Tag Archives: Clouded Titles

FLORIDA HOMEOWNERS SHOULD STAY OUT OF BK 7 COURTS IF THEY WANT TO FIGHT FORECLOSURES!

The author of this post is not giving legal advice, just reporting what’s out there.  You should consult a competent foreclosure defense attorney regarding such matters, as the contents in this post appear to reflect the court’s intolerance for homeowners who file bankruptcy to stop a foreclosure. 

OP-ED — 

Folks who are in trouble with their mortgages in Florida really need to strategize before taking the plunge into the abyss known as the Florida legal system, where state judges clearly have “agendas”, the Florida Legislature has “agendas” and the federal courts have “agendas” … all aimed at taking of property when you can’t make the payments on it.  It’s not often that the author of this post steers away from chain of title issues, but there appears to be widespread ignorance (or in the alternative, intolerance) on the part of the Sunshine State’s legal system, which makes things “not so shiny” anymore, given the recent spate of legislation and court actions.

STATE JUDGES

All one needs to do is examine court dockets to see how fast, over time, that Florida circuit judges have blindly assumed that the financial institutions coming before them actually own the promissory note they’re trying to enforce.  It would seem that judges simply rely on the blatant attack on the property owner as just because otherwise, why would this particular bank show up in court?   Because they can!  And they do!  And judges give them so much leeway that Florida homeowners are stymied for options.  This is why the State of Florida has so many zombie homes (despite what the politicians, economists and the media would have you believe) and shadow inventory that sits empty because of title issues.  In very few cases I’ve examined have I seen evidence within a transcript that allowed for a forensic examination of the note, to make sure it’s “original”, like the bank’s attorney says it is.  To show you that the inequity between state court systems is similar in nature, I’m consulting a case in New Jersey where the bank’s law firm sent a “cover lawyer” into court with what appeared to be a “faxed copy” of the note, claiming it to be the “original”.  I think most judges, even in light of the foreclosure defense attorney’s objections, could tell the difference, but nope … this judge said that the word of the law firm and the faxed copy of what it self-authenticated is good enough!  Can you believe that shit?

Another part of the equation is the existence of foreclosure defense lawyers who have seen fit to turn the foreclosure debacle into a cash cow by using delay tactics to keep property owners in their homes, despite the probable outcome that only about 1 in 25 cases brought into court makes it past the 810-day mark in a Florida foreclosure cycle.  Knowing that the odds are never “in their favor” (attributing the quotation to The Hunger Games), frustrated mortgagors then contemplate using bankruptcy court to dodge the “sale bullet”. However, things in Florida are about to change.

THE FLORIDA LEGISLATURE

Effective July 1, 2017, Florida homeowners who run to the bankruptcy court and get their promissory note discharged are going to find themselves without other options to fight the foreclosure.  See House Bill 471 here if you don’t believe me: fl-hb-471  It’s only two pages long and I’m sure you can read (if you’re reading this)!

Simply put, any documentation that is filed in Bankruptcy Court which would indicate surrender of the property (commonly seen in Chapter 7 cases) makes it legally okay for the bank’s attorney to submit that document that was filed in the Bankruptcy Court under penalty of perjury to a Florida circuit judge to get a Final Judgment of Foreclosure.  I see this as a definite negative if you’re trying to fight a foreclosure.  But then again, most homeowners are like electricity.  They want to take the path of least resistance; and declaring bankruptcy is certainly a hell of a lot cheaper than fighting a foreclosure through Florida’s appellate system.

It appears that folks don’t understand the difference between an in rem and an in personam action.  Enforcement of a security instrument, which in Florida’s case is a mortgage, can only happen when the party claiming to have an interest in the property can prove ownership.  An attack on the property through the recorded security instrument is an in rem action (like quiet title actions).  This is why I wrote the book The Quiet Title War Manual (with the professional help of California attorney Al West).  The book explains the difference between the note and the mortgage.  Folks who don’t get it should get this book and read it, because when Al West and I taught quiet title workshops, we hammered these basic principles into the heads of the attendees.  In personam actions are actions involving debt, which in this case is the promissory note, NOT the mortgage!   How convenient it is that the Florida legislature has come up with this House Bill in the wake of the recent court conflicts within the federal system!

