Tag Archives: David J. Stern

Foreclosure and your civil rights: A judge rules against you in spite of questionable land record documents … what to do next? (PART II)

(OP-ED) — This overview of cases involving civil rights abuses are the author’s opinions based on his legal research and are for educational purposes only and should not constitute any rendering of legal advice or seek to draw any conclusions of law. This is the second discussion of three parts.

THE RULES OF THE GAME HAVE BEEN CHANGED

The issue of police brutality all boils down to the issue of perception of what law enforcement stands for … from both sides of the coin. When police make an arrest, they do so based on material facts surrounding probable cause. The behavior and demeanor of the accused and their right to justice is largely determined by the answers they give and the way they react to questioning by the arresting officers. We spend an inordinate amount of time watching television, where police officers are displayed as being the saviors against the wicked. Yet, in order for a criminal case to proceed, the evidence has to stack up against the accused. The evidence cannot be controverted or subverted with lies and deceit.

“We have repeatedly held, therefore, that an officer violates the Fourth Amendment by omission only if ‘it would have been clear to a reasonable officer that the omitted fact was material to the probable-cause determination. A warrant request violates the Fourth Amendment if the requesting officer knowingly, intentionally, or with reckless disregard for the truth, makes false statements in requesting the warrant and the false statements were necessary to the determination that a warrant should issue.’”

— Cited in Rainsberger v. Benner, 7th App. Cir. No. 17-2521 (Jan. 15, 2019)

And what does this have to do with civil rights, you ask yourself?

Because the Rainsberger case turned on the evidence, when it was discovered that the detective investigating the case (Benner) omitted exculpatory evidence and fabricated evidence wherein the probable cause affidavit was riddled with lies, undercut with the omissions that would have kept Rainsberger from being arrested in the first place … the outcome was that Detective Benner’s sovereign immunity privileges were stripped away by the Court because of his actions. That’s how this argument relates to foreclosures when brought into the civil realm.

The entire foreclosure scenario also deals with material fact, which is why the author brought the arguments within the Rainsberger case into this discussion. When material facts are distorted, manufactured or omitted, causing the homeowner to be unfairly prosecuted as to his right to be secure in his “persons and papers” as guaranteed under the Constitution, someone must be held accountable.

Since the 2008 financial collapse, numerous discoveries have been disclosed to the consuming public of deceitful acts committed by the banks and their servicers and third-party document mills. Unfortunately, with the changing of the rules in the way the “game is played”, moving cases to federal court have been reformed to the point that simply stating that “a person created a phony document used to steal my house” just doesn’t work anymore with the Supreme Court rulings in the Twombly and Iqbal cases. The author has included the following research for your education and understanding, as having proper knowledge of what to expect on the federal level, which should be put in the forefront in any anticipated civil rights actions that follow a foreclosure:

WITHOUT FORETHOUGHT: SUE! SUE! SUE!

It is problematic that over 90% of Americans do not understand their system of laws. In fact, criminals understand the legal system better than their enfranchised counterparts. When faced with legal action, the defendant homeowner either becomes despondent or angry. There is no in between.

The first objective is to lash out against every person or idea that contradicts one’s belief system, as flawed as it may be. The “entitled” believe they should stay in the house for free … that all of the foreclosure accusations are really the bank’s fault … yet the borrower obligated himself when he signed the mortgage documents, thus, creating a legal “can of worms” for himself. The finality of truth brings with it a reality check.

All semblance of logic goes right out the window in favor of emotion. This is one major reason this author created the Clouded Titles website and wrote the book by the same name back in 2009-2010 (officially released in December of 2010). In order to get in this game and play it well, emotion must be replaced with legal logic and right thinking.

If you’re like most Americans, you place blame on others for your own shortcomings. Shortcomings however do not replace mistakes. But what if you’ve been blindsided with facts you know not to be true? How do you cope then? Most Americans would let their emotions “out of check” upon realizing that the banks messed up their own paperwork and that now they (the homeowners) are paying for it!

