Tag Archives: Clouded Titles
Remember the five “W’s”?
WHO: Clouded Titles author Dave Krieger, along with special guest retired attorney and former federal law clerk R. J. Malloy!
WHAT: We’re going through drafting content in the framing of an FDCPA lawsuit, and Ocwen is the target!
WHEN: Thursday, June 22, 2017, 8:00 p.m. (EDT)
WHERE: CloudedTitles.com (go to the webinar link and sign up)
WHY: Because Ocwen appears to have lied to everyone about its servicing practices. Twenty states and the District of Columbia have banned Ocwen from taking on new loan servicing accounts until they can prove they’ve cleaned up their shoddy bookkeeping practices.
HOW TO SIGN UP: Go to the Clouded Titles website and click on the webinar link and go to the shopping cart and check out. You will be sent a code in your email inbox that links you directly to the webinar, which will be recorded and archived for later use.
Don’t miss it!
BREAKING NEWS, OP-ED — UPDATE (JUNE 19, 2017)
The uniqueness of “kicking someone when they’re down” doesn’t even come to mind here, even in light of the dilemma I created for myself when I delivered a copy of the two-volume, 778-page OSCEOLA COUNTY FORENSIC EXAMINATION to the Clerk of the Circuit Court, Armando Ramirez on December 30, 2014.
This is one of the reasons why bad press is still “press”. Maybe Ocwen Loan Servicing LLC is delighting in all of this unwanted attention. As of today, it’s stock is still trading. I wish I’d have known in advance of the issues confronting the mortgage loan servicer would come to a head on April 20, 2017, as I would have seriously shorted Ocwen’s stock and made thousands of dollars doing it. Darn!
However, given the issues surrounding Ocwen’s reliance on one of its affiliates, Altisource (headquartered conveniently in Luxembourg) and Ocwen’s REALServicing platform, you can bet that there’s a good chance that any time Ocwen Loan Servicing LLC sends you a Monthly Mortgage Statement, it’s riddled with accounting errors.
Significantly, these errors can result in demands for payment which are erroneous and subject to civil liability under the FDCPA. If you are actually paying Ocwen money for these errors, based on these statements, later discovering you overpaid or your payments were misapplied to someone else’s account to make up for Ocwen’s accounting shortfalls, this could warrant a case for disgorgement.
I find it incredibly interesting that Ocwen Loan Servicing’s “Sweet 16” (who I call the Florida notaries who sat around a table in West Palm Beach, Florida and took turns “dummying up” documents that would be recorded in real property records all over the United States, further creating issues of clouds on titles to millions of pieces of real property all over America.
Turning to a recent post on this blog, I note that Ocwen’s “Contract Managers” and “Contract Coordinators” have that same ability to “dummy up” affidavits that claim Ocwen has the authority to do “this, that and the other”; however, without a Limited Power of Attorney to back up the significant claims that Ocwen employees make on these affidavits, one would be virtually in the dark on what actual authority Ocwen has to do anything.
(1) You can locate all of Ocwen’s Limited Powers of Attorney (“LPOA”)by going to the Palm Beach County, Florida Clerk of Court’s website and searching for “Power of Attorney (POA)” with Ocwen Loan Servicing LLC as the GRANTEE.
(2) You need to reach every single detail of these powers of attorney when you locate the appropriate one, as there are over 800 of them recorded in the Clerk’s database. Use the GRANTOR name to isolate your search (e.g., Bank of New York Mellon, U.S. Bank, HSBC Bank USA, N.A., etc.) and hone in on the LPOA that fits your date and time scenario, which specifically states WHICH REMIC is being represented in the LPOA. You may be surprised to find that Ocwen is limited as to what it can do (e.g., only manufacturing documents and not actually commencing a foreclosure proceeding). You may also find the LPOA has expired. It doesn’t mean they’re not still in the public record … it’s just that they’re expired.
(3) You need to specifically research the REMIC on the SECINFO.com website.
