Tag Archives: Clouded Titles

TEN YEARS LATER … HAS YOUR DEFINITION OF “INSANITY” CHANGED YET?

(OP-ED) — The author of this post posits these comments based on his own observations and none of this should be construed to be legal advice. For the record, the definition of “insanity” is … doing the same thing for the next 10 years you did the last 10 years expecting different results. 

Who would have ever thought that me breaking my foot would steer me down a path of moral concern, that is, America’s foreclosure crisis based on phony documents?

The Beginning of Insanity

It all began in mid-2007, when, quite by accident, I was surfing the county clerk’s website looking for details on my Texas property and discovered repetitive references to Mortgage Electronic Registration Systems, Inc. (hereinafter “MERS”).  I had no idea who MERS was until I started doing further research into this entity only to discover this electronic database had been around since at least 1999.  It didn’t even occur to me that MERS was a brainchild of the banks because at that time, there wasn’t much information out there because the lawsuits that have made the annals of American history were not made manifest yet.

I also had no idea that MERS and the banks were working hand in hand to further their “case wins” in courts by posturing MERS as some sort of legitimate “party” that had the right to foreclose on property.  I only discovered this in 2009 after I started doing serious research into security instruments and all of the accompanying documents that littered the land records across America in the wake of the financial crisis of 2008 and the previous redux of securitization, which finally reared its ugly head in a way that most Americans could understand.  It was at that time I started to develop what would later become the Chain of Title Assessment (COTA).  How the documents interrelated to each other became more important than the actual information contained within each document because a pattern of behavior became obvious which was worth doing more research on.  That pattern of behavior was recorded assignments being placed within the land records just prior to a foreclosure being commenced on any given piece of property in America.

By mid-2010, I had a specific pattern identified and was able to develop a COTA checklist based on that pattern of misbehavior.  The pattern was not just a making of the law firm or the trustees attempting to enforce security instruments.  It became obvious later on in the game that the law firms and trustees actually were doing the bidding of the mortgage loan servicers; however, that realization did not come until AFTER Clouded Titles had been published (in December of 2010).  It was not until mid-2012 that things began to surface that would lead me straight to identifying who was behind all of the chicanery that enveloped all 3,041 of our nation’s real property records.  At that point in time, I had already established a working relationship with several Texas Clerks and had lectured to their Clerks’ School, sponsored by the V.G. Young Institute for County Government.  Williamson County Clerk Nancy Rister and Williamson County government were the first to attack MERS and the servicers and third-party document mills head-on in a land record audit, which was formally released in January of 2013.

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

Judging by MERS’s reaction to the audit, I knew we were onto something. MERS went out of its way to try to debunk the 179 pages of damning assertions that the mortgage loan servicers and their third-party document mills were the ones behind all of the false and misrepresentative statements we would soon come to identify in the hundreds of COTAs I would being conducting since Clouded Titles was released.  Reporters kept telling me that MERS claimed it did nothing wrong and my reply was, “Then why is everybody suing them?”

A Big Mistake

The chain of title assessment (COTA) has been referenced as a “chain of title analysis”; however, through whatever name you want to give it, the research that goes into a COTA makes it a report, an investigative piece if you will.  By the time that the mortgage loan servicers agreed with 49 states Attorneys’ General to stop production on fraudulent documents, word had spread not only to the legal community but also the public at large, that this chicanery was widespread. Foreclosure victims became outraged at the thought of being defrauded through the illicit use of the land records.  It was at about that time that the COTA hit the courts.  Reliance on a COTA in a court of law or of equity is a huge mistake as many have discovered.  Proof of that will be made manifest in this post.  By the time homeowners and their attorneys ran screaming into court about the “fraud” in the documents, MERS and the banks had already set case precedent that the contents of the documents could not be challenged because the borrowers were not “third party beneficiaries” to the assignments and therefore had no right to challenge.  In my opinion, this lame excuse of not benefitting from the assignment was a ploy to gain favor with the courts, whose judges went along with the argument because the homeowners’ attorneys had no comeback to the argument.  The big mistake however, was the misuse of the COTA and the laziness of homeowners’ counsel to conduct proper discovery.

