Tag Archives: Clouded Titles

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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Filed under BREAKING NEWS, OP-ED, Securitization Issues

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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Filed under OP-ED, Securitization Issues

LET THE GAMES BEGIN, PART 2

(OP-ED) — None of this is legal advice and should not be construed as such.  It’s an IMHO diatribe that posits the simple question … have you had enough of this “quarantine”?  Answer that question … and you open up a whole myriad of “mental disturbances” that have yet to surface as well as further dredging up of those deep-seated isolationist/protectionist values. 

With all of this “free time” you have … I’m pretty sure you’ve taken some of it up with analysis of exactly what you’ve accomplished since you were told you had to “self-isolate” (quarantine) … as if you were sick … but you really weren’t. I think we can all recognize that this so-called “quarantine”, which is technically supposed to be for “sick” people, was expanded beyond the point of common sense reason and logic.

HAVE WE BEEN PROGRAMMED TO DO THE GOVERNMENT’S BIDDING?  

And what else did you do with your “down time”?   How many watched the news on TV regularly?  How many got your news off of posts on Facebook?  As diverse as the channels of medium might be, we sucked up data through the “straw of the information highway”, at a pace similar to drinking a gallon of Kool-Aid in one sitting.   Most of us (I must admit) have been somewhat careful with how we conduct ourselves; however, this comes with caveats because like me, many of you can only drink so much of the “Kool-Aid” out there before we start getting a “sugar buzz” (if you get my drift).  Impatience levels are probably at an all time high at present.  This is when patience is called for more than anything right now, more than should be expected from any law-abiding American.  This is a time where over-reacting could be fatal to the human system.

Most of us will also agree (without my prodding) that politics never stopped rearing its ugly head during this entire time of isolation.  In fact, it’s increased in the subterfuge of things.  It’s amazing how arrogant the banks were during the foreclosure crisis in 2008.  Now the medical community that governs how we think about “treatments” and how much we should participate has also gotten so arrogant that it has allowed members of its hierarchy to become emboldened in its policy statements:  CLICK HERE! (But I warn you, prepare to be shocked!)  And this short clip is still on YouTube!  Why didn’t YouTube take THIS down?   This video presents a veiled threat to all of America!

Anyone can learn anything they didn’t already know simply by going on YouTube. Hell, Clouded Titles has a YouTube Channel. YouTube has become a mechanism for transmission of social marketing ploys, which, if not properly taken in context could be the means by which America’s (and the world’s) deterioration of  “family value systems” become a real possibility.

SO … WE’VE ALL BECOME ISOLATIONISTS?

Imagine this so-called contrived “lockdown” lasting six months or longer.  Could you actually survive being told you had to “stay in place” or “shelter in place” longer than we already have?  Would being “ordered” to “stay at home” because it was the safer thing to do be prudent … or would running around the countryside connecting with nature be more important than not getting what the media has programmed you to believe was a deadly virus?  It’s a mixed bag of responses, whoever you talk to.  However, a majority of the folks that were ordered to “stay put”, did. That’s the irony of it all. We were told to do the “patriotic” thing. Could it be that the powers that be knew we’d have our asses parked in front of the TV set, soaking up disinformation and misinformation to the point we either (a.) “grew a pair” and made a decision to rebel against the system in our own way; or (b.) capitulate and drink more Kool-Aid in anticipation of that all-important safeguard: the vaccine!  How many people do you think will take the vaccine?  And how do we know that each vaccine given doesn’t contain a nano chip?  We can be tracked and hunted like dogs … and who wants to be part of that as an “end game” strategy?

During this time of lock down, we’ve either marginally tested the limits of (or fully became)  obesity, alcoholism, domestic abuse, obsessive-compulsive behaviors,  sexual dysfunction, internet absorption, conspiracy theory and potential self-destruction by suicide.

Now … I know many of you used this time to remain productive and got to work from home.  Ah, the wonder of technology.  But we’re so used to social interaction.  When we finally get let out of our cage, we seem to have to relearn all of our old social behaviors.  Many of us still don’t trust “what’s out there” waiting for us, given the fear of a second wave of the coronavirus running rampant and taking a much higher death toll this time as we wait for the “vaccine” that: (a.) may not work at all; or (b.) may contain side effects, side effects that may even kill us.  Or then there’s option (c.) … the vaccine contains a nano-chip in it that once implanted (without our knowledge) will have to be surgically extracted if you want to be able to go anywhere without being tracked.  This will get old to a lot of people very quickly.  Given those choices …

HOW ARE WE SUPPOSED TO VIEW THE CURRENT GOVERNMENT BUREAUCRACY?