THE FLORIDA FEDERAL COURTS

Let’s look at the case of In re Hookerin-re-hooker   Once you get past the first three paragraphs, you’ll understand why the Florida legislature did what it did to help the banks fight continuous counterattacks in state court.  Again, how convenient, to avoid further confusion in the courts.  Let’s just legislate this away, shall we?

Now we come to the slam dunk that affects the way the 11th Circuit Court of Appeals (which covers Florida), has ruled that Chapter 7 debtors who file a bankruptcy action and put forth a statement of intention to surrender the real property cannot later contest a foreclosure in the state court. in-re-failla   If you read the first paragraph of this PUBLISHED OPINION, and then read the background on the case, it appears that the homeowners wanted to “have their cake and eat it too”.  The Failla case simply states: “Debtors who surrender property must get out of the creditor’s way.”   The Florida Legislature (I believe) made sure that a bill was passed that shut off the trough at the source of the feed (so to speak).

No more hogs at the trough.  There have been so many different points of view, it’s understandable that the Florida legislature would pass a bill that state courts could point a finger at and say, “SEE?”   So for those of you thinking that running into bankruptcy court (in any state for that matter) and declaring your intent to surrender the property (God forbid, why would you do that?) under penalty of perjury is so confusing to some when their state court cases get shut down.

ANOTHER WHAMMY! 

It has also become relatively apparent that any homeowner that has placed themselves in the foregoing position and continue to litigate their foreclosure in the state courts of Florida are likely to get sanctioned!   Vexatious litigants are likely to wind up in jail on contempt charges!  I say this because of what happened to foreclosure defense attorney Stuart Golant, 70,  in the Palm Beach County courtroom of Senior Judge Howard Harrison for simply making a motion!

Florida homeowners have had the deck stacked against them by the courts and the legislature in favor of the banks when it comes to promissory note enforcement.  Once a mortgage has been recorded in the land records where the subject property is situated, all it takes is a missed payment and the door to “foreclosure hell” opens to swallow the homeowners whole.   I can’t help but wonder what kind of counseling homeowners have received, given the phone calls and emails I get regarding strategizing an in personam case against them.

ONE MORE TIME …

In a judicial foreclosure state like Florida, a lender comes to court and waves the promissory note around and claims it has the right to enforce the terms of the note!  It should be required to prove that the note is genuine, forensically.  Have the actual paper tested.  Have the ink tested.  Check for pixelation by blowing the note up on a computer screen to examine evidence the note was photoshopped.  Object to the note being entered as the original.  I believe a majority of securitized notes are copies of what was downloaded into the MERS® System and later shredded, as I’ve covered in previous posts.

Once the lender gets the note in front of the court and gets it admitted into evidence and gets the court to agree that U.C.C. Article 3 (Negotiable Instruments) exists and that the alleged lender has the right to enforce the note, THEN the Lender gets to enforce the Security Instrument, the in rem part of the equation.  The security instrument (Mortgage) is then “ripe for the picking”.  Believe it or not, most homeowners think that the lender is foreclosing on the mortgage.  That couldn’t be further from the truth!  The Lender is foreclosing on the Note.  Proving it has the right to enforce the Note means the Lender gets the right to enforce the Security Instrument, not until!

Bankruptcy Courts are designed to handle in personam scenarios.  In personam relates to debt.  Promissory notes are evidence of debt!   Recorded mortgages are evidence of security interests, not debt!   If you’re going to use the bankruptcy court to alleviate your personal obligation to the note, and liquidate it in a Chapter 7 bankruptcy proceeding, be prepared to move out of your home!

Thinking twice about running into Chapter 7 bankruptcy court to stop the sale?   The “system” is ready for you!   (Hint: This is why we have Chapters 11 and 13!)  No matter, if you live in any state where you think the “deck is stacked” against you, plan your “end game” BEFORE you go into default, not after!

And this is why I don’t talk about in personam issues much.  Homeowners really should get a financial education before they sit down at the closing table.

Tune into kdwradio.com every Friday night at 6:00 p.m. EST for my radio show, City Spotlight: Special Edition!   Order any of the author’s books by visiting Clouded Titles!

For those of you waiting for the new FDCPA book, it’s almost ready!   Pre-order your copy today!  (FDCPA actions are for dealing with debt collectors!)

