Tag Archives: Constitution

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 New Meaning of “Titanic Syndrome”

The author of this blog post is a paralegal who has involved himself with years of research in real property law, debt collection and consumer issues. He is not an attorney and cannot render legal advice.  For that, it is suggested that you contact an attorney well versed in this subject matter for consultation, preferably one that has an end game plan of their own. 

The term “Titanic Syndrome” has generally been equated with the inherent plummeting of stocks on Wall Street by as much as 10% in any given moment, based on precipitous scenarios.  In this instance, the term that I am using (the same as discussed here) is used to mean “what happens when a homeowner is on the verge of losing his home and has no ‘end game’ plan for his future”. 

When the ship (the Titanic silly, not the good ship Lollipop) began to sink, the passengers were in an apparent state of dysphoria and confusion. Knowing that their deaths were imminent, the expected result was going into shock, which was accompanied by denial that such an occurrence could be actually happening, followed by an increased sense of panic, which caused serious behavioral issues rooted in “survival of the fittest” instincts (or in the alternative, the nature to completely give up, throw in the towel and face the music … which in that case was “Nearer My God To Thee”).  Because many folks panicked to the point of doing foolish and insensitive things, needless lives were lost.  Because the designers of the ship didn’t really have an “end game plan” because they thought that the Titanic was infallible (oops, except for icebergs) they didn’t plan on having to conduct a mass evacuation of everyone on board and thus did not plan to have as many lifeboats as were needed to accommodate over a thousand people. While we can only surmise the outcomes based on eyewitness accounts (and obviously not rely on what the movie told us), it is obvious that many people entered the fatal voyage with no end game plan.  This is where I cut to the quick about the sinking ship relating to the conditions precedent to foreclosure.

How many of us actually thought that we had to put $10,000-$20,000 into a bank account to defend our homes from collateral attack in the event of default?  Not many.  In fact, with over 50% of Americans facing retirement age with less than $25,000 in vested savings, the chances are good that the retirement funds would be used up in a heartbeat should the saver of such funds find themselves unemployed with no alternative plan to rebound.

When the government-influenced media machine started to promote the fact that every American should own a home, they (from the Clinton administration forward) made the assumption that every American could afford to pay for one.  Instead, they made every American believe that they were entitled to one.  How easy was that … to cater to the “entitlement generation”, or those who bought into the scenario that they could afford more of a mortgage loan than possible to repay.  This is why the lending institutions went crazy making predatory, subprime loans.  They saw an opportunity to steal a big chunk of America (even though banks are technically NOT supposed to own real estate, other than what they were supposed to utilize to exist on) through subprime lending.  Most of America fell for the government-sponsored diatribe hook, line and sinker.  This is largely what caused the 2008 financial crash.  The government, seeing that it had made a mistake in its economic forecasts, attempted to create bailout scenarios, which ended up pouring more money into the banks’ coffers to “stay afloat” (which we know was based on false assumptions).  The bigger problem however is that the U. S. Constitution, at 1:10:1, prevents the U. S. Government from interfering in private contracts between banks and borrowers.

Thus, Borrowers facing impending foreclosure, reacted differently.   Many homeowners flatly hid the foreclosure from spouse and family, trying to work things out behind the scenes.  When there was no end in  sight, many of those homeowners resorted to murder-suicide to resolve their issues. Some suffered death at the hands of law enforcement, generally post sale and eviction.  More of the homeowners however abandoned their homes and became renters (part of the investors’ overall game plan to turn America into a nation of renters). Current statistics bear that out.

Some homeowners however, chose to react without an “end game plan”, dragging their families down into the muck that is destitution because they panicked and without thinking.  It’s perfectly obvious that one without an “end game” has no fight to begin with.  Homeowners caught in this situation exhaust virtually every dollar on foolish ambitions, falling for the “trap” that is called a “loan modification” …  95% of the time, loan mods put the homeowner in a worse financial position than when he started out making his payments.  However, moving out of the home and moving your family into a storage unit or some other substandard living situation is not healthy either.  For one thing, if a family contains school-aged children, the parents are still responsible for making sure that: (a.) the children continue to live in the district in which they are enrolled; (b.) their children are not truant; and (c.) the children have the appearance of being well-fed and healthy and outwardly happy and energetic.

