said strategies and manage your case costs more efficiently;
  3. Determine how to send the bank’s attorneys into a panic over discovery pointed straight at them like a Howitzer;
  4. Determine how to formulate an attack plan to take out single or multiple targets at the same time;
  5. Determine the best way to shut down your foreclosure case by bringing in the necessary muscle to put the bank attorney’s head on a chopping block; and
  6. Determine the best way to keep your case in play until you’ve achieved finality … and then take out the law firm that brought you this misery in the first place!

Not only that … we’re going to show you HOW TO create a business model attacking notary bonds and making tens of thousands of dollars a year in extra income doing it!  Imagine how many notaries’ commissions you can knock out … and you’re just one consumer!   Imagine a horde of informed consumers (with this business model) doing it as a way to fund their litigation!  You get to help mankind out while taking out the unscrupulous scumbags that are attesting to these false and misrepresentative assignments while going after the law firms that ordered these phony assignments to be created in the first place!  The question is: How far are you willing to go to achieve these ends?

After much analysis, we’ve figured out a way to put the Cancellation & Expungement Action (C&E) into “hyperdrive” to:

  1. Take out the other side’s attorney and have him up on misconduct charges before his respective state bar disciplinary committee!  (This attack plan works in all 50 states!)
  2. Show you that if the judge in your case won’t “do the right thing” … how Plan B: (a.) puts him on notice; (b.) sets him up to have his bond attacked; (c.) sets the county up (the county the judge gets a paycheck from in “doing the wrong thing” by ignoring your demands to heed the evidence in your case) to become the new target of your litigation; (d.) turns the county’s ignorance and willful disregard of the law into potential criminal prosecution against the key players in charge and (e.) turns your plight into a 3-ring media circus that the county cannot ignore!  (Believe me, the county DOES NOT want that!)
  3. Take both the judge and the banks’ attorneys up to the next level of disciplinary action while shaming them in the media!

When a cop shoots someone, he gets put on administrative leave, right?   Why?  Because the proper authorities have to investigate to determine whether or not the cop committed a crime (homicide, attempted homicide, etc.) or acted in self-defense.  He’s on desk duty until the investigation is over, no matter how long it takes!

When a judge aids and abets felony perjury, his sovereign immunity as a judge can be challenged in a multitude of ways.  Once the county he works for (and gets a paycheck from) discovers his misconduct, the county by all right and reason should put him on administrative leave.  He’s on desk duty until the investigation is over, no matter how long it takes!   And don’t think the rest of the judges in that county aren’t going to sit up and take notice!  They don’t want their bonding companies investigating them!

THE C & E GOES INTO HYPERDRIVE … ON STEROIDS! 

When you leave this workshop … you will have the necessary tools to:

  1. Arm your attorney with the right offensive ammo to go looking for bear;
  2. Prepare adequate pleadings to put forward an original petition to generate a responsive pleading in a non-judicial setting that sets the other side up for attack;
  3. Prepare adequate responses to alternatively counterclaim or affirmatively defend a foreclosure complaint that sets the other side up for attack in a judicial setting;
  4. Use BOTH #2 and #3 to set the trap … and 9 times out of 10, the arrogant bank attorneys will fall for it and put their law licenses in harm’s way;
  5. How to posture discovery to trap the bank’s attorneys in a web of their own making;
  6. How to make use of expert witness testimony to attack false assignments and set the attack plan into motion to get the attorney for the bank in hot water;
  7. How to make use of expert witness testimony to assert negligent misrepresentation on the part of the bank’s lawyer;
  8. Start your own business putting notary’s out of business (and maybe even getting them prosecuted for felony perjury);
  9. How to make proper use of discovery to buy you month’s … even years of delays … because it’s so lethal the bank’s attorneys won’t answer it; and
  10. How to do all of the foregoing while keeping your emotions in check and your cards close to the chest!

Think of how much money you could save by implementing this attack plan!

YOU ARE THE SNIPER!

If you’ve read the 10-part series, “Gutting the Underbelly of the Beast” … we’re going to show you the system of things in hyperdrive … using the C & E as bait to go after the other side’s lawyers and foreclosure trustees!   (Lord knows they all need to be in jail, right?)

