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.
Tag Archives: Clouded Titles
(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
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.
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:
- 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.
- 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?
- 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?
- 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.
(Feedback and discussion on this blog site is always encouraged, just don’t share your personal foreclosure cases on here!)
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:
- 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).
- 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”.
- 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?
- 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!
- 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!
Clouded Titles author Dave Krieger will be presenting a one-hour “State of the Union” address as to the current foreclosure mess in the United States on WKDW-FM 97.5!
You can hear the broadcast streaming live on the internet by going to http://kdwradio.com and clicking on the “Listen Live” link and select which format you want to listen to the program in.
The program airs tonight at 6:00 p.m. Eastern Time. You don’t want to miss this program! Dave is going to reveal some interesting things the banks don’t want you to know!
If you’re facing foreclosure or know someone who is, you’ll want to tune in tonight to get the “scoop” on what’s going on behind the scenes most Americans are not aware of!
Have a question, email Dave through the “Contact” page on his website: http://www.cloudedtitles.com!
Just a reminder, we still have seats left at the upcoming Fort Myers, Florida Quiet Title Workshop. Homeowners, attorneys, paralegals and investors are welcome to attend.
Contact Dr. Klaus to register at (239) 410-7299. There is a fee to attend this Workshop and lunch is included.
Have a loan with “America’s Wholesale Lender” or “American Brokers Conduit”? You may wish to attend the free open forum, Sunday, July 31st at 5:00 p.m. at the La Quinta Inn & Suites, Fort Myers Airport to learn about our new “attack plan” against these two frauds!
For those of you wishing to keep up on the latest news and information about the foreclosure crisis …
Yes, it’s still ongoing. In fact, there’s been an uptick in short sales and even in sales of the Clouded Titles books! This is a sign that points in two directions: (1) people are being forced to make decisions about their real property that they do not yet understand; and (2) when the number of short sales starts to rise, it means that a wave of new foreclosures is soon to follow. This is not just a localized issue but stretches all across America.
Clouded Titles author Dave Krieger will discuss this and more to educate homeowners about new revelations in the foreclosure industry as well as the latest issues on MERS on THE POWER HOUR with Joyce Riley this coming Tuesday, June 28th, from 9 – 10 a.m. Central Time. You can listen live by clicking on the link HERE and selecting “The Power Hour”, streaming live!
There are two Quiet Title Workshops coming up in 2016 that you should be aware of (if you haven’t been informed of them already). The first is in Fort Myers, Florida on July 30-31, 2016 at the La Quinta Inn & Suites, Fort Myers Airport (RSW). It is being sponsored by Dr. Klaus Kattkus, an investor who himself is helping homeowners fight foreclosures. If you are interested in attending this workshop, you need to contact Dr. Klaus directly at (239) 410-7299 as the Clouded Titles website is not handling reservation arrangements. I have been informed that there are still seats available for those who wish to attend (this is not a real big meeting room) and I have also been informed that there will be at least three (3) Florida attorneys who handle foreclosure defense matters in attendance at this event, possibly four. Al West and I have agreed to lecture at this workshop.
The second workshop is in Honolulu, Hawaii and is the only workshop we are doing in the islands in 2016 (possibly ever, depending on attendance). For those of you wishing to take an educational vacation, the trip would be a great way to share in a little Aloha spirit and clear your head at the same time so you can soak up the information that will be coming from Al, myself and others familiar with foreclosure defense matters. There will be attorneys attending this event also, from all over the U.S.! The event is being held at the Ala Moana Hotel in Honolulu on October 15-16, 2016 and you can click on the QUIET TITLE WORKSHOP FLYER_HONOLULU here! If you wish to sign up to attend, you must submit the Registration Form: QT WORKSHOP_HONOLULU_REGISTRATION FORM and get it into us right away! You can register to attend online, on the Clouded Titles website!
We are starting to inform folks who wish to attend this workshop earlier than usual because of the need for advance planning to make the trek to Honolulu (HNL is the airport code) to attend.
THE LAST TWO HOURS OF THIS EVENT WILL BE BROADCAST LIVE ON “THE FORECLOSURE HOUR” WITH HAWAII FORECLOSURE DEFENSE ATTORNEY GARY DUBIN AND FORMER HAWAII GOVERNOR JOHN WAIHEE, WHO WILL BOTH BE IN ATTENDANCE AT THE EVENT! You can hear the broadcast streaming live on iHeart Radio, via KHVH-AM in Honolulu. This is a broadcast you certainly don’t want to miss, especially if you are either in trouble financially (but not yet in default) or are having issues with a pending foreclosure case!
Both of these workshops are open to consumers (homeowners), attorneys, investors and paralegals. The education you get from attending may be an integral part of saving your home!
On another note, it appears that MERS has a new financial backer … Wall Street. Hear what Dave Krieger has to say about that this coming Tuesday on The Power Hour!
There also seems to be another major indicator that has signaled an uptick in the foreclosure crisis: The OSCEOLA COUNTY FORENSIC EXAMINATION, which was posted on Academia.edu, has moved into the Top (3%) Three Percent of downloaded research documents on that website, which boasts of a massive accumulation of white papers and studies of various topics to consumers and other interested parties by law professors, researchers and attorneys (like Washington’s Scott Stafne), who incidentally is running for Congress in an effort to stop the unfair acts of foreclosure, which Dave will discuss in more detail with the release of new, mind-blowing information … this coming Tuesday … on The Power Hour! The Forensic Examination has been the subject of much controversy of late, resulting in retaliatory efforts by Osceola County, Florida law enforcement, in addition to being shunned by the Florida 9th Circuit States Attorney, the U.S. Department of Justice and the Tampa FBI. They don’t want this report getting out because prosecution of the allegations within this report could result in the convictions of over 400 key players and hundreds of others who are continually participating in the scheme to defraud Americans out of their homes!
You don’t want to miss this powerful broadcast in the last segment of The Power Hour (which will be rebroadcast on gcnlive.com later in the day), live, this coming Tuesday the 28th!