Now that the medical echelon has manifested itself and left us all with uncertain options, how are we supposed to trust the performance of the World Health Organization, Dr. Anthony Fauci and the Centers for Disease Control?   I’m having a difficult time rationalizing why the information stream was muddled up enough to cause mass confusion, let alone mass panic.  Was all of this contrived for the purposes of the implementation of a “higher agenda”?

I’m still having a hard time with this “mask” thing.  First, we were told not to wear masks unless we were sick. Then everyone was told to wear masks.  Why the about face?   Exactly what purpose does wearing a mask serve, especially if it’s a hand-made, low-quality, cloth mask that germs can penetrate both inside and out?  Why wasn’t all of America provided with N95-grade level masks if the government was so worried about it?  Why as Americans were we told to start preparing for the worst when the first outbreaks were reported in Washington State?  Could it be because Deep State counterparts in this country have “bigger plans” for all of us that even President Trump doesn’t know about?  Deep State consists of a lot of the intelligence community, who, along with its British counterparts, is looking into a severe drop in cellular communications at the Wuhan Institute of Virology in October of 2019.  Why are they focusing on the lab?  Because the cellular activity inside the Wuhan wet seafood market remained constant, that’s why.  This is why America has all of those spy satellites floating around in the ionosphere. And don’t think for one minute they can’t spy on Americans … because they can.  That should make you all feel “safer”, right?

Then, the medical community and the media told us to ignore the rants of Dr. Judy A. Mikovits … and social media and the “debunkers” all came out of the woodwork to demonize her, yet most of them were not scientists. They all attempted to portray Mikovits as a self-serving liar.  They attempt to dissuade your thinking by making you think that her statements on her video were that of shoddy journalism, when in fact, Mikovits was freely expressing her concerns as a “whistleblower”.  And we all know what happens to whistleblowers in America, right?  A: No one believes them.  B: Everyone believes them.  C: They are demonized to the point of disbelief.  D: They are silenced and/or “disappear” one night.

So I have to ask myself (which you should be asking yourselves too), “What has Mikovits said that pushed so many “hot buttons” that “they” (the medical community and Big Pharma) are out to “get her” through demonization and censorship?  Why doesn’t the media want you to know the “other side of the story”, if what she says is to be believed?  Don’t you feel you’re entitled to know all sides of the story before making a rational decision as to how to treat your future?

TWO-FACED CONFUSION?

Then, let’s not forget Fauci’s speech to the Senate:

  1. We have at least 8 companies working on a vaccine.
  2. We will need to develop more therapeutic testing.
  3. None of the vaccines being R&D’d right now are guaranteed to work.
  4. The vaccine may have negative side effects (like death or autism, maybe?).
  5. We started testing in January.

No one is paying attention to the timeline of events here (or at least the timeline is being downplayed). The timeline of events is exactly what we should collectively be discussing right now because we certainly aren’t getting truthful information from those we’ve entrusted to make sure we are informed.  You can’t make sound decisions based on: (a.) fear; (b.) irrational behavior; (c.) propaganda; (d.) false testimony; and (e.) outright deceit.

In my last post, we brought you immediate facts about implanting RFID chips into humans for the purposes of “convenience” (to allegedly replace “key cards”) in Arkansas, where legislation is being proposed to require employers to remove the chips within 30 days when an employee withdraws consent to be “chipped”.  The proposed legislation would also ban employers from refusing to hire prospects who didn’t want to be implanted with the chip.  I think this is only scratching the surface of bigger things to come.  Being “chipped” is something we should all be collectively discussing right now … mainly due to 4th Amendment concerns.  For those of you that don’t know what the 4th Amendment to the U.S. Constitution is … please go look it up and re-read it until it “soaks in”.  You can say all you want, “I’ve done nothing wrong.” or “I’ve got nothing to hide.”  But that’s not the point.  That is not what is going to matter in the future and you should mentally prepare yourself to watch for the signs of what might happen if chip implantation becomes a “requirement” and not an “option”.

What you would do if Revelation Chapter 13’s biblical prophecies became a reality?  Would you “take the chip” in order to be able to buy or sell anything?  Would you avoid taking the chip and become part of the black market underground/shadow economy (think post-Cold War Russia)?  Would you “take the chip” because you wanted to be a contributing member of the New World Order?  And just remember, YouTube didn’t take this video down either.

