For those who need more information about the October boot camp for Guerrilla Litigation Strategies, Dave Krieger will be hosting a live zoom call and it’s free (30 minutes). Here’s the link:
Tag Archives: Clouded Titles
A Must Watch Video if you’re facing Foreclosure!
IDENTITY THEFT CASES ON THE RISE!
And the IRS has reported a rising number of identity theft cases. In the 2024 filing season, there were 15,242 instances of fraudulent returns, indicating they were filed by scammers to claim refunds owed to other people. The agency prevented the issuance of more than $180-million in refunds related to these returns, 20% more than the number of confirmed identity theft cases during the 2023 tax season. If you think you’re a victim of identity theft, you can file an affidavit with the IRS on Form 14039.
The IRS will investigate such matters and they really do; otherwise, they wouldn’t be reporting on it.
Now let’s talk about another scam … this time in the foreclosure industry.
If your mortgage loan has MERS on it, your loan has been securitized.
MERS only benefits the mortgage loan industry, whose servicers are all members. When it comes to foreclosures, the lenders aren’t the ones behind it, paying all of the foreclosure mills. It’s the servicers that are retaining them to steal your house, in violation of the FDCPA.
Servicers cannot legally foreclose on your home on behalf of some trust. Trusts close within one year of the date they are started up. This is right in the Internal Revenue Code. If you believe you’ve gotten a bogus 1099 form from a mortgage loan servicer, you can simply Google the EIN number and find out. A lot of my researchers are using the Form 3949-A to report these bogus claims and this should be part of your research if you have a securitized montage. This is the servicer trying to take a securitized debt, which has already been converted into a security and turning it back into a legally-enforceable note, which is impossible according to the Internal Revenue Code. If you think you’re a victim, my research is telling me that you have access to this form, which I’m attaching here:
Your next best bet, especially if you think you might be foreclosed on, is what a lot of my researchers are doing, sending a QWR (Qualified Written Request) and DVL (Debt Validation Letter) to the servicer (at the servicer’s specific QWR address) … don’t be duped into sending those letters anywhere else! If your mortgage or deed of trust has a notation at the bottom that says Fannie Mae-Freddie Mac Uniform Instrument with MERS (or without MERS, either way), either one of these two entities probably owns your loan, or at least used investor money to fund it.
Not all attorneys get it either. Many of them say they do foreclosure defense, when in fact, all they do is delay the inevitable. They already know if they push enough paper, they can keep you in your home two years or more. One couple stayed in their home for over 10 years. It cost them over $100,000 in attorney’s fees and eventually, they got foreclosed on because the attorney didn’t know the truth. I’ve assisted authorities in getting one Texas attorney disbarred and am working on getting another one put out of business for falsely claiming he was a foreclosure defense attorney when in fact, the guy didn’t know his ass from a hole in the ground! You really have to vet these people, who most distressed homeowners retain out of desperation.
Remember, you can always contact me through my websites:
CloudedTitles.com or TheKriegerFiles.com to discuss your situation.
You can hear my broadcasts live on The Krieger Files, at LibertyNewsRadio.com from 9-10 a.m. Eastern Time, Monday-Friday. Today’s show is especially important given what happened over last weekend.
You can listen here for free!
All this information is FREE!
Dave Krieger live tonight on The Big Mig!
You can watch the show live tonight on The Big Mig’s Rumble Channel by clicking HERE!
The Krieger Files goes live tomorrow at 9 a.m. Eastern Time on LibertyNewsRadio.com. Dave’s guest is Alex Newman, videocaster, author and writer for The New American magazine!
Upcoming on The Krieger Files: Exclusive interview with Jeff Thigpen, Register of Deeds for Guilford County, North Carolina … on the trashing of land records by MERS and the banks … ICE … and how servicers have gotten clever in filing assignments and other fraudulent documents and Thigpen’s personal war against them! Every foreclosure victim needs to hear this segment!