CHAINS OF TITLE TELL STORIES … STORIES THAT DON’T LIE!

Without a doubt, the author’s previous PART I post disclosed that two independent examinations of the land records in Texas and Florida demonstrated the rampant use of false documents, one of which came to light in the U.S. Bank, N.A. v. Harpster case in Florida:

And this is not the only case either. In another Florida case, the bank’s attorneys came into court with not one but three different versions of what they claimed was the “new and improved” promissory note:

And on the witness stand, in another Florida case, Erica A. Johnson-Seck admitted to be a “robosigner”:

And the foregoing case found its way into a New York State foreclosure decision!

Sadly, a lot of homeowners run to bankruptcy court, thinking they can stave off a foreclosure. All this does is kill their credit scores to the tune of 450 points for up to 10 years! Even the federal Office of the Comptroller of the Currency calls bankruptcy “a stall tactic”. But what happens when the bank runs into bankruptcy court and lies about its “position” in the chain of title:

STEALING PEOPLES’ HOMES FOR FUN AND PROFIT!

The foregoing headline was spouted by a foreclosure defense attorney in Texas during a discussion of a workshop he attended that was held by foreclosure mill attorneys. One of the attendees, whose name repeatedly surfaced in the Williamson County, Texas Real Property Records Audit, Stephen C. Porter, appeared nervous because after the audit was released, he was exposed to the world as a “robosigning attorney”. This is where things get dicey for Mr. Porter, because this author looked up Mr. Porter’s Texas Deed of Trust and compared the signatures of the robosigned documents to those of Mr. Porter’s own mortgage note and they were unbelievably different from each other. In fact, it appeared as if the signatures may have been put there by his notary!

All of this of course, leads up to the discussion of the intent to defraud … the homeowner, the land records and the judge. This author believes that all foreclosure victims deserve their rights to due process and that any “officer” of the court, which an attorney is, should lose their “sovereign immunity” if they omit, lie or cheat their way through a foreclosure and steal someone’s homes using false documents which they themselves may have had a hand in!

It’s just that when homeowners win, they become like electricity, seeking the path of least resistance and crawling back into their comfort zone. They have no interest in follow-through to see that the party or parties creating the phony documents, which still continue to litter their chain of title like a hooker with AIDS, are brought to justice.

The time to attack these phony documents is BEFORE the foreclosure starts, not AFTER! In the Harpster case, the attorney at least had the gumption to research the assignment and talk to the bonding agent and obtain an affidavit which stated the notary did not have a valid commission at the time David J. Stern’s own secretary (Cheryl Samons) executed the assignment.

ALL IS NOT LOST IF YOU CHOOSE FOLLOW-THROUGH … WIN OR LOSE!

In a recent foreclosure case decided in a Mississippi Chancery Court, the judge, who is covered by the State’s risk pool as to her liability, gave the defendant homeowner 7-1/2 minutes to present his case and despite the best evidence presented in that amount of time by the homeowner:

  1. The judge decided he’d had enough time because (as she previously announced to the court) the judge had to leave to go to her daughter’s volleyball game;
  2. After making her ruling, the judge commented that it must be rough “looking through rose-colored glasses, having lived in a $274,000 home for free for over 5 years.” This clearly indicates bias;
  3. The other side’s attorney’s complaint was deficient, partly due to mismarked and improper exhibits that the judge refused to allow to be stricken from the record when objected to; and
  4. Given the judge’s social calendar, it’s obvious she cared more about not being in court versus simply making snide remarks when the evidence presented supported the case actually going to trial.

This is where the system of things HAS TO “kick into high gear”.