THE REALITY OF AMERICAN CORPORATISM 

There are some undeniable issues that we face in our future:

  1. A foreclosure pandemic the likes of which pale in comparison to 2008.
  2. Big Pharma making huge profits off of a vaccine that “may or may not” be effective in stopping a plague that we’ve all been “fear factored” into believing is some sort of uncontrollable super bug.
  3. Wall Street getting more bailout money in the stimulus packages than small “mom and pop” businesses.
  4. Unemployment levels that far exceed those of the Great Depression.
  5. The potential for civil unrest, insurrection and serious internal conflict (Civil War II).
  6. The usurpation of our Republic by those who seek to shift the balance of power away from America.
  7. A cashless, fiat society, where wealth is measured by labor output.
  8. Interment camps to house those who didn’t enter this country illegally as a means of mass indoctrination and potential extermination.
  9. The super surveillance society.
  10. Mutual assured destruction (or EMP, which will put us back into the Stone Age).

This is not a doom and gloom speech.

I have seen the potential for these issues to become a reality if good men do nothing.

Stay tuned for PART 3 … and may the odds be ever in your favor (remember who the enemy is).

 

 

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THINGS TO PONDER WHEN IT COMES TO THE “DELAY GAME” IN FORECLOSURES …

(OP-ED) — The author of this post is a consultant to foreclosure defense attorneys and does not offer the following as legal advice but rather as that of the author’s own views based on past experience in paralegal and consulting work.  The post, with the related case example, is for educational purposes only.  

THE “DILEMMA” ONLY GETS BIGGER

I have seen countless cases where a foreclosure defense was mounted against a bank’s attempt to foreclose when there are obvious “glitches” with the bank’s case.  It is in this instance where I offer the following case for your perusal:

US Bank v Manning, 2020 ME 42 (Apr 2, 2020)

The one thing you’ll notice right up front is that at the time of this author’s post, this case was almost 10 years old by the time it got to Maine’s highest court.  I believe I can use any case from any state to exemplify what constitutes a “do-over” after 10 years of throwing money away on attorney’s fees.  I would venture a guess that the property was worth almost what the homeowner (Manning) shelled out in attorney’s fees.  He would not be the first party (as a defendant in a foreclosure case) to spend exorbitant sums trying to stay in his home, all because he thinks he’s “right”.

I would have posted this earlier but due to the corona-crisis and the resulting issues that followed our first recognition of it as a pandemic, I’m now just getting around to this.  My point here is that foreclosure defense means putting whatever remaining resources you have at risk.

Let me explain in ten (10) easy points …

  1. Fighting any case where a REMIC trust is involved means that it’s highly likely bogus documents were created by the servicer’s employees at the direction of either the servicer or the foreclosure mill law firm prosecuting the foreclosure.  That in itself is a minimum of an 18-month delay if the court indulges declaratory relief.
  2. Fighting a foreclosure case when you’re unemployed with limited resources is futile, especially if you’re faced with draining a retirement account, like a 401(k), which by the way, the bank won’t ever get access to via judgment; however, you’d be surprised at how many cases I have gone through where the homeowners did just that in order to pay attorney’s fees.
  3. Fighting a foreclosure case when you’re simply holding the property as an investor is also risky given the courts’ propensity (as in this case) to give the bank a “d0-over”, even if the investor was “right” all along.  Those attorney’s fees are risked capital that could be put somewhere else if the market value and economic condition of the property won’t support it.
  4. As a follow-up to the last paragraph, many homeowners don’t actually make an honest effort to get their property evaluated, whether through an appraisal or a comparable market analysis (CMA) by a real estate agent, to see what the “gamble” is worth compared to risk. Their fight is driven by emotion and not common sense.  If the property is economically challenged, meaning it’s going to need thousands of dollars in repairs and upgrades to make it marketable, it’s not worth spending the money while fighting a foreclosure just because you don’t like the idea of moving to new digs.
  5. On the other side of this equation, I could imply that I’ve spent the last 12 years of my life helping homeowners fight to stay in their homes, only to see the bank win after the homeowners have spent thousands, many of whom got stuck paying the other side’s attorney’s fees because they lost … plus, they had to pay their own foreclosure defense attorney’s fees.  Talk about a great case for neurosis.  I feel guilty sometimes because I’ve given the bank’s attorneys an income, because the banks will pay to get a “win” in their favor.  That is counterproductive in my book, when the homeowner could have cut and run and moved into something more affordable and put it into a trust before things got “dicey”.
  6. Fighting standing issues is the most common thing and judges are keenly aware of that modus operandi. Every attorney will tell you that you should claim the other side lacks standing because it’s a great catch-all if all else fails; however, claiming anything comes with a price.
  7. Because many foreclosure defense tactics are emotionally driven, this has created a “cha-ching, cha-ching” scenario for attorneys who see a real monthly annuity staring them in the face every time a disgruntled homeowner thinks they’re “right”.  It creates impetus that has fueled the business model that many law firms and sole practitioner’s rely on to “stay in their game” even if you lose in the end.
  8. In Manning’s case, this 10-year stretch compares to other cases I’ve looked at, where homeowners have sold businesses to pay lawyer’s fees, knowing that the chain of title documents were trash to begin with, yet a lot of these types of attacks fall on deaf ears with the courts. Without proper case planning as to how the court will react, it’s throwing good money after bad.  What homeowners end up doing is “kitchen sink” pleadings … and these types of pleadings are what racks up attorney’s fees … on both sides of the equation.  This is the primary reason why foreclosure mill law firms don’t come after me (if they happen to find out I’m involved in a case) because they’re getting attorney’s fees too … and then some.  How does it feel knowing that this kind of risk exists, even though you’re trying to do the right thing?
  9. I was given a specific sum certain of over $100,000 spent in fighting a foreclosure for 10 years … and the homeowners lost anyway. What I could have bought with that $100,000 over time (a duplex, where I live in one side and rent out the other side to make my mortgage payments; an apartment building, maybe a 4-plex, where I live in one of the apartments and rent out the other three) instead of giving an attorney an opportunity to create a thriving law practice at my expense.
  10. In this case, the economics of “the game” don’t make sense.  With all of the moves and countermoves in this case, which parallel many other complex cases I’ve looked at, giving a bank a “do-over” (dismissing a case without prejudice), means the bank gets to hit your “reset button” and you get to start all over again defending another foreclosure.  My point on this last comment is, “What’s it worth to your health?”