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Filed under Financial Education, Op-Ed Piece

TIPS ON SPOTTING FDCPA – TCPA VIOLATIONS

Consumers generally ignore a lot of debt collection activity because it invades and disrupts their comfort zones.  Since the new FDCPA book is coming out shortly, I’d thought I’d share several of the most commonly-ignored FDCPA and TCPA violations that would give rise to litigation (a smattering of what’s in the new book).

Problems with initial communication … 

You receive an initial communication (letter in the mail) from a debt collector.  There is specific language in the debt collection letter that says: (a.) that the communication is from a debt collector; (b.) you have 30 days to dispute the validity or any portion thereof; and (c.) if you dispute the letter, within a certain timeframe, the debt collector must provide you with proof (judgment or other paperwork) identifying the validity of a debt (or the portion you are disputing).  Before the 30 days are up, your phone starts ringing and the debt collectors begin hounding you for payment.

Problems with threats of litigation … 

You have an overdue bill of $74.00.  A debt collection agency sends you a letter stating that if you don’t pay it, they’ll take you to court.  Debt collectors can’t threaten to take legal action that they don’t intend on taking in the first place.  The bill is too small to waste time paying attorney’s fees and costs of suit (which would exceed the amount of the bill itself).

Problems with misrepresentation of the character and status of a debt …

The most commonly complained about violations occur when a debt collector informs you that: (a.) it is not a debt collector, when in fact, it is; (b.) it is attempting to collect a legally unenforceable debt without disclosing that the statute of limitations has expired on the collection of it;  (c.) you receive various letters from the same debt collection outfit indicating amounts that are grossly exaggerated in each letter; or (d.) there is an indication that attorney’s fees have been added to the debt when in fact, no attorney was retained to collect the debt.

Problems with follow-up communication … 

You get repeated phone calls or texts, many times a day, from the same debt collector about the same debt, hounding you for payment.

The debt collector leaves a blatant debt collection message on your answering machine, which unauthorized third parties can hear if they happen to be around when you play your messages back.

The texts the debt collector leaves on your phone incur a fee every time they text you.

The debt collector manages to reach you and calls you names or uses other defamatory language.

The debt collector calls you at work, talks to one of your co-workers and tells them you’re a deadbeat, asking if they can relay a message to have you call the debt collector back.

Third-party junk debt buyers are more likely to commit these infractions than most debt collectors; however, ALL debt collectors have one thing in common: Their activities are all covered under the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act!  Many homeowners are even using these laws to stop foreclosures!  Find out how they’re doing it in this book! 

There are many more of these types of violations specifically listed in the new book by Dave Krieger entitled,  FDCPA, Debt Collection and Foreclosures … which is at the press and will be released before the end of January!   Order your 256-page copy now!   This new book contains:

  • The latest version of the FDCPA!
  • The latest version of the TCPA!
  • Detailed explanations of how to spot debt collection violations!
  • A compendium of federal district, appellate and Supreme Court case citations, FDCPA-related references and research tools for case development!
  • PLUS … detailed FDCPA-related pleadings used by attorneys in both individual and class action lawsuits to formulate federal complaints!

… all in large, 14-point print for easy reading!

Visit the Clouded Titles website and order your copy today before the first run is all gone!  It will be shipped to you (USPS Priority Mail) as soon as it comes off the press!

 

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AND THE WINNER IS …

BREAKING NEWS — (with a little Op-Ed thrown in for good measure) … 

Those bumbling “talking heads” … 

The “talking heads” of all the major media networks were tripping all over themselves (during election night coverage) trying to “save face” for the “talking down” on one candidate in favor of another.

No matter.  If I was president, I would make sure that every media mouth was accounted for and access to the White House would be a major “hoop jumping” to get a media credential. Our U.S. media cannot be trusted with reporting the truth.  Our U.S. media likes to “invent” news (or hadn’t you noticed?) instead of really investigating and reporting the truth (and not as they see it), the whole truth and nothing but the truth.  The outcome of the election clearly left the media machine speechless, faltering on-mic for comment in an attempt to backpedal on their foolish pre-election hoopla. I shut the TV off at 2:15 a.m. and decided to wait for the early morning voting results to filter in.