Many litigants ran into court with their research and attempted to use it as “evidence” to prove their theories that they were defrauded by and through the use of “fraudulent documents” recorded in the public records. Once such case involving this posts’s author manifested itself in Texas on November 25, 2013, in the same year that the Williamson County Real Property Records Audit was released.  See the case below and pay attention to the references on Page 4, where this author’s name is mentioned:

Brown v BANA_Tex 5th App Dist No 05-12-01382-CV (Nov 25, 2013)

Quoting my name and my book and making references to it is not PROOF as the Appellant soon learned the hard way.

During the time span from the time this case came out, Clouded Titles had been on the market for three years and had expanded from its 254-page original version to 432 pages (not the Mayday Edition, which is the revised final version). I knew that judges and attorneys were aware of it … and not just because of its consistent use in the courts.  By that time, the Circuit Clerk of Osceola County, Florida, Armando Ramirez, was introduced to the book and was encouraged by the public to make contact with the author, which led to the commissioning of another land record investigation, which was conducted roughly 90 days AFTER the mortgage loan servicers vowed in writing never to launder the land records with fraudulent documents again, as shown below:

OSCEOLA COUNTY FORENSIC EXAMINATION

The author of this post, once this document was made public, was attacked by the media in what appeared to be political retribution against the Clerk of the Circuit Court (Ramirez), who was again elected to his Clerk’s post in a majority vote the following election cycle.  However, this time, MERS did not play a role in the politicizing and demonizing of the report, which had an attorney opinion letter attached to it like the Williamson County report did.  Instead, the media and foreclosure mill law firms jumped into the fray, slamming the Clerk for spending county money on a report that they maliciously called a “foreclosure audit”.  Again, misuse of the COTA.  The Report issued to the Clerk was just that … a Report outlining the abuses that continued in his own land records from June 1, 2012 to June 1, 2014, well after the mortgage loan servicers agreed to stop putting false and misrepresentative documents in the land records, where they still appear to be continuing on through today!

The Bigger Mistake

What’s even worse is that a lot of wannabe “investigators” who claimed that their research was solid proof did not pass muster in other cases.  As I will demonstrate in the upcoming Chain Of Title Assessment Workshop, to be held online on the Clouded Titles website starting on February 1, 2020, this author has been pontificating all through the ages that Chain of Title Assessments (COTAs) are NOT EVIDENCE in court, despite the ignorance of litigants and their attorneys.  In this workshop, the author will cite a U.S. Supreme Court case that clearly identifies a COTA as research developed from multiple sources and compiled into a report, which this author has constantly maintained is to be used for case development and not as evidence in of itself.  But given the desperation of homeowners, along with the mistakes made by these alleged “foreclosure rescue services” that claim the COTA is their Holy Grail in order to make a buck, these assessments are STILL NOT EVIDENCE in court, as the most recent case out of Idaho demonstrates:

Losee v Deutsche Bank Natl Trust Co, Sup Ct Idaho No 45721 (Nov 29, 2019)

Do you see the date on this case?  It was just issued the day before this author published this post! 

What in the hell are these people thinking?  If I have maintained that a 1943 United States Supreme Court ruling by this nation’s highest court mandates that COTAs cannot be relied on as evidence, why are these wannabe investigators and their litigants ignoring it?

Previously, much to my chagrin, I’ve warned attorneys NOT to waive my COTAs around in court.  One of them did in a Houston federal court and got screamed at by the judge.  This is where the joke about “judges screaming my name and it wasn’t during sex” evolved from. (“Who’s Dave Krieger????!!!!!!!!)

One other attorney in Michigan was forced to let a judge see the COTA (by the judge’s own insistence) because the attorney kept referring to the document while making arguments in court.  Once the judge read the document (assumedly during his lunch break), he got an education, even though it was still NOT being offered as evidence, and ordered the parties to settle the case as he stated, “neither one of you are going to like the way I rule on this one!”   In the end, the bank got the house back and the homeowners got their money back and then some.  This still does not mean that the COTA is evidence unless the material within the COTA is vetted and relied upon by expert witnesses or utilized to craft discovery to go after the underbelly of the other side’s arguments.