Given the corona-crisis, with over 15-million claims for unemployment benefits being applied for (many of them mortgagors), you can bet when the moratorium on foreclosures has expired (whenever that may be), there may be some mortgage loan servicers that are going to “take it on the chin” in advance payments so much so, they’ll look for the first opportunity to come after your house.  You can bet if they haven’t filed documents in the land records to “support their claim”, it’s highly likely they will either during or shortly after this crisis ends.

My bottom line (while trying not to be verbose here) … foreclosure defense costs money.  Delay tactics cost money.  Playing the game costs money. It is a “game” to the banks because they play by the numbers while you’re playing with your hard-earned money and equity.  They have the clear advantage because they’re the mortgagees.  They have a contract that you signed.  The deck is already stacked ahead of your decision-making processes.  Understand that whatever claims you bring should be supported by a Plan B.  This is part of foreclosure defense too.  What happens if what you’re trying to do doesn’t work?  This is why I wrote Clouded Titles.

THE CORONA-CRISIS HAS MULTIPLE “SIDE EFFECTS” … 

The corona-crisis is going to produce more than just statistical death tolls.  We have been victimized by both the World Health Organization (who is part of the United Nations), who failed to give us the information before the virus spread to America and the Chinese Communist Party (who created the synthesized product in the Wuhan Level 4 lab in the first place … then covered it up with a lame “wet seafood market” story), which is going to create more than a viral pandemic in terms of loss of life. We’re talking an economic twist of the tail that is going to set off another serious wave of foreclosure filings across the country due to the servicers’ struggle to make advance payments to REMIC investors.

Loan modifications are going to be rare after this is over.  Forbearances … well, if you’re lucky.  You may be emotional now … but just remember what kind of financial position you were in before the corona-crisis hit.  This doesn’t stop foreclosures already in progress.  On top of that, you’ve had a financial “hit” just trying to stay alive during the “lockdown” period and the neuroses this has caused … you also have to look at the emotion and health issues (fueled by stress) which weaken your body’s immune system because of what’s coming.  You will be looking to the government for answers … and the answers won’t be there.  The courts will be backlogged.  Your judicial foreclosures will cost more as the courts clear the pipeline of cases. Non-judicial foreclosures will proceed at lightning speed because the servicers have had plenty of time to crank out paperwork (default notices, notices of trustee’s sales, suspect assignments, etc.) during the crisis while the moratoriums existed.  They know this crisis has hit everyone in the pocketbooks, including the mortgage loan servicers themselves.

Now’s the time to come up with a Plan B.

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

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

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

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

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

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

This is where thinks get “quirky”.

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

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

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

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

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

Fast forward to the end of the corona-crisis … 

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

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

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

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

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

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

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