And the best part of it … we’ll SHOW you written proof that what we’re teaching in this two-day event is working in the courts RIGHT NOW!

AND … we’ll provide you with the business model and the design plans to attack notary bonds and make money doing it!

The question is … are you willing to commit to fighting the good fight?

Are you willing to do a strategic sniper approach and stop throwing good money after bad?

Then you need to be at this workshop!

The downloadable forms you need to attend are right here: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Book your sleeping room for the event by clicking this link: : http://group.doubletree.com/ForeclosureDefense

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

The ammunition you’re going to gain by attending this workshop is unlike anything we’ve published before; however, what we discussed in brief in The Quiet Title War Manual we’re going to expound upon in this two-day workshop!  Since Al West and I wrote the book … we’ve figured out the game plan and the attack strategies!

You get a copy of The C & E on Steroids! book just for attending!  

(No one else will have this manual but you until months from now! You get a head start!)

This book shows you everything you need to employ the Cancellation & Expungement Action (C&E), including:

1. Sample court filing forms!

2. Sample pleadings used in other cases resulting in a positive outcome!

3. Exhibits used in other cases that worked!

4. Orders issued by courts in C & E actions that have worked!

5. Tactics used to combat the other side’s attempt to get sanctions against you!

6. Use of expert witnesses to expose the other side’s weaknesses!

And since this Workshop is in Las Vegas … here’s Lucky No. 7: Four different attack roadmap strategies for each case!

You get written handouts at the workshop that show you step-by-step assignment analysis (to identify your targets!)

1. Assignment and target analysis!

2. Research components used in case development!

3. How to couple a C&E with a quiet title action!

4. How to determine what legal provisions apply to your case!

5. Steps to take to beat the banks in HOA foreclosure cases! (Great for investors!)

6. Use of the notary to get at the rest of the singular or multiple targets!

You or someone you know needs this information … and seating is limited!  You’ll get hands-on approach training at this workshop! 

The downloadable forms you need to attend are right here: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Book your sleeping room at the hotel by visiting this link: http://group.doubletree.com/ForeclosureDefense

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

Here is the Registration Form to Attend: FDW REGISTRATION FORM_LAS VEGAS_2019

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THE SYSTEM OF THINGS: ANOTHER MINI-VICTORY IN FLORIDA!

(BREAKING NEWS — OP-ED) — This is not legal advice!  The author of this post is bringing you the latest mini-victory courtesy of Florida Criminal Code § 817.535 … and its applicability to defeating the banks’ servicer’s motions!  Read these briefs for your own educational benefit and understand that we are using “the system of things” to move the cases forward! 

(VOLUSIA COUNTY, FLORIDA) — A judge in Volusia County Circuit Court has DENIED the Defendant’s Motion to Strike in a mortgage foreclosure case.

SEE THE COURT’S ORDER HERE: motiontostrike-denied

The arguments posited in this case deal with what I’ve previously discussed on this blog site … statutory violations!

Not every state has the same kind of statutory components as Florida (some do) that offer a civil component that could bolster a homeowner’s claim that the bank and its servicer AND its law firm knew of should have known that what they proffered to the court through their pleadings and exhibits could come back to bite them.

Whether you are an investor who is faced with a legal conundrum  over an acquired property or a homeowner who is facing foreclosure, you should understand that there are statutes, which I explain in detail in the back end of THE QUIET TITLE WAR MANUAL, on a state-by-state basis, that covers statutory violations as well as your common law right to bring an action under consumer protection act statutes or based on a criminal component that could be brought into the mix in the civil realm.   For example, perjury is a felony.  If you are in a civil trial and you commit perjury giving false testimony, the matter now becomes a criminal matter … subject (of course) to the discretion of the court.   If the attorney representing the bank or the servicer lies to the court and misrepresents the truth or relies on false and misrepresentative exhibits as part of their presentation and pleadings, then what do you think the court should do to them?   It happens all the time in court yet homeowners’ attorneys seem to turn a blind eye to it.  Well, not EVERY foreclosure defense attorney turns a blind eye to it, but a lot of them do because (after all) we can’t “rat out the brotherhood now, can we?”

If an attorney for the bank tells the bank’s witness to misrepresent the truth on the stand (or in a deposition) and it is discovered through an evidentiary hearing that the attorney suborned perjury … well, that’s a felony too!