Clearly however, I think both conservative and moderate American taxpayers have risen up and seriously spoken in favor of change away from the “status quo”.  That “status quo” includes Wall Street control of this country.  However, other changes that manifested themselves last night were overshadowed by a surprising upset by The Donald.  We now have a House and Senate that have a Republican majority under a Republican President.  As I said earlier, regarding the lesser of two evils, many of the facets of the Old School System are still in place, including the banking cartels and their influence in Congress.  The only thing that can make a difference is a presidential veto when the laws coming forward are clearly wrong.  Sadly, the “rank and file” are still in position to make pro-bank laws, in conflict with what the majority of the American people plainly stated in their popular vote. Until the American taxpayers actually make a change in the way they do business, the rank and file will continue to make their lives miserable.  Also keep in mind that the socialist vote (those who voted for Hillary) still went to the polls and voted for socialism.  They will still be a force to be reckoned with in the shallowed halls of Congress.

The voice of the people was heard in Osceola County, Florida! 

One thing is for sure however … Armando Ramirez was re-elected as the Clerk of the Circuit Court for Osceola County, Florida by well more than a slim margin, despite the rantings of the media about conducting a Forensic Examination of his official real property and court records.

050113_armandoramirez osceola-clerk-tally

In many ways, I feel mildly vindicated, as I authored that 758-page Report.  I too came under personal attack from the Orlando Smutinel and other rags and media outlets for something that happened to me over 20 years ago.  I believe that the people have faith in Mr. Ramirez and his poll numbers demonstrated this.  It also says a lot for the numbers that have read the Report and have come to understand the real truth of the matter regarding their mortgage foreclosures.  The bottom line here is that no matter whether you’re a Democrat or a Republican, the voters love you if you do the right thing!  I believe Armando Ramirez stood up to public and political pressure from the corrupt Florida elitists and the local media and told his constituents: I hear you loud and clear!  There is a problem with the land records!  You don’t win elections unless the voters agree with you and it appears that the Osceola County rank and file don’t want to hear the truth … but the people who are affected do!

Mr. Ramirez’s devoted and loving wife Millie also held onto her position on the Soil and Water Board, Seat 4 – Osceola.  Congratulations to them both as they will wholeheartedly serve their constituents for another four years.  And I have a feeling the backlash from the Osceola County Forensic Examination is not over yet. From the looks of the voting results in both of their races, it appears the silent majority included both Democrats and Republicans who believe in the Ramirez’s.  The politically-influenced (by the rank and file) voted against them to no avail.  As Mr. Ramirez stated in the campaign:  “Let Justice flow like a stream, and righteousness like a river that never goes dry.” Amos 5:24

Speaking of “Justice” in Osceola County, Florida, Russell Gibson (D) was elected as the new Sheriff, replacing the outgoing Robert Hansel, who is leaving office amidst the scandal surrounding the investigation of the results (or the lack thereof) contained in the Report; and in retaliation of having to conduct an investigation with deputies tasering an innocent stepson of one of the examiners of the Report.  Mr. Gibson would do well to watch out for those around him (currently in positions within the Sheriff’s Department). It is rumored that Gibson may keep the “rank and file” that investigated the Report in place; in fact, even promoting them.  This would be a mistake if this rumor is found to be true. These “people” demonstrated by their response to the Report, on Hansel’s behalf, that they know Osceola County, Florida may have illegally evicted thousands of homeowners based on fraudulent documents recorded in the Osceola County real property records and then relied upon in court by servicers and their attorneys, who are suspect of committing perjury on the courts, among other things.  The civil liability for these “errors” would be into the billions and they know it.  That’s why Sgt. Toby Hawkins told Al West, the attorney who was present in the February 9, 2015 meeting to “shut up” when Mr. West asked him about potential exposure (meaning civil liability).  Let’s face it folks … filing fraudulent documents is a felony in Florida and no one seems to want to enforce it, for now.

On the other side of the coin, Aramis Ayala ran unopposed and was elected as Florida’s 9th Circuit States Attorney.  Mr. Ramirez has already spoken to her about re-opening the investigation into the allegations made into the Report.  I’m sure Ms. Ayala will not make the same mistake that her predecessor, Jeff Ashton, did.  Oh wait, he was too busy playing around on AshleyMadison.com to investigate the contents of the Report, right?  I maintain that the felonies that were discovered and reported in the Forensic Examination can be found to be continually occurring to this date.  I can come up with a whole new set of allegations if I changed the dates on the search engines in the county land records from June 1, 2014 to June 1, 2016.  I’d find the same suspect fraudulent recordings that would carry with them all sort of felony charges.  It is about time Wall Street and all of the players below it that are assisting in the facilitation of servicer fraud get their just desserts. I still want my time in front of the 9th Circuit Grand Jury.