Get a complete copy of the 424(b)(5) Prospectus and SEC Form 15d and save them to file. In the search bar for the particular REMIC, run the name OCWEN in the search engine and see if anything pops up. Run the term “Sale and Servicing Agreement” and see what pops up. If you don’t find specific notations to any event relating to Ocwen, it means two things:
(a.) you will need to locate an LPOA that contains such an Agreement; and
(b.) if you can’t find the Agreement listed in the public record, you’ll have to obtain it in discovery under Request for Production of Documents.
This my friends, is legal research and case strategy, NOT legal advice. If you’re going to jump down rabbit holes, you’d better be prepared to dig deep!
If Ocwen is NOT allowed to enforce the terms of a Mortgage or Deed of Trust because you can show lack of authority vested to it … and you see the customary FDCPA language on the form they send you … then that would indicate, in asking for a sum certain, that they are in the business of collecting debts and thus are subject to the FDCPA. (This of course, has to be determined by a court of competent jurisdiction! I am not the KING of any Court, unlike some on the Internet that would posit such!)
When it comes to suing mortgage loan servicers like Ocwen Loan Servicing LLC, be aware that they have multiple sources to dip into when it comes to fighting their legal battles, even if it means dipping into other peoples’ escrow accounts for that money! This is why Ocwen wants your house! They will purposefully rack up so many servicing fees that by the time the house sells and they recoup their expenses, the entire proceeds of the sale is gone and the alleged “lender” Ocwen is supposedly representing, gets nothing.
But wait! The alleged “lender” got money from credit default swaps, default insurance and title insurance. In fact, we guesstimate about 6 different sources of loss reimbursement, not to mention the FDIC if that corporate federal agency is in play. Then, there’s the taxpayer. We won’t go there, for now.
So let’s say we sue Ocwen, for the sake of argument.
UPDATE: The second of four FDCPA webinars on the subject has been re-scheduled for Thursday, June 22, 2017 at 8:00 p.m. EDT. We will be doing something different in this Webinar, as R. J. Malloy will be walking through the process with me, step by step as we discuss pleadings development and purpose. This is truly a webinar you DON’T want to miss! For those of you who are confused about the price … EACH WEBINAR is $39.95! I cannot do all 4 for that price because of costs. If I did a live event in Orlando, you’d have to pay anywhere from $495 to $895 to attend a 1-day event, plus airfare and hotel, instead of paying a total of $159.80 for all 4 online workshops and this is a huge savings to you for the same education.
In the second of four FDCPA webinars, we have some new news to update you on about applications of the U. S. Supreme Court’s Spokeo, Inc. v Robins et al_ decision … you have to prove you suffered economic harm in order to make an FDCPA action stick. I know, it’s the nation’s highest court’s way of impeding class-action lawsuits! In a class action lawsuit, ALL of the Plaintiffs in the class have to have suffered a similar economic harm before the court will approve the class!
Look for signup information on the CloudedTitles.com.
BREAKING NEWS! UPDATE!
Clouded Titles author Dave Krieger will be hosting his first of four FDCPA Webinars, tonight at 8:00 p.m. EDT, including retired FDCPA attorney Richard L. DiMaggio, J.D., successful FDCPA litigator from New York, who will be taking questions on FDCPA-related concerns! This is a live webinar (that will be recorded for future use by all participants who register) that you can access over and over again, until you have firmly planted the principles of a successful FDCPA action in your thinking processes!
There is a right way and a wrong way to litigate FDCPA claims. In this first of four FDCPA-related webinars, Dave Krieger examines the flaws within the current system of litigation.
This webinar is a must for paralegals and distressed homeowners, investors and attorneys, as Richard DiMaggio, author of the new online newsletter, The Rich Report, will be entertaining questions in a live Q&A session following the FDCPA presentation by Dave Krieger, who will also be answering questions through the program moderator.
To register to attend the webinar (and receive your personal access code): CLICK HERE!
The webinar will run approximately 90 minutes in length (including the Q&A, unless extra questions keep us over). Be prepared to get a firm education and plan on taking notes! See you on the webinar this coming Thursday evening!
NEWS OF LATE! For those of you who wanted to attend online Chain of Title Assessment workshops … they are going to be offered shortly, in webinar form, with the course materials mailed to you in advance! Learn the fundamentals of chain of title analysis, issues involving MERS … and how it can help you strategize future litigation, in addition to discovering the issues within your own chain of title! This online course combines BOTH 101 and 201 section coursework and can be used by attendees to make a great sideline income.