If you’ve read my posts on “Gutting the Underbelly of the Beast” … I’ve explained the process of what happens (and what’s available) by running a misconduct complaint up to the state bar’s disciplinary board.  You (as a pro se litigant) will NOT have the same results as a bar-licensed attorney who files the same complaint before the tribunal.  Statutory violations can thus be turned into ethical violations when the bank’s attorney doesn’t play fair and doesn’t tell the whole truth or misrepresents the truth in his pleadings and exhibits.

Now for the real slice and dice … 

Here’s the motion put forward by the homeowners, as Plaintiffs, which prompted the bank’s motion to strike:

amend_cc_08.20.18

This is WHY the judge denied the motion to strike and placed this matter for trial.

The way I’m reading this, it’s the perfect set-up for the ethical violations and eventual reporting to the bar of the charges so the bank’s attorneys would stand to be disciplined.  It’s the way the system of things is supposed to work!

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GUTTING THE UNDERBELLY OF THE BEAST – PART 4

(OP-ED, first posted: September 4, 2018) —

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.  By the end of this “series” of posts, you should understand what RISK is! 

WHY INSURANCE COMPANIES ARE “RISK AVERSE”

Like most of us who take the time to analyze the “odds” (remember the Hunger Games … “may the odds be ever in your favor”?), insurance companies make money betting on sure things.  They don’t like paying out claims.  They won’t insure individuals who may have a propensity to do “crazy shit” (like skydive, bungee jump, etc.) that might result in a serious accident or death.  They won’t insure companies that have a higher risk than normal for being sued (for committing fraud, etc.).  They also make exceptions to items within “the system of things” concerning real property, which is where this part of the evisceration of “the system of things” takes place.

SCHEDULE “B”

If you’ve ever looked at a “Schedule B” in an Homeowner’s Indemnity Policy, you will see that things that aren’t recorded in the public records as part of a chain of title are exempt from coverage. Heck, if you’ve looked at a number of the exceptions on that portion of the policy, virtually everything that you could imagine, from encroachments against a registered legal description, riparian right or legal description changes due to accretion or avulsion, virtually every obvious thing that could be insured, isn’t.  Then what is the policy worth spending extra money on?   Because the insurance companies are willing to bet you won’t ever file a claim on anything having to do with title.  That’s a sure moneymaker to them.  Anything that has alleged “coverage” on it (or so you thought) is probably exempt thanks to “Schedule B”.  Get your title policy out and look at Schedule B and you can easily spot what I’m talking about here.  This is how insurance companies make most of their money.  They exempt issues and activities that could result in them having to pay out claims.  The insurance companies really didn’t understand the “risks” that were played on them in the securitization game either, which is why they filed lawsuits against many of the REMICs’ sponsor-sellers when they realized the “game was rigged” in favor of the banks. They were paying out too many claims on the seller’s title policies because the chain of title was all screwed up.  As history has shown us, the sponsor-sellers of these REMIC trusts made off (Madoff) like bandits!

“BEAN COUNTERS”

This is why actuarial tables are developed by the “bean counters”.  Based on past performances of certain professions or activities, insurance companies know whether or not a certain profession is susceptible to risk; thus, the insurer having to pay out a claim to an injured party at some point.  The insurance companies have had years of experience in paying (or not paying) out claims to know which professions and activities present the most risk; thus, they become “risk averse”, meaning, they run away from risk.  It’s like the little guy who has a chance to walk away from a fist fight with a big guy twice his size.  Not every scenario presents us with a David versus Goliath option … and that’s the battle homeowners have been fighting.

AGENCY, NEXUS AND CIVIL CONSPIRACY

Now we come to the part in the “story” where you are dealing with a foreclosure.  Since I started doing research into “clouded titles” and discovered that part of the equation included the recording of certain documents, which make up a property owner’s chain of title, many of these documents appeared to have presented a certain “risk” of being challenged as to their validity.  I don’t have to spend time (here) wasting the effort to explain the 2008 financial collapse and the resulting “cause and effect” of what was finally unveiled to Main Street … securitization … and the sloppy paperwork (or the lack thereof) that eventually crept its way into every county’s land records throughout the entire United States.  Anyone that understands “robosigning” or “document manufacturing” or has read Clouded Titles knows what I’m talking about here.