I’m sorry folks … but the Osceola County Sheriff’s Department is NOT going to get away with their feeble investigative denials.  As the incoming politician, Mr. Gibson should take note.  Any subsequent investigation will probably be taken out of his hands anyway, because the rank and file subordination catering to his office: (a.) think that securitization is like an annuity; and (b.) don’t believe in investigating crimes that could point a finger back at them.  Admitting responsibility for error is simply something that one in power does NOT do.  This is what has divided America and this is what the voters in the majority have soundly made heard by putting a CEO in the White House instead of a Wall Street lapdog. Congress needs to wake up and realize this.  Ms. Ayala’s office is going to have to take the “bull by the horns” and wrestle it to the ground on its own.

On paper, the winner may have been Donald J. Trump.  But the next four years, with the rank and file still in positions of power in Congress, will still be “hell”, only now it will be “hell on steroids” with Republicans holding a majority in both the House and Senate.

The only saving grace is those who are exiting the current administration that were self-serving (or serving a socialist political agenda) … here’s a message from The Donald: YOU’RE FIRED!

Dave Krieger is the author of the books Clouded Titles, The Credit Restoration Primer and The Quiet Title War Manual, all available at CloudedTitles.com

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IF YOU THINK THE DECK IS STACKED AGAINST YOU IN A FORECLOSURE, YOU’RE RIGHT!

Op-Ed!

It pains me to have to read some of the posts on this blog, because I see that foreclosures are starting up again and many people are finding themselves without a clue as to what their odds are if they decide to fight, or not.  To that end, I’m posting my “Top 10” observations (not legal advice) here:

