Tag Archives: Clouded Titles

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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Clouded Titles Author Dave Krieger to Guest Lecture at COTA Workshop for Investors …

In the first event of its kind, Dave Krieger has designed a special COTA Workbook for Investors and is presenting that as part of Lou Brown’s Quiet Title Profits seminar series on Monday and Tuesday, September 12th and 13th, 2016 in Atlanta.  Any investor wishing to attend this 2-day event will have to contact Lou Brown’s organization directly at (770) 939-8283.

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BOWEL TOLERANCE … AND OTHER CAUSTIC BILE AND RUMINATIONS!

BREAKING NEWS!

(Kissimmee, Florida) — Incumbent Osceola County Circuit Clerk Armando Ramirez staved off two challengers in the Democratic primary to continue his campaign in November, where it appears he’ll be running against an old Circuit Clerk, GOP contender Melvin Thompson, who Ramirez defeated in a landslide election the last go-round.  As you may remember, Clerk Ramirez retained DK Consultants LLC to conduct a forensic examination of the real property and court records in Osceola County, Florida, which was shunned by Florida’s 9th Circuit States Attorney Jeff Ashton (who also just lost in the Democratic primary to challenger Aramis Ayala, who Ramirez has formally endorsed), the Osceola County Sheriff’s Department, a handful of apparently biased media and Tampa Foreclosure Defense Attorney Matthew Weidner, who appeared on WFTV in Orlando during a news segment, not having read the entire report, indicated the Forensic Examination was “not worth the paper it’s printed on.”  Weidner conveniently ignored the attorney opinion letter in the last four pages of the 758-page, two-volume report, wherein foreclosure defense attorney Jennifer Englert (The Orlando Law Group) posited several more issues above and beyond what the report factored into the results.  Hon. Ramirez of course will keep trying to get action on the Forensic Examination, despite being chided by his opponents and the media.  With Ashton out of the running, if Ayala gets the nod in November, a new door could be opened for a revisit and investigation of the Forensic Examination.  Few grand juries across America have been empaneled to do the right thing, which is stop servicer fraud.  Unfortunately, Dem. Alan Grayson lost in his Senate bid and is now out of the picture.

This forensic examination has caused a shit-storm in political sectors up and down the Eastern Seaboard.  You may wish to find out why by downloading a copy of the Report here: OSCEOLA COUNTY FORENSIC EXAMINATION

BREAKING NEWS! 

There is roughly 45 days left to reserve your seat at the last DK Consultants LLC-sponsored Quiet Title Workshop (Honolulu, Hawaii).  You can download the flyer to this event here: QUIET TITLE WORKSHOP FLYER_HONOLULU and the Registration Form (which must be filled out and faxed to the number on the form) here: QT WORKSHOP_HONOLULU_REGISTRATION FORM.

This will be the last class that Dave Krieger and Al West are going to teach in 2016 (for the general public).  Any other workshops that the two will be participating in will be sponsored by other investor and corporate groups and CLEs (we are ramping up and taking the fight to the people who have money to spend in legal fees); thus, this will be the only opportunity you will have to get the tools you need to fight the banks in quiet title actions!  This workshop features two hours of live broadcast on The Foreclosure Hour, with Hawaii attorney Gary Victor Dubin, which will take place on his Sunday, October 16, 2016 broadcast and will consist mostly of information sharing, recap of the two-day event, accompanied by questions from the registrants and attorneys attending the event.  Again, this is your only opportunity to attend our sponsored quiet title workshop.  We are not planning to hold any more self-sponsored events.  

OP-ED!

As to the term “bowel tolerance” … my question is …

How much more crap is America going to take from the banks before it says “enough”!!????

I pondered the answer to this question, because the answers are many and everybody has one.

Do we need to resurrect public lynchings?  I heard that coming out of some quarters.  Others are predicting an internal conflict, marginally bordering a civil war or all-out revolution.  This is obviously what the DC oligarchs don’t want.  Once the shadow government kicks in, all hell will break lose in this country.   Then, America will find out exactly what the United States Government has been doing with all of the tax dollars it has fleeced off of the working poor.

The U.S. government is afraid of mainstream America, so it uses the media to lull it to sleep so it won’t see the “gut punch” coming.  The government knows Americans are well armed and, if taken to task, could open up a can of “whoop-ass” on DC.  All of those who obediently serve, blindly too I might add, are those rank-and-file registered voters who all participate in the Age of Entitlement.  What they simply don’t get is that someone has to pay for those entitlements and there’s only so much America will take before things get dicey.

It is alarming to understand how many prisons and detention camps this country has and what they were purposed for.  This is not a conspiracy theory.  A recent article actually shows an increase in the number of prosecutions resulting in prison terms in America’s smaller counties.  I am not making this stuff up.  Read it here: This small Indiana county sends more people to prison than San Francisco and Durham, N.C., combined.   I beckon you to research Operation Garden Plot and see what you come up with in your search engine! Whether this is an intentional counterintelligence piece designed to bring “people out of the woodwork” so they can be readily identified and “dealt with” (like Waco, Gordon Kahl, Randy Weaver … and the list goes on and on), or the plain truth about government abuse and mindset in DC about how “they’re better than us”.  Are we really goyim to them?