As was revealed in both the Williamson County Real Property Records Audit and Osceola County Forensic Examination that my firm conducted, despite the fact that the mortgage loan servicers all agreed NOT to produce phony documents and record them in the land records in an attempt to “create standing” to foreclose, they’re still doing it anyway to this very day!

Each one of the parties involved in any Assignment or Mortgage or Deed of Trust had to establish a contractual relationship with one another.  By signing agreements to provide certain provisions for each assignment, a “nexus” (or connection) was created that could tie all of the participating individuals or entities together.  Each individual working within a company acts as an “agent” (or representative, whether an employee or independent contractor) of the principal.  Agency is thus established by the party granting the status (the “grantor” of anything) within “the system of things” … NOT the Grantee (the agent).  The agent however, in tandem with other agents from other nexuses created by outside party contracts, can be held liable for misrepresentation on a document and so can the principals themselves.  If you sign an insurance policy and claim that you do not engage in activities that are “risk averse” and you go out and commit suicide (for example) within a 2-year period, the insurance company will not pay because they learned quickly (ab initio) that people who find themselves destitute (such as in the crash of 1929), take out a life insurance policy with whatever money they have left and then kill themselves (by jumping out a window) believing that their heirs will get money from the insurer, quickly got the attention of the insurance companies, who quickly developed a 2-year waiver of indemnity for killing yourself and conveniently called it a “suicide clause”.

When two or more actors are involved in the creation and execution of a document, each party becomes suspect (NOT GUILTY UNTIL PROVEN GUILTY) as to taking part in what could be alleged to be a civil conspiracy.  I think many attorneys doing foreclosure defense have missed that part of the equation because they don’t bother to depose EVERY AVAILABLE PARTY that is represented within any given document being used as evidence against their clients.  Why?  Because depositions start at somewhere around $3,000 apiece and most homeowners don’t want to spend that kind of money.  The “other side” will bring their attorney into the mix, who will object to virtually every question asked that is posited to prove that a contractual relationship existed somewhere, with the intention of thwarting anything discoverable that can be used to defeat the foreclosure or to seek damages.  I also believe that many (not all) foreclosure defense attorneys are inherently lazy and would rather do the business model of “the taking of people’s money” [not necessarily at this firm (below), for which I find their name symbolic] and eventually watching them lose their homes anyway:

Not every state actually has a “cause of action” for civil conspiracy; however, every state has a cause of action for …

NEGLIGENCE

… and this is where “the system of things” starts to get interesting.  When the same group or groups of individuals misbehave and participate in document manufacturing scams that deprive homeowners of their rights, they draw unwanted attention to themselves.  Take Bryan Bly, Crystal Moore and Dhurata Doko for instance.  They have all been deposed (more than once as I understand it from watching their deposition videos) and were asked questions about their “risky behaviors” in creating assignments of mortgage and deeds of trust.  At the time these three were deposed, they were all employed by Nationwide Title Clearing, Inc. of Palm Harbor, Florida.  By virtue of the name used, one should be able to assimilate what they mean by “title clearing”.   In fact, this company boasts (online) that it has been involved in the recording of over 16,000,000 documents since its inception.  It’s kind of like the McDonald’s of document mills (over 16-million served).  In my book, that’s not something to brag about just to get clients. In fact, one of Core Logic’s attorneys (in a webinar I was privy to) declared that companies making up documents to “clear title” or “assign or transfer” mortgage loans or notes had better be careful in what they create and attest to for fear of retribution under the laws covering the Unauthorized Practice of Law (UPL), which is a felony in every state that has such a statute covering this “risky behavior”.   Thus, one who KNEW OR SHOULD HAVE KNOWN that the behavior they’ve engaged in constituted a felony, could be deemed negligent.  This also goes for attorneys working for the banks that are “suspect” for participating in the “process” (after recording, return to the ABC Law Firm). The law firm’s apparent involvement in creating (or directing the creation of) an assignment in order to foreclose becomes a party to the civil conspiracy.