There are some serious facts to consider here:

UNTIL THE PROPERTY IS SOLD OR THE DEFAULT CURED, THE HOMEOWNER IS STILL LIABLE FOR DAMAGES OR INJURIES RESULTING FROM FAILURE TO MAINTAIN THE PROPERTY! 

With the foregoing statistics present … and the homeowner’s name still on title to the property … he is still liable for anything that happens on that property.  If someone is injured or dies on that property and the homeowner was not there to have prevented it or in the least interceded to prevent it, that homeowner could be facing serious legal issues for negligence (among other claims).  Responsible American homeowners do NOT leave their homes until they are dragged screaming and kicking by the constabulary and if it was me … I would make it a media three-ring circus.  It seems that no one gives a damn about their neighbor’s financial condition, yet a foreclosed home is the first thing to affect neighborhood values, not to mention the tax base.

The first thing to go when a homeowner can’t make his payments is the hazard insurance (unless it is escrowed as part of the mortgage payment).  That’s part of the contract that the homeowner signed at closing.  It’s called a mortgage (or deed of trust).  The part the homeowner didn’t read at closing was that the contract provided for hazard insurance to be in force at all times.  When the homeowner doesn’t pay his escrows or maintain hazard insurance, the lender is put in an awkward position of having to institute forced-placed insurance, which is usually double or triple what the homeowner normally pays.  In the past, forced-placed insurance has come under scrutiny because of kickbacks to the lender from the insurance provider.  Not a good position to be in if you’re a homeowner.

The second thing to go is the utilities.   Because feeding a family is most important, food is the number one concern.  That is generally where most of the available survival money is wasted … on frivolous fast food purchases or buying junk food or unhealthy comfort food, just to keep bellies full.  This again is due to improper “end game” planning strategies.  How can one expect to hire an attorney when they can’t keep food on the table? It all just seems so unrealistic, doesn’t it?

Radio talk show host Dave Ramsey advocates keeping food on the table as the number one priority of the breadwinner. Number two is to keep the lights on.  At least this much of his strategies I agree with.  The part where we split on the issues however is the lack of willpower and disruption of America’s belief systems.  Most of America is living in the “Age of Entitlement”.  They have been led to believe that:

1. “Obama’s gonna buy me a house”!  (Remember the 2008 pre-election video?)

2. When they get older, the government will take care of them.  (Social Security = Welfare for Seniors)

3. In a crisis situation, they expect a handout. (Remember Hurricane Katrina?  In the food lines, refugees were asking for McDonald’s or Pizza Hut instead of the food supplies that were trucked in by emergency personnel. Refugees trashed the dining facilities and mocked and ridiculed the volunteers who trekked across the country to help feed them). Don’t be so shocked!  This is how “entitled” people behave!

Most homeowners did not have an “end game” before they bought their homes in the first place! 

The government dangled the carrot.  The mortgage companies dangled the credit.  The government sanctioned all of the “smoke and mirrors” of MERS.  The real property records across America became littered with tens of thousands of title issues.  Seeing as banks are not supposed to “own” property according to Title 12 (Banks and Banking), the homeowner’s name is on title until the last possible minute.  So why isn’t the homeowner still in the home?  Another victim of the lack of financial education.

Most of America is destined to be the “nation of renters” that everyone is griping about! 

Let’s face it, many Americans can’t even pay rent.  Statistics show that there are more crimes committed by renters than by responsible American homeowners.

Generally, it’s the renters that commit the crimes against the responsible American homeowners.  It’s the “haves” versus the “have nots” as middle class America continues to fall apart.