After seeing and hearing the results of this case … and here goes the “if it was me” diatribe, the author would:

  1. File a complaint with the Mississippi Judicial Review Board against the judge.
  2. File bar complaints against the three attorneys who “touched” the case, because they inadvertently and purposefully omitted evidence which would have pointed a finger directly at law firm involvement in the manufacture of an assignment used to give the plaintiff (LSF9) standing.
  3. File a Motion for Reconsideration in a timely manner (10 days), citing those things that the judge failed to take into account before making her decision (all administrative appeals and alternative moves must be taken before proceeding to filing a State Tort Claims Act action).
  4. The timetable for the due process violation (under the McDonough v. Smith case), according to the U.S. Supreme Court decision, begins to run when the final adjudication has taken place.

Could the homeowner have won his case (or in the alternative got his matter set for trial) had he retained counsel to defend his home? Maybe. That is a story for another day because it involves unwrapping the mindset of why homeowners (and the public at large) don’t trust attorneys.

There is some room for argument here that the damage would actually occur when the home is sold and the homeowner is evicted, but my non-lawyer take here is that the judge’s ruling set the clock in motion because it represents a final decision for which other actions (eviction) could follow.

AS TO THE JUSTICE SYSTEM, JUDGES SHOULD PAY FOR MAKING BAD DECISIONS RESULTING IN CIVIL RIGHTS VIOLATIONS!

Attorneys have errors and omissions policies. Robosigners are supposed to be bonded and have errors and omissions insurance naming them as a “covered party” in order to be a robosigner for MERS. Judges have bonds. Some judges have bonds with their own respective counties. Other state’s judges are paid by the state to be a judge, which means the State’s own “risk pool” (a big pile of money which pays out damages for provable civil rights violations) is ripe for the picking. Those who have the fortitude to file a 42 USC § 1983/1985 action may have the opportunity to realize justice when it’s used to get an attorney disbarred, get a document manufacturer prosecuted or get a judge tossed off the bench for aiding and abetting felony perjury.

The proof must come “in the pudding”. One cannot simply wave an alleged phony document around in front of the judge without implicating the parties that were involved in creating it. Justice is never served unless you can reach into the pudding, the likes of the Harpster case or better, and bring up the evidence required to show you were deprived of your due process rights by the Court and its officers. In the Harpster case, the judge who ruled in favor of the homeowner (Hon. Lynn Tepper, the author believes) was driven or “persuaded” to leave the bench by the political judicial hierarchy, because she was a fair judge and recognized fraud on the court for what it was. This judge did not simply take the bank’s word for anything, given the proof that was provided … stuff that this author has been sharing from an investigative standpoint for years.

This shows you how much “control” the banks have over the court systems in this country and why it’s likely a judge may be the culpable party in siding with lies by the attorney for the servicer. No one likes a liar. Liars deserve to go to jail if they participate in the thievery of stealing someone’s home using evidence that is manufactured or conveniently altered or omitted in what appears to be the commission of a crime.

And THAT is where the criminal justice system intertwines with the civil justice system. And if anything, police brutality should be the least of our concerns when “the system of things” is tainted with bias.

And this is exactly the reason WHY the author elected to do an online Foreclosure Defense 101 Workshop … because right thinking is called for here.

Stay tuned for PART III

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GUTTING THE UNDERBELLY OF THE BEAST – PART 10

(OP-ED, first posted: September 28, 2018) —

The writer of this rather lengthy and final post in this particular series is a paralegal, researcher and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help, which you are responsible for vetting.  I am not an attorney referral service either. 

HOW TO BANKRUPT ANY COUNTY IN AMERICA IN TEN EASY STEPS

Oh, you seriously thought I was going to go there?   I just did that to freak anyone out on the “other side” that was waiting for me to say such a thing so they could hold it against me in some way.  My Jewish attorney friend used to talk loudly in his leased office space because the walls were paper thin and he knew the trucking company on the other side of the wall could hear him, so he’d make statements about putting that trucking company out of business, just out of spite.  That attorney is (to this day) still one of my good friends in the legal community.  And he knows what personal injury is (especially after getting a large settlement out of a major soft drink manufacturer).  I would say that the entire summation of this 10-part series is not “pissing in the wind”.