Every attorney is bound by a state bar association’s Rules of Professional Conduct, each of which is drafted (in whole or in part) according to the national substantive rules promulgated by the American Bar Association.  There’s a section on “Misconduct”, which can be used to punish attorneys who come into court and commit certain misdeeds, like relying on or making false and misrepresentative statements (in the court record or in open court).  These attorneys are held to a higher standard, where they KNEW OR SHOULD HAVE KNOWN that what they were attesting to in writing or orally in open court, could be held against them personally and they could be held liable for their negligent behavior.

ENTITY REPRESENTATION

In “cutting to the chase”, banks and mortgage loan servicers (and title companies or document manufacturing companies who are working with them in creating documents to “clear title” or “create standing”) HAVE TO have a law firm representing them in court; otherwise, they can’t appear.  If we use “the system of things” to “hold the attorney and his law firm’s “feet to the fire”, they would naturally be discouraged from appearing in court to represent their “entity”, which may have used false and misrepresentative statements in a document contained in their foreclosure arsenal.  In other words, you wonder why law firms are “substituted out” right in the middle of a case?  Look at the case and seek out what the firm being substituted out might have done that created a liability for itself that it is trying to distance itself from.  The firms appear to be working in tandem to thwart any appearance of misbehavior that could be exposed for which they could, individually or as a firm, be held liable.  Which is why law firms have E & O insurance (errors and omissions).

It’s all about the insurance … and what’s not covered … that they’re worried about!   More details about insurance and bonding and the court’s responsibilities to NOT indulge felony behavior and the potential resulting liabilities for their actions coming soon to this blog post  … stay tuned!

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WE SALUTE ANOTHER FALLEN COMRADE!

(BREAKING NEWS — CORAL GABLES, FL)

We have just learned of the untimely passing of attorney John Herrera, who diligently fought foreclosure actions in the courts in Broward and Miami-Dade Counties in South Florida.  I went to trial with John on two of his cases.  Magically, they both settled; however, it is unsettling that we lost a freedom fighter so young (aged 53, on August 3, 2018).

As you may remember, John received second and third degree burns to over 60% of his body some time ago in a barbecue grill gas explosion.   Afterwards, he went through multiple skin graft operations and walked with a cane afterwards and was never the same, health wise.  John graduated from St. Thomas University School of Law and was also in the U. S. Marine Corps.  I had the pleasure of hosting a COTA Workshop in his “war room” (where he conducted his depositions).  John was one of the few foreclosure defense attorneys who would speak up when a court judge attempted to help out the bank during a foreclosure trial (“Gee, your Honor, I’m glad I’m not litigating against YOU this afternoon.”).   Those who knew John know what a kind hearted man he was. He was a true fighter for the little guy.  He even twice lectured at our COTA Workshops in Orlando and was a pleasure to work with.  He was even more fun at dinner at Fleming’s, where he would made the chef do his steak blood rare, while imbibing in a single-malt McAllen Scotch.  John will be sorely missed.  Our condolences go out to his wife Anouk and his children during this hard time.

John will be sorely missed.  God Bless You, Mr. John Herrera.  You have crowns laid up for you in the big courtroom in the sky.

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TO FIGHT THE GOOD FIGHT … OR NOT!

OP-ED — THIS IS STEP THREE OF A 3-PART SERIES BY DAVE KRIEGER, AUTHOR OF CLOUDED TITLES

I have conducted intense research for over ten years on chain of title issues and what it means for affected homeowners.

Foreclosure mill attorneys could care less about the chain of title, so long as they can come up with a game plan to steal the property, even if it means participating in the manufacturing of title documents that create standing for their client to allow their little “scalping party” to appear in court.

Once the mess of confusion has subsided and the educational process has begun, the average homeowner discovers (over time) that the method by which the alleged “lender” has preyed upon them has imbued them with a combination of guilt, rage, entitlement or empowerment or the combination of one or more of the above.  This is where things get tricky because the average homeowner generally does not know what the chain of title could possibly reveal in their particular foreclosure case.

As the clock ticks, depending on where you live, the process of foreclosure continues.

If you’re in a deed of trust state, you generally get about 45 days prior to the date of the sale to react.  By “react”, I mean file a lawsuit and get a Temporary Restraining Order (TRO) to stop the sale and have your case heard before a tribunal.