Again, all of this is due to the lack of financial education in our public schools, which many Americans think is also their “right” and that they are “entitled” to an education.  Where in the U. S. Constitution does it say that?

You want to complain about your rights?  Rights that are mistaken for privileges?  Then stop being apathetic and start being proactive.  The America of old “pulled itself up by the bootstraps” when things got tough.  If you can’t get your head around this, you must not have had parents that lived through the Great Depression as mine did (as young adolescent children, young enough to understand).

Let’s face it … America is “depressed”.

The sad thing is, while Wall Street continues to flourish, much of Main Street is too apathetic to care. I don’t care what race, creed, color or gender you are … you have a responsibility as an American citizen to be proactive.  You have a duty of care and a duty of responsibility to your community.   This is your immediate sphere of influence.  You have a duty to your neighborhood to pull yourself out of your rut.

The result of the Titanic Syndrome is the manifestation of NOT having an end game … and then realizing you don’t have an “end game plan” WHEN the ship begins to sink.  You literally cling onto anything to keep yourself alive, even if it means pushing others under (it’s a cliche, get it?)  Even if I have to resort to visuals (like the part in the movie where Kate Winslet is forced onto a piece of floating debris by her companion, Leonardo DiCaprio, who then sinks to the bottom of the ocean … and her dreams), then understand that there is NOT a lifeboat for everyone.  This is the government’s end game.  The government does not care about anything but the perpetuation of itself.

The United States Government does not plan for the real welfare of its citizens, yet it promotes a socialist agenda.  There cannot be a socialist agenda when the middle class can’t pay for it.  The rich won’t pay for it.  They’ve got their hands in the politicians’ and the judges’ back pockets to make sure of that!

When the economic balance of society becomes disrupted, there is unrest among the “entitled” class.  When the “entitled” class becomes disrupted, you have political anarchy.  The government would like to think that it has answers to everyone’s problems, but it doesn’t.  All politicians want is to get re-elected by whatever means possible.  A sample of political anarchy is the ousting of Eric Cantor in the last Virginia primary by a tea party candidate (that the government, spoon-fed media want you to believe was due to money supplied by the Koch Brothers).  There is room in this argument to imply that voters in Virginia got pissed off enough at Eric Cantor and sent him (and Congress) a message.  Despite what may have happened in Virginia, most elected officials think they’re “entitled” to another term on the backs of the working poor.

In Florida for example, about a third of the state legislature got re-elected to another term due to voter apathy in the primaries.  That is sad, considering the number of the “entitled” class that live in Florida.

Florida is the first of the “sand states” that got hit by mass foreclosures, followed simultaneously by California, Arizona and Nevada.   As a result, zombie neighborhoods sprang up all over the state.  Blighted neighborhoods are prime indicators of societal disruption.  Americans are withdrawing unto themselves catering to their “me first” whims. When that happens, you have protectionism.

While protectionism in of itself caters to the thoughts of “buying American”, which many proactive Americans try to do, it still doesn’t stop the government’s socialist agenda from moving forward.  To avoid socialistic tendencies, Americans have to exercise their rights at the county level to reorganize themselves into a proactive force to be reckoned with.  It is sad that those who stand for justice are mocked and ridiculed by those who feel they are “entitled”.  Entitlements are the result of continued indoctrination of the masses into believing that the masses have rights and privileges that come without sacrifice.

To avoid anarchy, America needs to become proactive and stop being apathetic.  You don’t have to be a nosy neighbor to realize that the next door neighbor’s yard has weeds that are three feet tall because of financial issues. In this case, “State Farm” ain’t there folks, but you are!  I don’t see State Farm bailing out homeowners, do you?  I don’t see the government bailing out homeowners either.  Most of the intended money went into the state coffers to be spent on political agendas. The “talking heads” on TV aren’t going to help you either.  Most state attorneys general are using the bailout vis a vis the “National Mortgage Settlement” as part of their political maneuvering to get re-elected because they want you to think they are “for the people”.  Remember, absolute power corrupts absolutely.