So, even if you’re NOT a troublemaker per se, what do you think will happen if the real “agenda” of the U.S. government is put into play? This could also indicate why moving to small town America, thinking you’re going to be “safe”, may end up being just the opposite of what you expected.  Small towns in America are like churches.  Everybody knows everybody.  If you want to find out about someone, just go to their church and nonchalantly start asking questions.  You wouldn’t believe how un-sacred information gathering is because America has evolved into one big reality TV show and everyone likes gossip.  Frankly, I don’t give a shit what the Kardashians are doing at any given moment because they’re not paying my mortgage … nor are they paying yours!

I know that foreclosures are on the rise because I monitor short sale activity across the country.  The banks use short sales as a delay tactic so servicers can scheme more fees out of homeowners and calculate HOW they’re going to foreclose on their properties. The problem is, most of the properties being foreclosed on have clouded titles!  Despite what national economists are regurgitating, the foreclosures are cyclical and follow a major rash of short sales.  Only 10% of short sales (estimated amount) actually end up taking care of the entire debt.  This is the continuation of the plunging of America into financial depression, through financial suppression.

Investors and first-time homebuyers looking “for a great deal” would do well to avoid REO’s.  Frankly, the banks need to pay for what they’ve done to America and I don’t trust any of them, do you?   By buying these title issue-infested properties, you are not only asking for unintended future consequences, you are putting money directly into the pockets of the servicers and their foreclosure mill law firms, who most of the time are NOT entitled to foreclose on the subject property in the first place!

I can tell you four things I’m doing right now to counterbalance my contribution to the overall problem:

  1. I have pulled out all of my investments in major banks, stocks that invest in RMBS or CMBS items and cashed in or withdrew and redeposited bonds, funds and CD’s that have come due into credit unions.  I do not have any checking accounts with any major banks!  I’d rather put my money into a small, community bank or credit union any day of the week, at least for the short term.
  2. Plan to go off-grid.  Florida voters have just passed the solar initiative (for those of you who want to know) and it may serve you well to look at the new Tesla Model 3 (electric car priced at $35,000), which can be solar charged on a trickle, right from your very own home-owned and charged battery packs.  Beats depending on foreign oil and rising gas prices, eh comrade?
  3. Reducing debt.  That would consist of re-evaluating all credit cards with high interest rates or that are charging interest at all (including cards that offer no interest incentives for a period certain that are about to expire), looking at their credit limits and either paying them off in full and closing them, or in the alternative, replacing them with no-interest incentive credit cards for the next 6-12 months.  Do away with all major bank credit cards.  If you think it’s great racking up air miles, think of the interest you’re paying to hold those airline credit cards and see exactly just how much money you save on airline tickets versus the interest you pay.  Bet you’ll be genuinely surprised after you do the math!   Those who are so deep in debt will probably add to the rising bankruptcy filings across America anyway, so in the alternative, it’s a strategy, right?
  4. Reducing inventory. Liquidating the stuff you absolutely are NOT going to need in the future.  Hoarders are going to hate me for this, but having too much stuff is of major “psychological concern”, because in time of disaster, you can’t take it with you anyway, so you might as well liquidate it for a price, even if it’s at a loss, and use the inventory reduction to pay off debt.

You may also wish to start exploring and traveling around America and other parts of the world with your liquidated gains, post-debt. You may find other locales are more suitable and to your liking and even more economically “feasible” to live within your means in. This also means you may wish to acquire acreage, plant a garden, have a greenhouse (for legitimate purposes), learn to can food.

Sorry, but every time a hurricane or major disaster strikes, you bet I have this thought process running through my head.  It’s called,
“Be Prepared!”  It appears America may be headed for a more serious economic downturn which requires a bit more strategic planning.

Scout’s honor!

(Feedback and discussion on this blog site is always encouraged, just don’t share your personal foreclosure cases on here!)

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FORENSIC COUNTERMEASURES, PART 4: FDCPA

The author of this post is not an attorney, but is a consulting expert to attorneys and paralegal who has drafted numerous FDCPA-related complaints. If you feel you may have a cause of action that is FDCPA-related, contact an attorney who is well versed in these matters.  If you intend to proceed pro se, at least do the research and get it right the first time!  Because this is not to be construed as legal advice, despite what you’re reading in this post, understand that the author the post is working on a new book on the FDCPA for good reason … it’s a new counterpunch!

 I cannot stress that research is the most important thing that matters when preparing to file any kind of lawsuit.  Most homeowners are so pissed off that the first thing they run into court with are fraud claims and these are the most difficult to prove.  In light of the fact that servicer fraud and the complicit behavior between servicers and the law firms they retain to steal homes is at an all time high, it becomes necessary to discuss a new and effective countermeasure: the Fair Debt Collection Practices Act (“FDCPA”).

Lazy or Ignorant?