If you’re in a mortgage state, you generally get 20 days to file an answer ONCE YOU’RE SERVED with process.  This is key to your understanding. Once a party to a foreclosure action finds out the lender is attempting to serve them through a process server, they hide to avoid service.  This only works for a short time, as the process server will figure out (through skip tracing) what your daily routine consists of and will eventually catch up with you and serve you with the foreclosure complaint when you least expect it.  Avoiding service usually means the attorneys for the bank (or the servicer) could end up going to the judge and requesting what is known as substituted service, which generally means that a relative who knows you can be served with the papers instead.  Then the 20-day clock starts.  By the end of that 20th day, you would have had to file an “Answer” or face default judgment.

Answer #1 … to Run or Not to Run … 

What you’re about to read is NOT all-encompassing, because every homeowner seems to choose a different path.

95% of homeowners who are served with a notice of foreclosure … RUN AWAY from it!  I know that figure is hard to believe … BUT … that is exactly what the lender wants you to do.  The alleged “lender” knows it’s a “numbers game”.  The majority will run away but some will stay and fight.  By avoiding the foreclosure (by running away or doing nothing), you’ve made the lender’s job 95% easier … provided the lender (or the alleged lender) has done their job right.  When the average homeowner gets served they RUN because they lack education or the funds to get educated and fight the foreclosure.  The lenders know that 95% of all homeowners do not have a legal defense fund set up to wage war in the court against the lender to save their homes.  The lenders know that in most cases, they will end up with the house (whether free and clear is debatable here) because the homeowners are scared away from a fight.  Those who do not understand that the court systems in America are motivated in favor of lenders will soon find out that fighting “the good fight” is not the easiest task in the world.

Now let’s look at the 95% of the homeowners who “run away” from the problem.  Many pack up and move out as soon as they are served with notice.  A certain percentage of them will simply “freeze in place” once served.  They don’t know what to do next.  Rather than pack up and move right away (upon service of process), they stay put and either ignore the paperwork (denial) and whatever notice they are served with and simply wait for the county Sheriff or constabulary to evict them and put their belongings to the curb.  I can’t begin to tell you what that feels like, so I’ve included a video clip to refresh your memory in the event you can’t visualize it.

I cringe watching that video, almost to the point of tears.  This is not HOW I planned to peel away at the onion!   I pray to God that no one has to endure this, but sadly, in order to avoid what that video depicts, the homeowners plan their move accordingly, knowing the bank will eventually show up to their doorstep with law enforcement and they are “moved” whether they like it or not.  This does NOT have to be you!  Even if you have a PLAN B in place, the best well-made plans take time.  You do NOT have to run, now or then.

Answer #2 … to Fight the Good Fight … or Not! 

Not fighting “the good fight” manifests itself with bad behavior.

Remember I first discussed guilt, rage, entitlement and empowerment (or any combination thereof) earlier in this post?

Fighting based on guilt is totally inappropriate.  It basically means that you’ve let the lender and/or its henchmen (the servicer’s $9/hour cubicle employees) take over and run your life based on “power over” collection tactics.  The mortgage loan servicer is obviously trying to fleece you for every dime it can get because that’s how it makes money.  You fight the urge to say “no more” based on guilt feelings.  You fight the urge based on guilt because failing will bring on more guilt.  You want to keep your house and so you’re literally “bending over” at every whim of the foes coming against you.  While this appears normal as part of our built-in defense mechanism, letting guilt drive your emotions means making bad decisions (decisions based on emotion rather than common sense and logic).  It’s basically fighting with yourself because the servicer is making your decisions for you and you’re not making them yourself.  You feel guilty because you let them win … and they’re just getting started!  Guilt can fuel the unthinkable, like murder-suicide.  That is not the answer.

Fighting based on rage is also totally inappropriate, unless your rage is channeled into the fight itself.  Walking around being pissed off at the world, being pissed off at your family and friends and whoever you happen to engage in any related financial conversation is not the answer.  Rage, like guilt, is also an emotional element not worth pursuing if you’re going to fight “the good fight”.  Rage will make you do extremist things, like spend money where it doesn’t need to be spent logistically; spending money going on lavish vacations while ignoring the responsibilities of American homeownership; substituting rage for logic in failing to develop a business plan in order to make things happen.  Rage can also fuel the unthinkable, like murder-suicide. That also, is not the answer.