I beg of you … please do not continue to misuse these reports.  These reports are meant as investigative research and proper discovery must be utilized to vet the research.  Simply walking into court and waving these reports around screaming “Fraud This!” and “Fraud That!” will get you nowhere.

To get a real idea of HOW TO do a Chain of Title Assessment (COTA) on your own, where you can get a real education, I am offering the first online COTA Workshop on Saturday, February 1st (2020), in 4, 2-part segments, from 9:00 a.m. to 1:00 p.m. Eastern Standard Time.  Here’s the schedule of the online classes:

Sessions 1 and 2, Saturday, February 1, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 3 and 4, Saturday, February 8, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 5 and 6, Saturday, February 15, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 7 and 8, Saturday, February 22, 2020; 9:00 a.m. – 1:00 p.m. (EST)

I have revised the COTA to take the purpose of the workshop out of the “business model mode” and craft it into the “consumer mode” for the purposes of giving you a basic education into the realm of document identification and research.  Click the following link to leave your email address in the blank space provided and the Registration Form will be emailed to you.  Once you are enrolled in all four sessions, you will be able to access the online workshop presentation (as it will be recorded for future use) on the Clouded Titles website!

The Definition of Insanity Needs to Change in Your World!

I can tell you with a certainty that mine has!  In fact, I use COTA research to make money in my real estate investing.  Had homeowners going through foreclosure been thinking about Plan B instead of trying to fight the inevitable losing court battle ratios, America might have had better case law than what it has now.  With the banks creating as much negative case law against homeowners and as tilted as the system is against borrowers who don’t pay their mortgage payments, it’s time to change your mindset and use the COTA to your advantage.  My workshop strategies have now shifted into the realm of COTA use to make money to survive instead of defending your home in a losing battle.

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WHEN JUDGES LISTEN … AND WHEN THEY DON’T!

(OP-ED) — The author of this post begs your consideration of the following foreclosure-related news item from the SE Texas Record (a journal published to highlight cases where the banks win and the homeowners lose, among other things) … for educational purposes only …

Notice the above Defendants?  

It should be well-decided among the legal community that suing MERS is fruitless, but people still listen to these half-baled arguments that MERS knew or should have known that its so-called “members” (which really are user-subscribers to the MERS® System) freely use MERS’s name (an acronym for Mortgage Electronic Registration Systems, Inc.) to assign notes and mortgages to anyone the servicers’ employees are told to assign them to, regardless of whether MERS really has any authority to do so.  Yet some attorneys are still smoking “legal crack” and are still naming MERS as a Defendant.

When will the legal community wake up to this grievous error?   MERS is a database run by Wall Street’s Intercontinental Exchange Inc. and NOT an entity with money or answers to anything.  An electronic database (nor its officers, of a shell corporation) are willing and able to give any plaintiff any discovery.  The real issue here is what the chain of title would have revealed if carefully analyzed.

Read the appellate ruling from the 1st Division of the Texas Court of Appeals if you like, for educational purposes only about how to get cases removed to federal court, where the federal judges (who are appointed for life) bend you over, screw you with no lube and hand you back to the state court after you beg for mercy.

Hernandez v MERS et al, 1st App Ct Tex No 01-18-00468-CV (Oct 22, 2019)

While not attempting to be so graphic, can you imagine the money these folks spent trying to stay in their home, to no avail?