  1. You are not alone in your fight. Know that other homeowners are also considering the same options that you are, whether to “fight” or “flight” (run away, which 95% of homeowners do, spineless wimps).
  2. You will have to get rid of many ill-conceived misconceptions. Because we live in the “Age of Entitlement”, everyone thinks: (a.)  the bank did me wrong; and (b.)  I deserve a free house.  Wrong! You signed a contract and a security instrument!  No one held a gun to your head!  They dangled “the carrot” and you bit into it, hook, line and sinker!  You have to have a “Come to Jesus” meeting with you and your family and chuck all of these preconceived notions because without an open mind, you will dig yourself an even deeper hole!
  3. You have to understand that judges are homeowners too. Most of them probably still pay on a mortgage. This means you will have to understand how to overcome the conjecture and speculative arguments and derogatory comments that the bank’s attorneys (who have had years at this to perfect their craft) will make in court to sway the emotions of the judge.  You borrowed the money from someone, but maybe it’s not just “that guy”, your Honor.
  4. You at least have your day in court if you live in a judicial foreclosure state.  It really pisses me off when homeowners don’t show up in court and least say something!  You have your day in court as mandated by law, but sadly, 95% of homeowners freak out and run away.  The banks are counting on this. So are the courts. It’s a numbers game folks.  The less cases that judges have to hear, the better.  They know it.  I know it.  But you won’t know it if you don’t at least show up and say something!
  5. If you live in a non-judicial foreclosure state, you have to initiate proceedings to stop the sale of your home!  This means you either have to have a lot of time on your hands to do research or you will be like most of the 95% of homeowners who do nothing and wait for the county sheriff to show up and put you (and your family) to the curb.  Filing a Notice of Lis Pendens does nothing but “gum up” title temporarily.  Filing that means a “suit is pending” and if there is not suit, you filed a fraudulent document in the land records that could land you in jail, where you will do no one any good, especially those who depend on you for survival.  You are the Plaintiff and only a temporary restraining order will stop a foreclosure sale!  The burden of proof is on you unless you know how to turn the tables on the bank.  This is a fact, not legal advice!
  6. When it comes to foreclosure, apathy reigns supreme!  I have never seen a situation more tenuous where people become so in denial about life.  Instead of doing something about the scenario when it presents itself, many people go into this “woe is me funk”.  As a responsible American homeowner, that is really messed up.  Buying a home is one of the biggest, major decisions you will make in your life and most homeowners bit off more than they could chew (when credit was so readily available).  The banks are not all to blame.  They are crooks (true) … and I don’t trust them.  It’s bad enough that this election cycle gives us so little (the lesser of two evils) to choose from, but to have the banks controlling all of the behaviors of Congress and our presidents for the last two centuries is so appalling and what’s even more damning is that homeowners who have the power of the vote, do nothing.  So when you’re left with few choices in a time like this, remember, the collective body politic voted to set the system up this way.  The “system” has no mercy for those who think they’re “entitled” because someone else has to pay for it.
  7. The second wave of “foreclosure fraud” starts with unscrupulous foreclosure defense attorneys!  They’re out there and these are the types that want to make you their “monthly annuity”.  Foreclosure defense is big business and if you’re going to make monthly payments to an attorney to stave off a foreclosure, you’d better have an “end game”.  The real attorney will demand you have an end game before even taking your case and if you don’t have one, you’re likely to end up on the street anyway.
  8. Most people don’t even have an “end game”!  This is even more sad in a land where we have lots of hidden opportunities.  What I did when I looked at my own scenario, which I discussed in my book Clouded Titles, was to: (a.) examine my finances to see whether I could fight a foreclosure in the first place; (b.) look at my other options as to living scenarios (I had a rental property I could move into, which was becoming vacant, which made my choice easier); and (c.) I had to look at what if any equity I was giving up.  Most people took out 30-year mortgages.  I find 30-year notes to be a waste of time and money (in interest, which makes most of the 30-year period giving up little equity; just like renting).  I only do 15-year notes if at all anymore.  If you can’t afford the 15-year note payment, then rent! You may find yourself having a large yard sale and liquidating what possessions you don’t need and then using those proceeds to find yourself other “opportunities”.  The opportunities are there if you’d just look for them and stop whining about the dilemma you’re in!  If you think things are “hunky dory” right now, wait until the sheriff shows up and moves you out on the lawn.  Watch the “99 Homes” movie trailer if you want a real vivid picture!  (I still can’t watch it without tearing up and getting an aching feeling in my gut!)
  9. BOTH SIDES of the political aisle put this whole thing into motion!  If you think that either political candidate for president is the “right one”, think again.  When’s the last time you studied the Constitution?  If you read the manner in which the Founding Fathers set this country up, you would understand that Congress makes the laws, NOT the president.  Sure, the president may “influence” what laws get propounded, but the president’s job is to “enforce the law”, as the Chief Executive.  Congress voted to repeal the Glass-Steagall Act, not just one side or another.  The two-party system has failed us folks!  Your average congressperson is the bank’s “bitch” and has been for quite a number of decades!  The only way to stop this is to do what California and Illinois are doing to Wells Fargo Bank now … change banks!  The mega-banks got us into trouble in 2008 and nothing has changed.  Servicers are still robosigning documents and foreclosure mill attorneys are “in it up to their necks” in fraudulent documents in their reliance of such to steal borrower’s homes.   The whole thing has turned into one big criminal RICO issue and MERS is the platform, the business model, that facilitates it!  When homeowners wake up and smell what is really going on, AND DO SOMETHING ABOUT IT, then things will change, not until.  I moved all my money and investments out of the major banks, why aren’t you doing that?   The big banks are your enemy!  The faster you realize this, the better.
  10. It’s hard to be right when the government is wrong!  The government bailed out the banks.  This was all an artificial ploy upon the American taxpayer anyway, as the banks paid the government back.  Those who screwed the government out of TARP funds are being (or have been) prosecuted and put in jail.  The government is in bed with the banks, otherwise, you wouldn’t have 12 USC (Banks and Banking) passed as law.  The banks are the most heavily-regulated industries in the country, but we disrespect ourselves when we stoop so low as to “borrow money” from them and dig ourselves in over our heads and makes ourselves destitute (by design).  Those who borrowed to pay for their education are now financial “slaves to the rhythm”.  Sorry, but the government’s answers to everything are Hegelian in nature and were put there to make you a slave.  I can’t help it that you didn’t do your homework!   No one taught you any better.  No one taught you finance in school.  No one told you that you had to read the damned documents at the closing table before you signed them and if you didn’t understand what you were getting yourself into, then it’s on you. However, the government allowed this mechanism to be put into place for a reason.  This is why Snowden is now in Moscow.  The only person who can change their life destiny is YOU! 