Fighting based on entitlement is understandable based on the political times we live in.  Most of America has been so conditioned to live off the government (via entitlements) and trust it implicitly that most Americans have been conditioned to believe that “the world owes me a living” and that “if I complain to the government, the government will step in and save me”.  This is false conditioning.  Complaining to any government agency about your foreclosure is a colossal waste of time!  This conditioning was by design, based on deceit by some very powerful oligarchs who have made themselves gods, thinking that their rationale is better than the average Americans’ and that they should be entitled (self-entitlement works in strange ways when you have lots of money) to make decisions for everyone else, including letting the banks run America. When you start to believe that the world owes you a living, then you can easily fall into the trap (when seduced into this false belief) of, “the bank screwed me, so I deserve a free house!”  That is not only illogical in thought, but the courts in this country, who feed off of entitlement, can spot an attitude of entitlement a mile away and shut it down!  Entitlement does not fuel the unthinkable, but it does fuel ego and pride … and pride goeth before a fall. Being entitled means you know everything.  That too is dangerous.  Ego has also hurt the banks in playing their “numbers game” too; however, the banks make up for it through the numbers of homes they’ve “stolen”, making them a more powerful legal adversary.

Fighting based on empowerment is the most desired aspect of fighting “the good fight”!  Knowledge is power and wisdom is knowledge applied.  Knowing WHEN to apply knowledge is what wins battles (Sun Tsu, The Art of War).  Knowing WHEN the enemy is weakest and where their weakest points are to begin with puts the homeowner in a condition of empowerment.  Even Tige Johnson, a transactional lawyer out of Chicago who has lectured at my workshops, has even stated that when homeowners are fully aware of the facts in their case and what the law says, they make very empowered clients.  Employing “rage” as a “fuel” to empower you to search is the greatest attribute, because it’s what drives you to succeed no matter what.  Rage alone, without empowerment, spells doom for every homeowner who wants to fight “the good fight”.

Answer #3 … the average homeowner who litigates a foreclosure can delay a foreclosure for up to 2 years! 

Ahhhh!  The naysayers and the gainsayers will chastise me for creating false hope; however, the foreclosure defense attorneys have figured out a gameplan that will delay a foreclosure for 2 years or longer and in doing so, “buys” their client time.  Time for what?  To sit on their laurels and enjoy the scenery?  Those who are embroiled in litigation MUST stay on top of it.  There is no time to dawdle or take a vacation to the Bahamas just because you’ve forced the alleged “lender” to prove its case. By the tone of your response to the foreclosure notice, whether in a deed of trust or mortgage state, the foreclosure mill law firms can measure how much of a fight is necessary to accomplish their mission.  They want to win.  They want to help their client get your home.  Many of them will engage in misleading tactics designed to throw you off point.  Many of them will commit deceitful acts and make false representations to the court.  This is all part of their game.  It also keeps the foreclosure mills in business longer because there’s no more income stream to them once the foreclosure is over and they’ve won.  And you wonder why the foreclosure mills aren’t coming after me?  It’s because through my efforts, they stay in business because I’ve empowered homeowners to fight “the good fight”!  Think about the logistical financial issues posited to the banks and their attorneys.  As Tige Johnson has stated (in my workshops), “I’m here to make the banks bleed green.”  Thus, it costs the banks to fight your “good fight” too!  This is something to consider.

In a deed of trust state, by law, most states do not allow for anything past the taking of the security, which means that once the foreclosure is complete, there is no deficiency judgment.

However, in order to keep the foreclosure hounds at bay, you have to initiate a lawsuit in the proper court, because deed of trust states do not provide for your “day in court”.   You have to “create” your day in court by filing a claim against the lender or its alleged representative.  Once that suit is filed, you also have to ask the court to stop the foreclosure sale by granting a temporary restraining order (TRO).  Simply filing a lis pendens only “gums up the title”.  It does NOT stop a foreclosure.  I had to get that through my head when I started helping homeowners fight “the good fight”.  As I teach in my Foreclosure Defense Workshop (along with attorneys who lecture at them that are well versed in this subject matter), you have to follow rules of civil procedure and rules of evidence to the letter, which means you have your work cut out for you unless you have the resources to retain counsel to represent you.