Notice two of the Defendants … LSF8 Master Participation Trust and Caliber Home Loans, Inc.?  These two are married in a third-world debt collection scheme to screw homeowners.  LSF8 is no more of a trust than the LSF9 that this blog posted recently lost in a court battle in West Palm Beach, Florida at roughly the same time and space in the foreclosure world.  This is why I call it the “LSF8 (or 9) Masterbatory Participation Trust” because these jerk-offs do nothing more than spin third-party debt sell-offs into a package they claim is a “trust” but is nothing more than junk, defaulted mortgage loan pools and then call them “equitable instruments” and using their phony documents (where they incorporate MERS into the equation) to steal people’s homes.  U.S. Bank didn’t suffer any harm here because U.S. Bank as Trustee didn’t really pull the trigger.  Caliber Home Loans did.  I’ll bet if you looked at these folks’ assignments, Caliber Home Loan employees were using MERS to convey these toxic assets into these debt pools for the purposes of foreclosure … and they do it within the time frame that homeowners could challenge them anywhere.  In Texas, the state’s Civil Practice and Remedies Code (§ 16.033) allows you to challenge a recording that is less than two years old … and I can tell you … Caliber is stupid enough to file stuff within that challenge timeframe because it wants to steal your home, by any means possible. They’re greedy, remember?

MERS, Robosigners and Perjury

Sadly, these attorneys don’t realize that anyone signing as an “Officer” of MERS has to have a $5,000,000 fidelity bond and an errors and omissions policy covering their signing activities.  That requirement is mandated under MERS Rules of Membership for all robosigners.   So why aren’t these robosigners being sued in a Cancellation and Expungement action and made to produce these documents to prove they’re a legitimate, bona fide, MERS “Certifying Officer”??? (which is a joke in of itself) because these people have no idea what they’re signing at any given moment.

In my world, we don’t sue assignees and we don’t sue MERS.  We sue the robosigner and the notary (if the notary doesn’t have a bond) on the assignments, because the devil is in the details within the assignments, NOT THE NOTES!  When you start arguing NOTES, you lose because judges won’t listen.  Judges don’t care about assignments in foreclosure courts either.  If the party bringing the foreclosure has the note (somewhere in their possession), that’s good enough for the judge. How they got the note doesn’t matter to the judge either.  The judge just wants the case off their docket and YOU are nothing more than a statistic to them.  They can go home and sleep at night, knowing they put you out on the street, because they were simply doing their jobs.

In any scenario (and I don’t care what foreclosure defense attorneys have to say about it), MERS should never be a defendant. The parties who sign the assignment have a different story to tell (other than the stories MERS vomits in court).  These people are minimum wage employees (generally) that randomly sign hundreds of documents a day into these junk debt pools, because they can’t be foreclosed on and sold any other way.  The chains of title are so screwed up that it would take an Einstein to figure out how to quiet them in a quiet title action.  Sadly, they sell these junk debts to investors who buy them (like Fannie and Freddie’s crap) who attempt to peddle them or turn them into the nation’s rental pool.

Most people don’t recognize that if you hold the robosigner’s feet to the fire, you might find out that:

  1. The law firm doing the foreclosure had something to do with the manufacture of the assignment (subornation of perjury);
  2. The person signing the document as an officer of MERS didn’t have the required fidelity bond and E&O policy (lack of authority, perjury);
  3. The notary who acknowledged the document was part of the bigger picture in the scheme (notary fraud, false swearing); and
  4. The attorney bringing the case to court knew or should have known about the chicanery behind the scenes (especially if the law firm had the document returned to them after the dastardly deed was done).

All 50 states have laws against perjury on the land records … and they are all felonies.  Some states have stronger laws that recommend that these false documents be turned over to prosecutors to have these robosigners “dealt with”.  Yeah, right.  This is America.  No politician (dressed in district attorney or state’s attorney’s clothing) will risk their asses prosecuting someone connected to the scheme of things because they might find out the real truth … this stuff occurs on a grand scale all across America!

My take on this is doing a cancellation and expungement action on the phony document BEFORE the case gets to foreclosure. Ah, but wait!  We all sit idly by and don’t bother checking the land records for clues, do we?  Part of America’s complacency, I guess.

This is the sad state of America.  This is why you should NOT deal with banks and other financial institutions who sell their paper into the MERS® System.  Portfolio loans, owner finance on a clear title or nothing. Your choices are few.  Make good choices.

Coming to the Clouded Titles website in February … ONLINE CHAIN OF TITLE ASSESSMENT CLASSES … stay tuned!

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

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

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

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

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

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

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

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

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

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

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

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

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

The culprits … 

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

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

The potential targets … 

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

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

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

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

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

California attorney Tim McCandless was recently quoted as saying:

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

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

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

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

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

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

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

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

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

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

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

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

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

Just a thought.