The other side of the coin with Wells Fargo?  I wonder … given the 2-million or so phony accounts they set up … how many mortgages did they rehypothecate?   Congress hasn’t even started looking into that.   Chase has a patented template for creating “ghost accounts” ( jp-morgan-chase-rehypothecation-2 ) … makes you wonder what’s really inside the databases of the DTCC and Cede & Co. huh?  I know from talking to other homeowners that dummy mortgage loans have been set up too, not just bank accounts.  Maybe Congress is turning a blind eye, maybe they’re just ignorant.  Don’t blame me. You elected them.  And this is why I don’t trust banks!  You are a fool if you think that your money is “safe and sound”!

So, the bottom line here is … not everyone’s strategy is the same as everyone came from different walks of life, has different resources available to them and can think clearly under pressure.  Put all your fears aside and analyze your scenario and come up with an “end game”.   I don’t want to see you end up in a tent city.

 

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THE LAST QUIET TITLE WORKSHOP OF 2016!

BREAKING NEWS (from the poster)! 

For those of you who are planning to attend the Honolulu, Hawaii Quiet Title Workshop, please be advised of the following:

  1. This will be the last workshop of 2016 that Al West and I are doing together.  Either be there or miss out.
  2. This will be the last quiet title workshop that Al West and I are offering to the general public, due to lack of interest.  So, this is your last opportunity to have a powerful think tank at your disposal.  You can get the information on the workshop by clicking on the following links:
  3. QT WORKSHOP_HONOLULU_REGISTRATION FORM  (Please follow the instructions on the form!)
  4. QUIET TITLE WORKSHOP FLYER_HONOLULU  (I would recommend using discount hotel services to book your room and airfare, as our group discounts have expired!)
  5. I have decided to go a different direction involving my consulting work, which means I will be handling more attorney-based cases involving investors and homeowners who have retained counsel that is willing to accept consulting services; otherwise, I will only take cases on that basis.
  6. I am not a lawyer referral service; however, I can assist you in vetting attorneys, once you find them.  This will be done on a conference call basis for a flat fee of $75.00, payable by credit card in advance of the conference call.
  7. You can still purchase The Quiet Title War Manual, Clouded Titles and The Credit Restoration Primer from the Clouded Titles website.
  8. The online COTA Workshop is still in development and probably will not be ready until 2017.  If I become aware of any COTA Workshops being hosted by other entities in the future, I will inquire as to whether the folks who monitor this blog will be allowed to attend, at which point I will post the information accordingly.
  9. Any referrals to other consulting services outside of my immediate concern are the responsibility of those parties wishing to contact and contract with those services.  I no longer am working with outside parties who may or may not have further useful information to help you with your case.
  10. The rates on my COTAs now start at $1295.00 and go up from there.  I have a “full plate” and anticipate having a full plate for the next 3 years.  Despite what the banks, MERS and law enforcement have attempted to do in smearing me all over the media, with the help of a few self-proclaimed “investigators” who run  websites that state I ripped off the U. S. Government, I am still economically intact and am not going anywhere.  The Orlando Sentinel’s Henry Curtis got his story all wrong and was probably paid off by someone to write the article against the Osceola County Clerk in the first place, which makes his brand of journalism shoddy and unreliable at best, about as unreliable as you can get.  Any news outlet that would hire him would be a huge mistake and a disservice to the public at large. The current Osceola County Sheriff STILL isn’t running for re-election and the 9th Circuit State’s Attorney who refused to investigate the Forensic Examination commissioned by the Clerk was defeated in the Democratic primary last August.  The voters have awakened!