What’s worse, it appears that most foreclosure defense attorneys do not want to employ the use of the FDCPA because it requires going into federal court, a place in which many of them are not familiar with.  Federal Rules of Civil Procedure and pleading standards are heightened beyond what are plead in state cases; thus, the lack of desire to approach that level.  However, that is where the FDCPA can be your best achievement.  Some homeowners are using the FDCPA to build a war chest to fight foreclosures and to scare off the servicers by making them and their law firm lap dogs defendants in an FDCPA action.  The more attorneys that come forward with 12(b)(6) motions, the more times I’ve seen the Plaintiff amend the Complaint to include the new attorneys, because after all, they appear to continue to proliferate the fraud upon the Court.  Most state-based attorneys wouldn’t want to engage in something where they actually have to “prove” something occurred.  After all, that goes against the business model of “getting paid to delay the end result”, which I think many of them believe is the final taking of your property.

Federal judges are smarter than state judges! 

At least most of the time.  There are a few “appointees” out there that are not fair, have an agenda or are politically motivated to rule certain ways. Fortunately for those living in the 2nd, 9th and 11th federal circuits, which is where a bulk of foreclosures are either pending or have occurred, these respective courts of appeal have properly ruled on FDCPA-related actions. Unfortunately however is the fact that unless the pleadings meet the requisite heightened federal standards, they won’t pass muster, even with the judges that have a proverbial attitude against homeowners.

Strategic planning for an FDCPA action … 5 simple steps:

  1. The one thing that research has shown us is that if you’re going to do an FDCPA action, stick to FDCPA and nothing more.  Don’t plead fraud claims. Don’t plead damage claims and most of all, don’t plead common law claims unless they relate to FDCPA claims (like fraudulent concealment or misrepresentation).
  2. It doesn’t matter how many FDCPA claims you have, stick to those only.  When writing pleadings, I like to draft them like an indictment. Most federal judges understand indictments.  If you have a problem understanding what I’m talking about, Google” indictments” and read HOW they are plead.  “Structure your complaints like indictments”, is what one attorney (who clerked for a federal judge after getting out of law school, for many years, and knows the system) I work with has stated.  Truly, it made it easier for me to “get it”.
  3. Do the homework required when it comes to statutory citations. Don’t skimp.  Here’s where you’re going to have to precede the actual claims with general allegations that tell a story.  Attach as many supporting exhibits as you need to.  The exhibits should include at least the page that is the one that is clearly misrepresentative (I attach the entire exhibit, including the envelope the exhibit came in).  If you don’t tell the whole story, then how do you expect the allegations to reinforce the FDCPA claim itself?
  4. Study the case outcomes of others in your district who have gone before you.  There’s nothing like making bad case law, again.  Find out HOW the homeowner (or his attorney) failed to meet the heightened federal pleading standards, especially if you can find where the case was appealed.  Look at the strength of the cases that were reversed by the appellate circuit and study WHY they were reversed.  Look at all of the issues that were plead.  You’d be surprised to find that the simplest of claims that could have been plead, weren’t … and that’s what caused the failure.  When you know why cases failed, then you can begin to understand those that were successful.  Study BOTH sides of the coin!
  5. Study 28 U.S.C. … Federal Rules of Civil Procedure, regarding statutory pleadings.  Study all of the elements of case presentation.  Study the requirements for discovery.  Understand what “scheduling orders” mean and are used for.  This is where both pro se litigants AND attorneys screw up.  If a mandatory settlement or case management conference is required, you had better damned well be paying attention, or you’ll find yourself out of a case or postured to where there’s no turning back, resulting in more bad case law.

Subscribe to PACER if you have to!

If you need to do step-by-step case research, then you may have to subscribe to the PACER system.  This is the federal docketing system for each case that has ever come into federal court.  You want to be FDCPA specific.  If you need instructions to use the PACER System, CLICK HERE: pacer manual.   The quicker you can learn how this system works, the better off your understanding will be when it comes to success in researching cases.

There are plenty of successful appellate decisions out there on a wide variety of procedural issues related to FDCPA.  Your mission, before proceeding, is to find them and make use of the points that parallel your case.  Try NOT to plead outside of your circuit, as the rulings by the appellate circuit in your jurisdiction carry more weight than rulings outside your appellate circuit, which is only persuasive, but still can be effective if you can’t find the goodies you want.

Registration is OPEN for the Quiet Title Workshop in Honolulu!

In other news, registration is open for the Quiet Title Workshop in Honolulu.  This is the last DK Consultants LLC-sponsored event in 2016. Visit the Clouded Titles website to sign up (as others already have).  We anticipate a packed house for this workshop, since the last two hours are going to be broadcast live over iHeart Radio and the former Governor of Hawaii, John Waihee, will be in attendance along with The Foreclosure Hour host attorney Gary Dubin.  There will be attorneys from all over the U.S. attending this workshop, due to the nature and location of it (working vacation).  Encourage your attorney to attend if you’re contemplating a quiet title action (it’s called, “increasing your success rate”).  Knowledge is power!  All attendees receive a free copy of The Quiet Title War Manual!

 

 

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