I have a large network of attorneys across the country that are bracing for the upcoming storm.  I will not tell you their names because they are behind the scenes getting ready to do their part to make “the system of things” manifest itself.

As one Expert Witness attorney put it to his clients (paraphrased in the simplest terms):

“My testimony will be considered evidence of the statutory violations that were created by the assignments (of mortgage, deed of trust).  If the homeowner’s attorney ties the statutory elements together with the facts my testimony provides, then the Plaintiff (lender, servicer, etc.)’s attorney will be acting as an accessory to the Plaintiff client’s crime.  Not only will the acts be considered criminal statutory violations, they will also be considered ethics code violations.  All of the above is calculated with the hope that it terminates the litigation in the homeowner’s favor.”

FIRST AND FOREMOST EVIDENCE: THE PUBLIC RECORD    

While the OSCEOLA COUNTY FORENSIC EXAMINATION was only a report issued to the Clerk of that particular Circuit Court, it was one of only a few reports that were ever generated at the behest of a Clerk, Register, Recorder, etc. in the entire country (out of over 3,000 counties). It is sad when only a handful of studies were done and what happened following the release of those reports only scratched the surface of “the system of things”:

Southern Essex District, Massachusetts (2011) — Following the release of that report, a pro bono effort by Marie McDonnell, Register of Deeds John O’Brien’s office got a bunch of media attention, which subsequently brought visits by local bank counsel, threatening to sue the county.  Nothing ever came of it (perhaps due to Mr. O’Brien’s response to the attorneys, “Good! Bring it! We get discovery!”), but to this day, all potentially robosigned documents are rejected from recording in that office.

Guilford County, North Carolina (2011) — Attorney Lynn Szymoniak assisted Register of Deeds Jeff Thigpen bring a spreadsheet forward of known DOCX robosigners, which sparked public awareness in that county.  Sadly, the entire examination was overshadowed by the FBI’s investigation of DOCX and eventual prosecution of Lorraine M. Brown, its president.  Thigpen retained a law firm to file suit against Mortgage Electronic Registration Systems, Inc. and its parent, MERSCORP; however, the case went nowhere because the court determined that the Register of Deeds did not have a private right of action.

San Francisco, California (2012) — Assessor-Recorder Phil Ting, acting on behalf of the City and County of San Francisco, retained Aequitas Compliance Solutions, Inc. to conduct a study of his land records, which revealed a plethora of suspect activity regarding the recording of assignments, followed by suspicious pre-foreclosure recording activity.  In a scant 21-page Report, the results infuriated Ting to the point of frustration.  After a media blitz and a lot of YouTube activity, Mr. Ting decided his land records were garbage and decided not to seek re-election. While the report was California-specific, it did make reference to a report issued by two attorneys from the Florida AG’s Economic Crimes Division, which later resulted in those two attorneys, Teresa Edwards and June Clarkson, being forced out of their positions.

Williamson County, Texas (2013) — County Clerk Nancy Rister commissioned a study of robosigned documents culled from hundreds of files in the recorded database of the public records in that county, to find hundreds of suspect issues contained within assignments and powers of attorney that were drafted and recorded by law firms that conducted foreclosures of residents there.  The 179-page report, done by DK Consultants LLC, caused a raft of media attention, followed by a nearly full page rebuttal by the then-CEO of MESCORP Holdings, Inc. Bill Beckmann, claiming MERS did nothing wrong, even though MERS was at the center of attention in the audit.  Several attorneys named in the report visited the Clerk’s office and made threatening comments to her staff but nothing ever came of it.  Williamson County joined in a suit with Travis and Nueces County in Texas against both MERS entities which went nowhere.  Sadly, the attorneys bringing the suit claimed MERS was responsible for the recordings, which the federal judge deemed was not.