 

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U.S. SUPREME COURT NARROWLY OPENS ANOTHER DOOR TO PUNISH FALSE EVIDENCE!

(BREAKING NEWS – OP-ED) — The author of this post is a paralegal and consultant to trial attorneys on foreclosure matters; deals in cancellation and expungement actions and chain of title issues and thus, the material discussed here, while appearing to be a “breath of fresh air” for homeowners fighting foreclosures, is still an opinion NOT to be considered legal, nor should it be construed to guarantee any type of legal outcome or advice.

On June 20, 2019, the United States Supreme Court opined (through Justice Sotomayor) in McDonough v. Smith (see the ruling here: McDonough v. Smith) that the 3-year statute of limitations for bringing a civil rights claim under 42 U.S.C. § 1983 does not begin to run until the case against McDonough was terminated.  All of the legal pundits have thus jumped into the argument, declaring that this ruling could also apply to foreclosure cases, while others say the ruling only applies to law enforcement officials acting under color of law.

The case surrounds an attack by McDonough (a New York county elections commissioner) against prosecutor Youel Smith for allegedly fabricating evidence (testimony) used to indict him before a grand jury.  The trial ended in a mistrial. Smith then allegedly elicited fabricated testimony again in a second trial, which ended in December of 2012, with McDonough being acquitted of all charges (of forging absentee ballots in a Troy, NY election).

Again, the Supreme Court (as it did in Obduskey) narrowly ruled on the matter.  In this case, it was the statute of limitations for bring a civil rights claim for deprivation of rights, ONCE THE CASE HAS CONCLUDED.  In short, this post’s author deems it necessary to posit that the intention of the Supremes was to indicate that one cannot bring an action (involving a foreclosure matter) until the case has reached Final Judgment.  Then, and only then, can the matter go “federal”.

In this case, McDonough was deprived of his liberty, because he was falsely arrested and detained; thus, depriving him of his liberty (because he was charged using false testimony, which he later discovered).  Thus, when acquitted, he brought the civil rights claim against the prosecutor.   This is where some in the legal community say that a deprivation of rights brought under “color of law” only applies to “law enforcement”.

However, was the prosecutor also an “officer of the court”?  For that matter, aren’t all attorneys licensed by their respective state bar associations “officers of the court”?   Courts address matters at law and in equity.  “In equity” clearly points a finger at foreclosures and that slippery slope we call, “phony assignments”, fabricated for use in getting a positive outcome for the bank’s servicer bringing the foreclosure action.

It’s bad enough that this case exposed wrongdoing by the prosecutor, but to say this doesn’t apply to fraudulent documents placed within the land records of all 3,141 boroughs, counties and political subdivisions across America is at best, only slightly diminished based on the violation of criminal statutes.   In this instance, the validity of the claims against McDonough, even though he was acquitted, are still claims.  There is no doubt that the false testimony was later discovered and applied to the case, resulting in a mistrial.  On the second go-round, these same factors resulted in an acquittal.

In this case, McDonough alleged Smith falsified affidavits, coached witnesses to lie and orchestrated a suspect DNA analysis to link him (McDonough) to relevant ballot envelopes.  Now … apply that to foreclosure mill lawyers, who are also “officers of the court” in relying on suspect assignments that could be shown to contain false and misrepresentative information, in order to wrongfully obtain a final judgment of foreclosure (in a mortgage state); or in deed of trust states, to claim their Trustee’s Deed was valid and forthright … obtained without blemish.

The question in this case is WHEN the statute of limitations began to run.

The case mentions nothing about applying civil rights claims to foreclosure actions.

You can be sure that the bank’s attorneys will bring this up if you attempt a 42 U.S.C. § 1983 (or § 1985) claim against the attorney, an officer of the court, for allegedly bringing forward (relying on) evidence later shown to be false and misrepresentative.  Further, the attorney for the bank/servicer brings forward (through his/her own mouth) continued disparaging remarks about the “deadbeat homeowner”, to elicit an emotional response from the judge, who then pronounces judgment in the bank’s favor, because, well, we can’t let phony documents stop “the system of things” from screwing homeowners out of their properties now, can we?