That being said … 

  1. I will still continue to post updated information on this site.  Once the online workshops are up, please note they are general in nature and are only there to help you formulate your research in conducting chain of title issues and will not offer legal advice, attorney referrals or any other subject matter information that is not relevant to chain of title.
  2. I will still continue to be the “foe” of MERS, MERSCORP Holdings, Inc. and the banks.  I am sick and tired of them and wish they were all in prison.  Unfortunately, the United States Government is in bed with the banks; yet the average, uninformed consumer still chooses to participate in impulse buying of homes they are NOT entitled to and cannot afford; thus, the same nonsense that plagued us in the 90’s and the millennia will continue to plague us for at least the next decade as the banks continue to water down the Dodd-Frank Act through their lobbyists.
  3. If you wish for Al West and I to come to your city to conduct a Quiet Title Workshop, there are firm parameters you will have to follow. You will have to guarantee 30 paid attendance for the event and the rate will be higher than what we normally charge to do a workshop and you will have to pay our travel to and from the event, plus meeting room and hotel rooms. No exceptions.
  4. I am still working on the FDCPA book.  This book is going to be a powerful think piece, in addition to all of the case citations, strategies and legal attack plans placed within this work, based on previous history of those who have been successful in such actions.  This has become the most formidable attack plan against the servicers and their law firms who lie in court about who they truly represent.  Yes folks, we are knee deep in servicer fraud.  In my estimation, the named plaintiff in a foreclosure suit does not know they’re the named plaintiff!
  5. The federal court systems (as well as the state court systems) are corrupt as hell!   Sure, there are a few judges out there that get it academically, but until you do your research and bring an adequate “game plan” to the table, all of the bad case law will continue to screw things up in the legal system because people may be mad, but they’re still unprepared financially and in all aspects of their education involving legal matters.
  6. Most attorneys have figured out how to scam homeowners for monthly payments and give them nothing in return.  I am still getting email from homeowners who are concerned that they may have picked the wrong attorney to represent them.  I am not an attorney referral service, but I have a few that I work with that I have found to be reliable.  If you have started your litigation pro se however, they may choose not to work with you.
  7. Please do not contact me about TILA and RESPA issues. That is not my focus.  There is narrow case law in these areas and you still aren’t going to get and free house, despite what anyone tells you.  I have been contacted by United States Treasury Agents regarding certain claims made by firms who tell consumers that all they have to do is file a rescission and they get a free house.  Unlike what happened to me 20 years ago, it is not me that is the target here.
  8. I will continue to do county land record audits.  If you know of someone who needs (or has indicated) they want one done, please let me know. If you’re in California, Al West will show the County Recorder how they can get a county land record audit done without the charges coming out of their budgets.
  9. Al West and I are still working on projects together.  Al West and I will be at the U.S. 9th Circuit Court of Appeals hearings on MERSCORP v. Robinson.  Yes, I authored quite a bit of the reply brief and I am very well aware (as MERS is) of the fact that MERS sent a mole in to bug our Las Vegas Quiet Title Workshop. I found out about that from information supplied to me that originated through a federal judge in Maryland. It would appear to indicate to me that the folks at MERSCORP Holdings, Inc. (and the U.S. government) understand that I am “not going away any time soon” … and if I do, it will be by their hand and their doing and not mine!  We are still coordinating efforts regarding certain AWL and ABC mortgage loans. We are also handling IRS Whistleblower cases!
  10. In certain matters, I may also be testifying in court. This still does NOT make me an expert witness. Please do not contact me to testify at your hearing or at trial.  If subpoenaed without my knowledge or consent, consider me a hostile witness ab initio.  I still want my day in front of the grand jury, be it state or federal.  I have a lot to tell them and show them.

Beware of whack jobs that continue to dwell on what happened to me 20 years ago.  As attorney Lynn Szymoniak eloquently put it … “it doesn’t matter what he did 20 years ago, what matters is what he’s doing now!”  If Ms. Szymoniak didn’t believe in what I was doing, she would NOT have shown up to my COTA Workshop to lecture to the class.  Please support The Housing Justice Foundation.

Finally, when I’m done with the FDCPA book, I am going to pick up where I left off and finish the “other book” I have been working on … a book which explains in detail what happened to me 20 years ago, the American legal system, American politics in general, and why Americans are becoming polarized in certain aspects of society.  The U. S. Government will definitely NOT like what is in this “other book” (although it’s not as dicey as “Snowden”).  If you get a chance to see that movie … this man should be exonerated and not indicted.  He just sent a warning shot to all of you out there that think you’re “secure” when you’re anything but.

No, I’m not a doom-and-gloomer.  Like many of you out there who are evaluating your future plans and strategies, that is a wise move in my book. Remember, the U. S. government is paranoid as a whole and government employees believe everything Uncle Sam tells them.  I have found trusts to be quite handy these days.

 

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