Osceola County, Florida (2014) — If anything came from this Report, it was a media firestorm, apparently baited by the Osceola County Sheriff’s Department, spoon-fed to all of the Clerk (Hon. Armando Ramirez)’s political enemies, who made use of the information to smear the Clerk in the media.  Despite the efforts to make everyone involved “front page news”, the Clerk was re-elected to his position.  The FBI refused to investigate the contents of the Report, which was not an indictment, after talking to the Osceola County Sheriff’s detectives handling their end of the investigation into the Report’s contents, stating in a one-page release that they could find no victims. The State’s Attorney who was first presented with the Report, declined to investigate any of it and subsequently was not re-elected following a scandal involving Ashley Madison’s website. The Osceola County Sheriff did not seek re-election either.

Seattle, Washington (2015) — McDonnell Property Analytics was tasked with conducting a review of mortgage documents and assignments in a post-Bain decision by the Washington State Supreme Court.  Page 29 of that Report clearly stated that numerous MERS assignments contained “false statements, misrepresentations, and omissions of material fact”, noting the violative statutes, which we would sincerely entertain in taking out adversarial opponents in future skirmishes in the Pacific Northwest.  After much media attention and public outcry to the Seattle City Commission, the heat died down and things appear headed back to the status quo.  Sadly, until the bankers are imprisoned, they continue to own Washington State. (… and you know I’m not lying here!)

All of these “protectors of the public record will go down in the annals of American history” as having made a dent in “the system of things” as exposed, with no finality. I believe that “the system of things” was not approached in the right way.  The parties involved (the Clerks, etc.) in some instances, were told they didn’t have a private right of action.  So what was missing?

THE LACKING COMPONENT: STATUTORY APPLICATIONS OF VIOLATIONS

What was contained in the assignments discovered in each of the foregoing reports was “evidence” that had to be discovered and never was.  Any homeowner in America can run into court and waive their assignment around in the judge’s face and call it a fraudulent document and the judge will simply ignore them because nothing in the document was proven false or misrepresentative to the point of opening up “Pandora’s Box”.  As long as homeowners are willing to play the “delay game”, just to keep things on the level for their comfort zones, nothing will happen.  Eventually, they’ll be out of their home at the hands of a corrupt system.  If they behave like Martin Wirth, they’ll end up dead at the hands of a corrupt system.  You see, “the system of things” “circles the wagons” when it’s attacked.  Just like Custer at the Little Big Horn (and we know what happened to him).

However, the missing components here (referring to the expert witness’s foregoing statements) are not deemed to be “third-party beneficiary” intimations, which all courts to date have placed credence in so homeowner’s “don’t get a free house”.  We’re not even going there.  We are talking about statutory violations of law here, which result in ethical violations by the bank’s attorneys.  If the statutory law exposes the fraud in the public record and it is brought forward into a court proceeding, the bank’s attorney has the option to recant all of his pleadings and oral statements made to the court, because all of those statements make him an accessory to the statutory violations.  Once the bank’s attorney has stepped into the realm of statutory violations (through felony perjury applications, fraud on the court, etc.), that attorney is now subject to disciplinary action by the state’s bar, which is exactly where the ethical violations are going to be lodged, thanks to those bar mandates previously discussed on these posts.  Every state has some sort of statutory application to prosecute false and misrepresentative statements in the public record, it’s just that it’s never been postured in such a way to make it part of the court record.

THE LACKING COMPONENT: ETHICAL VIOLATIONS

Once a record has been created of all of the evidence and testimony in court, the expert witness attorney files a formal complaint to that state’s bar against the bank’s lawyer, alleging ethical violations, which now affects the errors and omissions insurance policy.  The bank’s lawyer is now tempted to file a claim to get his attorney’s fees paid for in the bar disciplinary committee hearing(s); however, if the E & O carrier should become aware of what the attorney is involved in, it would certainly become “risk averse” and deny paying for any of his legal representation, which means it has to come out of his own pocket, which could get really expensive.  At a minimum, he risks suspension.  At most, he risks disbarment.  How is he going to pay off all of his student loans then?   It’s a benefit to the homeowner, because any subsequent law firm will be aware of the case and will run from it, unless it wants to wind up playing out the same scenario as “the system of things” unfolds on them too.