Prosecution of a foreclosure is an in rem action that sounds in equity, while the introduction of fabricated evidence (the phony assignments and affidavits produced in tandem with the foreclosure complaints) smack of “common-law malicious prosecution”, defined in this case, as deprivations of a “Constitutional right”, caused by the prosecutor’s malfeasance (of office) in fabricating evidence.   When applying this to foreclosures, is an “officer of the court”, appearing on behalf of any entity, political or otherwise, still an “officer of the court”, bound by the same code of ethics as criminal prosecutors?

This case was a criminal proceeding, not a civil matter … but …

Another argument for the legal pundits to say this case only applies to “law enforcement”; however, on the back end of the ruling, the following statement appears:

“The better course would be to dismiss this case as improvidently granted and await a case in which the threshold question of the basis of a “fabrication-of- evidence” claim is cleanly presented. Moreover, even if the Second Circuit were correct that McDonough asserts a violation of the Due Process Clause, it would be preferable for the Court to determine the claim’s elements before deciding its statute of limitations.”

The foregoing statement came from the dissenting opinion of Justices Thomas, Kagan and Grouch.  If we were to apply that standard, and deep-dive into the elements of the cause of action itself, then we would have to squarely apply the law (42. U.S.C. § 1983) as it was written:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

The foregoing federal law specifically says, any “person”.  Does that single out “law enforcement”?  Or does it mean, a foreclosure mill attorney too?
Notice how the word “citizen” in line 2 of this statute is in lower case.  Now, now … you Sovereigns that think that everything that starts with a Capital “C” means you and anything that doesn’t, does not apply to you … this statute applies to everyone.  That’s what our Founding Fathers and Congress intended for it to mean … ANYONE living within the jurisdiction where the crime was committed that was used to deprive (steal) their property.  If you’re going to maintain that Sovereign crap, you’re going to lose anyway.  Federal judges can apply state law too.  And they do.
Now … let’s examine the C&E as it applies here (and to those pesky assignments). 
If you do your homework in applying the foregoing statute, it clearly says you have “redress”, except when the action is brought against a “judicial officer” acting in their “judicial capacity”.  That could mean a foreclosure mill lawyer or a judge presiding over a foreclosure court.  BUT … and I mean to be clear here … it only applies if you brought an action for declaratory relief and the judge, knowing full well there was an issue with the document you allege is phony, and told you to piss off!   Then, it would appear that a “declaratory decree” (as described in the foregoing statute) “was violated”, NOT that it wasn’t available.  The C&E is rooted in (inter alia) a declaratory relief action.
This is why folks who recognize the viability of the C&E are buying up our DVD training kit and learning what’s involved in a C&E!  Understand that bringing this action, whether in an original petition or as a compulsory counterclaim (which in certain instances involving a foreclosure in the judicial realm becomes radically necessary), involves the issuance by a judge of a “declaratory decree”.  The right to bring a declaratory judgment action is available in state court.  If a judge is so inclined as to tell you that you can’t bring this action, when in fact it was available, does not appear to discount the applicability of this statute, to sue the judge for telling you to piss off.
The federal court would have to determine that: (a.) you are a citizen as described in the statute; (b.) this is a suit in equity and at law (if a tort was in play); (c.) a final judgment was issued against you that (d.) relied on a false document; and (e.) you brought a claim for declaratory relief and were told to piss off or that that kind of relief wasn’t available when in fact, it really was … THEN … AFTER THE FACT (that’s when the “damage” was done) … you have a right to bring the action in federal court.
The U.S. Supremes may have opened a narrow door for you (3-year statute of limitations) to reverse what happened; however, can you imagine the costs involved?   Given the heightened pleading standards invoked by the rulings in Iqbal and Twombly, you can’t just amble into court with lame-ass pleadings and expect to get anywhere.  You have to bring your action with “all your ammo” on the table.  You need hard proof.  Declaratory rulings can be utilized in federal court as well.  Even though federal law makes it “discretionary”, if you were to couple that cause of action with a claim for tortious “slander of title” (under state statute) and 42 USC § 1983, then you might have something plausible to go on.
A 42 USC § 1985 claim only applies to conspiracies involving multiple actors and would be harder to prove, unless you were suing the law firm, the robosigner and the notary who acknowledged the document.  The effort would be more expensive because you have more parties to serve and more pleadings and answers that have to be drafted and served.
The matter of “injunctive relief” may be hard to fathom in unwinding a foreclosure where the title to the property was transferred and sold to a third-party buyer.  Hence, you may only end up with “damages” as the result of the improper taking based on fraudulent documents.  Again, just walking into court and telling the judge the assignment is fraudulent doesn’t prove anything.  You have to do your due diligence and build a case.  You have to target the right individuals in order to procedurally succeed in the matter.