In a mortgage state, by law, most states provide for deficiency judgments (post-sale) and attorney’s fees, which means this has to be taken into consideration before you fight “the good fight”.

Many times, a straight forward “Answer” that is timely filed with the court and appropriately served on the foreclosure mill law firm representing your alleged “lender” adds an additional 30-60 days to your “fight”.  Simply put, ANSWER the damned complaint, point for point.  However, just because you’ve filed an Answer to their complaint (in a mortgage state) does NOT mean you get to sit back and relax.  Your fight is just beginning.  Many reading this post have kept the lenders at bay for 8 years or longer!  Whatever made you think you can’t do the same?  Would having an extra 8 years of time give you time to get your financial affairs straightened out to the point where you can strategically leave the suit and enter into a new financial realm you created during that time frame?  Many smart homeowners have figured out that if they can “buy time”, they can re-strategize their financial position and move on! Sadly however, most homeowners aren’t that smart when it comes to litigation, which is why I hold workshops.

Answer #4 … opening the door to “empowerment” by doing your homework! 

Over the years, I have learned that every alleged “lender” (generally through its mortgage loan servicer) creates at least one “assignment” and causes it to be recorded in the land records in the county your home is located in.  Many of these assignments are created just prior to a foreclosure action, which becomes suspect as to its legitimacy.  You can bet that the assignment was “designed” to “manufacture standing” so the lender’s representative can complete the foreclosure without question from the court.  It’s like “manufacturing evidence”, which can be used to the lender’s advantage … or in many cases by you … to the lender’s disadvantage.

Starting with evaluating your chain of title may prove to be the key to discovering the strategies you need to fight “the good fight”. Filing bankruptcy to stall the inevitable is the “cheap way out”, that will hurt your credit more than the foreclosure itself (by more than 300 points), which is why I’m not quick to even think that way.  Unless you have a defined strategy involving an adversarial proceeding, along with a huge mountain of unsecured debt with no way to pay it back, I would never consider filing bankruptcy.  Filing bankruptcy is not empowering anything.  Filing bankruptcy is giving up in a feeble attempt to “stop the bleeding”.  Even if you stop the bleeding, the damage has been done and there will still be a scar, a scar you will live with for ten (10) years (even if you are successful in removing the bankruptcy from your credit reports).

In order to become MORE successful in your efforts, you need to plan a strategy,which includes an exit strategy in case things don’t go as planned. These days, I’m seeing a lot more investors using “end game strategies” (which I also teach at workshops) because they are “calculated” and their financial weight can be measured.  The average homeowner however will find themselves in a different scenario because as I stated before, the “war chest” simply doesn’t exist in most cases.

Thus, once you obtain your entire chain of title, you can look for clues as to how to unwind your dilemma or in the alternative, find the most efficient and affordable way to restructure your life and move on.  The “devil is in the details” and most of the time, the evidence found within the promissory note does NOT match up to what the recorded assignment says.  The other side will twist the truth to prove its case; or in the alternative, throw in stumbling blocks to increase the cost of your litigation in an attempt to discourage you from fighting further and to resort to settling when settling may not be an option when you know the truth and have figured out ways to prove it.

I’ve been involved in numerous cases throughout my years of involvement in the world of foreclosures, which is why I’m called in to consult attorneys on various cases and conduct chain of title assessments (COTAs) for homeowners, which saves them time and money because the attorney can get to the real issues faster, which saves the attorney time as a benefit to the homeowner, especially where time is of the essence.  I can genuinely live with myself in what I’ve been doing, which is to educate homeowners using the research I’ve conducted since 2007.  Whether the research pans out for the homeowner depends on how the homeowner chooses to fight “the good fight”, which is why I’ve developed workshops that teach foreclosure defense.

In closing, I also warn of using “rage” as your guide when it comes to picking your litigation strategies.  You have to have a level head in order to evaluate what strategies are going to work best.  Suing everyone over everything is a sure way to stretch your finances to the limit.  While I believe that walking away (strategic default) from a future problem (home foreclosure) has been used not only by myself but by multitudes of others as well, knowing the truth about the matter may have changed the strategy I’d planned as well as the case outcome.  How then can you make an honest decision without a level head, a true set of facts and multiple strategies with which you can cloak yourself in empowerment?

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