THE LACKING COMPONENT: JUDICIAL SYSTEM CHALLENGES

The judge hearing the foreclosure case should “do the right thing” and hold an evidentiary hearing (see Part 7, the M & T Bank v. Smith case).  Any evidentiary hearing, properly conducted, based on all of the evidence, would preclude any action against the judge and force a settlement.  While this would be an obvious savings to the homeowner, most judges ignore the claims of misrepresentation because they have agendas.  It is these “agendas” that, if not applied, would force an onslaught of suits in that state, tying up the foreclosures dockets for years, because all homeowners would have to do is claim they’ve been wronged and ask for a free house.  We know that is not going to happen; however, “the system of things” will do more good if it is correctly applied in getting that “judge with an agenda” removed from the bench because he (or she) is complicit in a fraud and allowed it to happen, bringing exposed risk against the county and its treasury.

Besides going after the judge’s bond, we see filings to the judicial review panel, which will have the entire record given to the state bar against the lawyer in that proceeding. Without a bond, the judge cannot sit on the bench.  End of career.  End of legacy.  Maybe, even end of pension.   If it’s a senior judge that’s been pulled out because he already has a pension and a nice nest egg, personal judgments against him as the result of a proper proceeding may haunt him for the rest of his life, with not only a personal “stain” on his legacy, but any serious criminal applications here could pierce the sovereign immunity and put him squarely into a criminal proceeding, where he’d face prison time. Imagine the supreme court of any state being tied up in felony allegations?   Think West Virginia!   It can happen and you’ll see it happening when “the system of things” is fully unveiled.   You see, judges are not exempt from prison and an eventual stained legacy, despite what they think of themselves and their so-called “immunity”.

Pompous shits!  And we trusted them to do the right thing.

And let’s not forget the county who employs the judge.  They have a treasury.  Most of them are self-insured and have to answer to voters, who would be pissed at them if the treasury was drained due to multiple damage settlements. This is why state tort claims actions were developed.  Now, imagine a 1,000 people, all affected by the same law firm, all having similarly-situated false and misrepresentative assignments, all coming after the same entities (at once) who got them kicked to the curb by the same county judges.  It really only takes one judge to be removed from the bench under the shadow of felony behavior to send a message to everyone else in “the system of things” that we know how to play the game “for real” now.

If the state bar does nothing to bring a resolution to the attorney’s ethical violations, then the insurance companies will, indirectly.  No insurance carrier is going to insure an attorney with a bad record of being an accessory to a crime.  End of paycheck.  Defaulted student loans.  End of credibility (e.g., David J. Stern).   No one has gone after all his money … yet. Any law firm relying on his assignments?  Watch out!  Your time is coming.

And let’s not forget how the law firm is going to suffer at the hands of this behavior.  No E & O insurance carrier will write professional liability on a stained past history of illicit behaviors.  End of law firm.  Oh sure, they can try and just throw another firm together and keep doing the same thing until they end up disbarred like Stern; however, the bad behavior follows the principals too … and any law firm subsequently taking the case in chief.

And let’s not forget the mortgage loan servicers, third-party debt collectors and document mills creating these phony assignments, or in the alternative, relying on them.  They answer to either the departments of banking and finance or the department of insurance.  The states have risk pools (of money). Imagine tapping into that pile of cash!

There are bonds and professional liability insurance policies in force that cover the behaviors of the foregoing entities.  When they step into this fray however, “the system of things” may end up coming after the individuals and the supervisors that gave them the platform to create these phony assignments and put them all in prison.  How many “Linda Greens” would you imagine would end up there … or should?   As with what didn’t happen in Osceola County, “the system of things” would be more persuasive in this case, because of testimony, affidavits, a paper trail and a transcript of the proceedings.