The C&E (cancellation and expungement) action is a game-changer (like this case), if properly utilized.  This is why attorney Al West and I put the training kit together.   You can view that kit on the Clouded Titles website shop and get one for your very own.  Heck … go ahead and share it with your attorney.  Everyone needs to know what we know.   We actually give you proof that it works!

And no … my response to this ruling is not an opportunity to push my training kit … however, 42 USC 1983 does in fact talk about declaratory relief issues, which is what C&E’s are couched in.  Something has to matter.  Otherwise, why fight at all?

 

 

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THE C&E, ASSIGNMENTS … AND YOUR RIGHT TO CHALLENGE THEM (PART 2) …

(OP-ED) — The author of this post challenges you to seriously think about this process, because it is virtually available to everyone in the United States who has ever had their mortgage loan securitized … even if Fannie Mae and Freddie Mac (the “aunt” and “uncle” the U.S. Government doesn’t like to talk about) are involved … 

Scenario … “The Punch Line”

In part 1 of this blog post, we talked about how homeowners were duped by table-funded mortgage brokers and DBA’s (fictitious entities) who claimed they were New York corporations when in fact, they were “storefronts” for the major lenders who made the “storefronts” the actual borrowers in your loan transactions, potentially rehypothecating those loans over and over again using your personal identifying information to sell pieces of your loans into bundles of pools of loans on Wall Street.

Party A runs “the smoke screen”.

Party B fronts the “investor funds” using non-compliant prospectuses that were signed under Sarbanes-Oxley that don’t matter to them anyway.

Party C plays completely outside of the MERS® System and really has nothing to do but sit back and collect residual income being a go-between prior to your loan allegedly going into a REMIC that’s been empty all along.

Party D plays the Trustee for the REMIC … and just sits back and collects his fees from what the servicer gets and turns a blind eye to your loan default.

Party E (empty promises) is the servicer who is robbing Peter to pay Paul’s debts and this is why entities like Ocwen have to go out and securitize $600-million in new paper just to fund Advances to keep paying the certificate holders of these REMICs so we don’t have another crash (like 2008).

Party F (meaning the ones who actually get f**ked) are the investors that actually bought into this crap.  They have so much money they don’t know what to do with it.  I sometimes don’t feel bad about them getting raped.  They deserve it.

So why is it that when we’re in court the judge ignores your comeback when you attack an assignment of mortgage or deed of trust for containing false and misrepresentative information?   The judge is waiting for the bank’s attorney to allege that you’re not a third-party beneficiary and that you can’t attack the assignment.  Aaahhhh …. but that’s the bigger lie!

You see … the title documents in the land records represent your chain of title.  If your chain of title is jacked up, you couldn’t sell your property if you wanted to in order to mitigate the lender’s losses, even if the lender could prove they’re entitled to the proceeds of the sale of your home.  This has been the bigger problem with challenging foreclosures, because the banks (via a vis their servicers) use the chain of title (through the MERS® System) to lie their way through the courts and the judges play along with it because … well … “we can’t hurt the banks”.

If a chain of title is unmarketable, what reasonable buyer would want to purchase it?

If a chain of title is unmarketable, it violates every state’s law that guarantees marketability of title!