A friendly reminder … about “copies”!
I was having a conversation with one of my team into the wee hours last night about these supposed Notes that are filed with courts around the country, claiming to be certified copies and signed off on with some anonymous initials. This is what judges rely on when they grant foreclosure on someone’s home.
How do they get away with it?
Because no one is thinking about the Negotiable Instruments section of the Uniform Commercial Code!
Section 3-501 et seq clearly talks about this. Every state has it in its codes under UCC.
Scenario #1:
You are in a deed of trust state (non-judicial). In order to stop the sale of your home, you have to file a lawsuit. Once you are “noticed”, usually by certified mail and then in the real property records with a Notice of Default and Election to Sell, you have so much time to respond.
This is where the QWR comes in. This is also where the DVL comes in. Pre-litigation discovery!
No servicer (who the two foregoing letters go to) will let you see the original note because they don’t have it. If the loan was securitized, the note and deed of trust were shredded when they were uploaded into the MERS System®, so the best you’ll get is a “copy” of the Note you signed.
So you’re preparing a draft of a lawsuit, asking for an injunction to stay the sale, eh? You’ll have to have some sort of discovery in the works, but wait! Doing this in court is time-consuming and expensive, which is why I like QWR’s and DVL’s. You send them to the servicer’s QWR address (specifically) … don’t send them to the servicer’s regular address (they have an address specifically for QWR’s) unless you want your requests to be ignored. It’s like getting the evidence in advance without discovery.
Scenario #2:
You are in a mortgage state (judicial). You’ve already received a Notice of Intent to Accelerate the Note.
This gives you “x” number of days to respond, because the mortgage loan servicer that is behind the scenes “doing the dirty” has retained the law firm to prosecute the foreclosure. While the QWR and DVL is a great way to slow down the progress of opposing counsel, you need to pay attention to the local court docket.
Once you’ve been served with Notice about being sued, understand that state and local court rules apply. You have “x” number of days in which to respond. Check the land records for the filing of the Notice of Lis Pendens because that’s the document that most attorneys claim just slandered title.
Normally, you check the copy of the summons and complaint to foreclose for the most damning information. You discover the Note attached with a stamp on it that says, “Certified Copy of” or something similar, signed off on with some title company executive’s initials. The first mistake is to ignore it.
The Copy and the UCC
To put it in simple terms … take a check, make it payable to yourself … now make a photocopy of that check (both sides), so the check looks as if it’s been copied (this is what the servicers do). Then take the copy of your check to your local bank and tell the teller you need to cash the check. What do you think the teller would say?
“Sorry, I can’t cash a copy of the check, I have to have the original.” Duh. She might even hit the silent alarm and you’ll be in leg irons in short order for attempting to forge a check. Copies don’t work. That’s part of a UCC term called “presentment”. You either have the original or you don’t. Why don’t attorneys simply explain to a judge this very scenario about taking a copy of a check to a bank and trying to endorse the copy and present it to a teller to cash and then wonder why the cops were called. Hello?
Just a thought.
Don’t you just love the days of technology gone by? The servicers are also very good at creating notes out of thin air too. If you suspect this is happening, you’ll have to cough up the funds to pay a forensic note examiner to look at your note and testify that it is a forgery.
Endorsements
This is another subject that fools a lot of people. Many times, the servicer will come into court through their attorneys and attempt to demonstrate the note has an indorsement-in-blank on it, which turns it into “bearer paper”, meaning that anyone who has the original with this on it can cash it. Did you get that?
You can’t cash copies … no matter what! Endorsements can be forged. Rubber stamps can be ordered to spec. Research into the stamps becomes necessary. Research into WHO put the stamps on the note is also necessary.
THIS CASE COULD NOT HAVE COME AT A BETTER TIME … LIKE NOW!
This is why I put out the Advanced COTA Workshop Kit on the Clouded Titles website. It’s full of research and litigation strategies!
Clouded Titles Blog 