Being proactive (and halting the Titanic Syndrome) starts with getting a financial education BEFORE it is too late! 

If you didn’t have an end game plan when you bought your home, then maybe it’s time to get one now!

(1) Start by educating yourself as to the options you have available.   One of them is to buy a copy of Clouded Titles. I’m not here just to sell books folks … I’m here to educate America to become proactive!

(2) The next thing you can do is to share this blog with your neighbors (that still have Internet; or invite them over for coffee and a look-see at your Internet) and encourage them to stay in their home while they figure out their “end game” plan.

(3) If you have the opportunity and the means to help your fellow man (and yourself), attend the upcoming Chain of Title Assessment (101) Workshop in Las Vegas August 22-24, 2014.  Go to www.cloudedtitles.com for more information and to sign up and register.  On August 1st, 2014, early bird registration ends and you’ll be paying $200 more to attend the 3-day event, which includes a foreclosure defense and quiet title panel discussion by five (5) well-known attorneys (and what I consider to be leaders of this movement to restore America).  We have $70 a night room rates for all COTA Workshop attendees (call the Hampton Inn & Suites – Las Vegas Airport to register by August 1st) which includes FREE breakfast (believe me, if you’re attending this event, you’re “entitled” to a FREE BREAKFAST!). This is three (3) days packed with educational information that will teach you a career and in the least, make you a responsible and more prepared American homeowner!

(4) Listen to and share my upcoming podcasts!  I will announce the podcast launch shortly and make them available to you on various links on the Internet.  Surviving is the point … and you can’t do it without knowledge!   Knowledge is power!

STOP THE NATIONAL LAND GRAB!

If you must vacate your home as part of your end game, prepare yourself by buying vacant land for future use and development.  Buying land is a great “savings account”, because as Will Rogers has stated, “They’re not making any more of it!”  Buying land is a great way to proceed with your new future, mortgage free.  I’ll share tips that I used to buy land!   I’ve bought, owned and sold dozens of tracts (from 1/4-acre parcels up to tracts as large as 12 acres), as an investor!

While many real estate agents and financial planners think this mere folly, understand that money-making opportunities exist in this arena, which you can learn about at the COTA 101 Workshop in Las Vegas!  I will share various tools you can use to find property, which in most instances, IS FREE FROM MERS’ INFLUENCE AND LENDER CONTROL!  Some property can be bought owner financed.  Learn about what inter vivos trusts are designed to do as a means of asset protection!  Learn why and how the banks screwed you over at the closing table!   Learn how to help your fellow man become proactive.  Learn how you can make a living helping those who are trying to come up with their own end game plan!  We even give you the marketing ideas to help you succeed!

Imagine how much more you’ll know after you attend this workshop!

We give you the knowledge and the tools to fight!  Shouldn’t this be part of your end game plan?

BE PROACTIVE AND MAKE A DIFFERENCE!

SIGN UP NOW WHILE WE STILL HAVE SEATS AVAILABLE …

BE A RESPONSIBLE AMERICAN!

www.cloudedtitles.com

FOLLOW THE INSTRUCTIONS ON THE WEBSITE!  DOWNLOAD THE FLYER AND REGISTRATION FORM.  REGISTER TO ATTEND.  FAX IN YOUR REGISTRATION FORM.  CONTACT THE HOTEL (if you’re from out of town) AND RESERVE YOUR SLEEPING ROOM!  EARLY BIRD FEES END AUGUST FIRST!

ONCE YOU’VE REGISTERED, WE’LL SEND YOU A FREE COPY OF THE NEW Clouded Titles Mayday Edition!  TAKE THE TIME TO READ IT BEFORE YOU ATTEND THIS WORKSHOP!

DON’T LET AMERICA SINK LIKE THE TITANIC!  Despite what your “leaders” tell you, they have more education than you do.  They’ve already planned for their financial futures and they have an “end game”!

It’s time to get your “end game” on!

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