If a chain of title is unmarketable, it’s because it’s vendibility is impaired (you can’t sell it).  No one wants to buy someone else’s problems … especially if the title is slandered (Hello?  …  Can you say “damages’?)

If the chain of title is unmarketable because it’s title is screwed up … title companies won’t insure it.

If it’s uninsurable, no one is going to sell it.  How could they?   If title companies do insure these properties, they’ll exclude coverage for the applicable errors!  You won’t get a dime on a title claim, while the title companies make off with your premium payment at closing!

If you’re in states where only the lien interest is sold (like in California), the banks get to kick the can down the road, and investors are stuck with nothing but screwed-up chains of title and they can’t do anything but rent the properties out because there’s no way to quiet the title without exposing the truth … and no one can afford to expose the truth because American Jurisprudence is tainted.

The reason I bring it up?

The Assignment has your name and your property’s references within it. 

Every state has a set of statutes that allow consumers to challenge the assignments, releases, and any other document in their chain of title that is “suspect” for false and misrepresentative information.   If you let the bank’s attorney get away with stating that you’re not a third-party beneficiary, then you have to ask yourself …

WHAT THE HELL DOES THAT HAVE TO DO WITH THE BOGUS INFORMATION IN THE LAND RECORDS?

This is why statutes were formulated to combat erroneous (many times deliberate) behavior in the creation of these phony assignments and releases.  The problem is … 99% of the attorneys don’t like doing declaratory judgment actions … half the time because they don’t know how!   This is why Al West and I did a deep dive into the assignments and Al West came up with the notion that cancelling and expunging the phony document would force the court to have to quiet the title. If you’re attacking the property’s title because it violates statute, how then could the lender foreclose?

You can’t break one law to enforce another law! 

This is why Appendix 11 of The C&E on Steroids! has all of those statutes in it!  If the document affects your chain of title, you have an “in” to attack it through declaratory relief.  All American homeowners are entitled to have a property that has marketable title and this is why these remedies were created.  American property owners need to wake up and realize what they’re up against here, because it’s not really that expensive a proposition to attack these assignments.  There’s always quiet title too … which is why we included that in the latest book, which includes an 8-DVD training video kit!

You want your attorney to know the truth?  Share this information with him (or her).  If attorneys knew the simplicity of doing a declaratory relief action, they’d have a whole new way to make a living without stressing themselves out over it. Did you hear that lawyers?   That’s why Al West (who is an attorney that uses the C&E  a lot in his practice) has graciously supplied a ton of exhibits for you to look at and glean from … it’s the best educational tool of the decade.

If there are over 500-million phony assignments and other bogus documents in the land records, why aren’t we doing something about it?

Frankly, if you can understand that when the crash hit and everyone found themselves upside down in their mortgage loans, 95% of them cut and ran … that’s why.  Someone has to carry the ball and pay it forward.  This may be your calling.

I assisted a Florida attorney in doing a C&E in a Release of Mortgage, which convoluted the title even further, designed to create a statutory violation while challenging the lender (3 cans down the road) to prove how the first lender paid off the original loan with refi money.  That too is in the book (pleadings and all)!

 

The training kit is here in limited supply.  I have 33 kits left in stock.  I do not know when we’ll reorder.  If you want to fight the good fight, then force the courts to make your property marketable again.  Until the courts deal with these title issues, you the homeowner are just helping the banks “kick the can down the road” … soon, we’ll end up as a nation of renters for sure, because only investors will own all the homes (at least that’s what they think).  They get stuck with the crappy titles and you get stuck being a renter!

Is that really what you want?

… AND HERE’S AN ADDED BONUS!

The folks who order this DVD training kit will get the new Robert Janes compilation of SHELLGAME MERS, the 2009 RULES and his latest white paper on defeating California foreclosures!  Included absolutely FREE!   

PLUS … I’ll throw in a copy of THE FDCPA, DEBT COLLECTION AND FORECLOSURES work as well … for use in fighting unscrupulous debt collectors.

That’s an extra $80 worth of useful tools to add to your arsenal

This offer will expire June 30, 2019 … so get your C&E training kit NOW!  

CLICK HERE TO ORDER!

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