The system of things put “safeguards” in place to insure that the public is not harmed by illicit behaviors.  Notice I used the word “insure”?   There’s a reason for that.  When insurance companies refuse to pay for bad behavior, someone has to … be it the state, the county or the individuals responsible for stealing private property.

YOUR ATTORNEY HAS TO DO HIS JOB!  THAT’S ALL! 

If anything needs to be understood (and stressed) here, it’s that if you’re paying an attorney to do his job, he should do his job. Not play the “delay game” with you.  There are attorneys out there that will do their jobs.  We need one that has enough sense to put an expert witness attorney on the stand in a formal hearing setting and examine him (with a prepared set of questions) like any other witness on the stand.  We don’t need him jumping up and down and screaming at the judge either.  Remember, he has to appear before the same judge again (that is, if the judge is still a seated judge).   Once this takes place, your attorney will become fully aware of the statutory and ethical violations that have occurred. Sadly, he now is mandated by his state bar to report them under the Model Rules of Professional Conduct.  Whether he does it is irrelevant.  The expert witness attorney will do the reporting to the appropriate authorities.  If they don’t act, then we hit up their insurance carriers!

Attorneys do get perturbed with “the system”.  In our previous segment (Part 8), we explored the suit filed against the Oregon State Bar, a public corporation.  Even the state bars should be held to a higher standard and from time to time, refreshed with new blood from humble folks not so consumed with their power and their copious attitudes.  State bars have a treasury too, if you get my drift. Unfortunately, many attorneys who say they’re “fighters” may try to talk you out of opening “Pandora’s Box” in lieu of a loan modification.  That, in of itself, is a trap against homeowners. But again, it’s all about the money, right?

CALL TO ACTION: SENSE OF URGENCY, WHETHER YOU’RE IN YOUR HOME OR NOT

I’m not going to do the “Alex Jones” thing and tell you to harass anyone, “push back” or man your “battle stations”.  Just the opposite.  Wise as serpents, harmless as doves.  Plan the trap. Set the trap.  Spring the trap.  Catch the prey.  Hunger Games: “Remember who your enemy is.” as you see Katniss Everdeen with her bow and arrow, going after a squirrel or a rabbit.  It’s a single and precise strike at the target.  In this “system of things”, you have multiple targets to choose from.  HOW you play that game is up to you.  You are not limited by your tactical ammo.  You do however, have to use your due diligence and wisdom to determine which target to go after and plan the trap.  The bait is already there (what’s in the public record) in the form of documents (assignments) that violate statute.  It doesn’t matter about the “third-party beneficiary” argument.  The statute says what the statute says. It means what the state legislature intended it to mean, no matter what the bank’s attorney argues.  Once that argument starts and the trap is sprung, the bank’s attorney can only do one thing: recant his pleadings and oral statements and motion for the case to be dismissed.  In the alternative, he risks prosecution and eventual disbarment for moving forward.

I want to see your “phony assignments”, especially if they involve a securitized trust, MERS, known robosigners, self-dealing, claims of merger known to be false, etc.

Send them to be at cloudedtitles@gmail.com.  I personally want to see what you’re facing.  If you have even more sense, you’ll include your contact information with your pdf submission. I’m compiling a list of aggrieved homeowners in each state, be it mortgage or deed of trust, and their violative assignments.  I DO NOT NEED TO SEE YOUR ENTIRE CASE FILES! Anyone sending me anything but what I asked for will see their emails deleted!

In the meantime, keep calm and carry on.  And remember, pro se litigants need not apply. Misapplication of any of what was discussed in any of the ten parts of this series of posts is done at your peril.

To everyone else reading these successively “belly gutting” posts: May the odds be ever in your favor.

 

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