BREAKING NEWS — UPDATE:
Clouded Titles author Dave Krieger and Quiet Title Attorney Al West will be lecturing at a 2-day workshop in Biloxi, Mississippi in July … the only workshop being held in 2017 … called END-GAME STRATEGIES!
This workshop is keyed towards investors (as it is being hosted by Lou Brown’s “StreetSmart” program); however, the readers of this blog have been extended an invitation to attend, whether you are a distressed homeowner, an attorney who wants some new ammunition in foreclosure defense and quiet title actions or simply interested in learning new strategies to hang the banks out to dry at their own game! This is the consumer litigation workshop you do NOT want to miss!
The two-day workshop is being held at the Treasure Bay Casino & Hotel (1980 Beach Blvd, Biloxi, MS, 39531; (228) 385-6000) on Thursday and Friday, July 13th and 14th, 2017 and features Clouded Titles author Dave Krieger and Quiet Title attorney Al West (who has beaten REMICs in court)! Mention you’re with the StreetSmart group for the group rate!
Here’s what you’ll get when you attend this event as a guest of Lou Brown’s StreetSmart program:
Every attendee to the workshop will be provided with a copy of the 512-page The Quiet Title War Manual, which contains some of the strategies talked about in the workshop, PLUS, an Investor End Game Strategy Workbook, containing about 400 pages of dynamite “end game strategy” material including 16 end game-specific working documents, never before offered in any previous workshops taught by DK Consultants LLC! Come get your head cleared in the fun and the sun and excitement and get ready for two days of jam-packed educational instruction, accompanied by an “End Game Strategies Training Disc”, enclosed with every workbook provided!
Here’s more of what you’ll learn in this two-day educational workshop …
- How to unhinge the foreclosing bank’s first lien position!
- How to properly use an LLC to monetize your rental property!
- How to cancel and expunge recorded documents that are interfering in your property’s chain of title!
- How to effectively utilize quiet title actions, even when facing foreclosure!
- How to fight the bank, post-sale, after the servicer has stolen your property!
- How to make bankruptcy your friend and ally rather than have it ruin your life for the next 10 years!
- How to effectively clean up your credit, post-anything … and so much more!
You will also learn HOW the mortgage loan servicers are screwing over American families and HOW they pocket ALL the money after they’ve stolen your home and sold it!
The closest airport is Gulfport, MS (GPT) and airfares are very reasonable to get to this vacation destination! You will have to take a taxi cab to the hotel (11 miles away) from the airport, as Uber is banned from pickup at the airport.
Again, the Clouded Titles Blog readers are invited to attend as a courtesy of Lou Brown’s investor group. All you need to do is reserve your room and airfare and get to Biloxi and be ready to roll on July 13th and 14th! In order to attend, please email your interest in attending (to get more information) by CLICKING HERE! You will be paying Lou Brown’s group to attend this workshop! When you email us for more information, we will provide you with a syllabus and the contact information to reserve your seat in this spectacular event! This is the ONLY event we will be doing in 2017! You have roughly 45 days to figure out HOW you’re going to get here!
As a side note, I have been asked whether this program will be offered for sale AFTER the workshop. The Answer is YES!
Lou Brown has a full camera crew at the workshop. He video tapes everything and will generally release a 10-DVD video set. This is what he did for the Chain of Title Assessment Workshop in Atlanta that I taught last year. For those who cannot attend, you can also participate in streaming video through a feed directly from the workshop. The END GAME STRATEGIES Workshop will be available on DVD about 30-45 days AFTER the program appears in July (13th and 14th) of 2017. However, the advantages in attending far outweigh the disadvantages of NOT because you get to ask questions and strategize live, rather than just watching 10 DVD’s and reading through roughly a 400-page workbook. As I stated previously, this is the only workshop that Al West and I are teaching this year. This is the time to act, especially if you are either a serious investor or have issues with your chain of title or foreclosure issues looming. The price of the DVD set is the same as attending the live event. Because it is offered through Lou Brown’s investor group, there will be no discounts, which is why I am recommending you attending the workshop and get your questions answered.