Tag Archives: declaratory judgment

REMEMBER WHO THE ENEMY IS …

(BREAKING NEWS) — The author of this post is issuing this update to give you a bit more incentive to participate in the upcoming online COTA Workshop.  The information presented here is for educational purposes only; however, it’s based on years of research by this author and through discussions with attorneys who have utilized this material to their benefit. 

For those of you who are being exposed to COTA (an acronym for Chain Of Title Assessment) for the first time, or wish to intensify the study into the COTA for future use in helping others (and making a sideline income from your knowledge you’ve obtained here), let’s briefly delve into what the chain of title is and how the COTA differs from a simple “title report” issued by today’s title companies across America.

(1) Assists in identifying all known potential claimants to property

It doesn’t matter whether you’re buying a home for the first time or putting your faith in a landlord who claims to own the home he’s renting to you, it pays to understand “who’s on title”. In this day and age, more and more issues of fraudulent transfer and assignments of lien have permeated hundreds of thousands of land records, if not by crooks attempting to commit identity theft by recording false deeds, but by the very banks and secondary players “in the game” that created assignments out of thin air and caused them to be placed into the public record, all since the 2008 financial collapse!  Simply looking at the deed to a piece of property isn’t enough. The aftermath that followed the collapse (2009-2015) has been proven by this author and others to have been one giant scheme to steal property across America by some very unscrupulous sponsor-sellers on Wall Street using phony documents to get their way.  If you or this author ever attempted to do what the banks did, we’d be in jail, because the government is in bed with the banks!  The COTA helps you to identify those person(s) who say they have an interest in the property, whether by claim of ownership or by lien interest.

(2) Assists in identifying potential unknown intervening assignees

Many do not recognize the word “mesne”.  It’s pronounced “mine”.  It’s a legal term that means unidentified players within the chain of title and these players became unknown “assignees” through the use of an electronic database called Mortgage Electronic Registration Systems, Inc. (or “MERS”).  If you’ve read Clouded Titles, you know that MERS is currently operating under its third incorporated version, taken over in October of 2018 by the same corporate outfit that owns the New York Stock Exchange, ICE (an acronym for Intercontinental Exchange, Inc.). The mesne assignees entered the chain of title to millions of pieces of property through the use of the MERS System®.  This workshop will teach you the fundamentals of how securitization operates and just how the silent invasion of millions of phony documents entered the public recording system. It’s knowledge that has cost over 10-million Americans their homes because they didn’t have that knowledge when they took out their mortgage loans way back when.  If this workshop could save you tens of thousands of dollars in mistakes, wouldn’t that be worth it?

(3) Assists in identifying abuse to the title by lien holders & clients 

It goes without saying that millions of Americans have fallen prey to the scheme of obfuscation within the chain of title by parties that all of a sudden “claimed” an interest in any given piece of property in America simply by creating an assignment of mortgage (or deed of trust) with the intention of giving the recorded instrument legal effect for the purposes of foreclosure.  The banks and the financial industry supporting the use of MERS then proceeded to infiltrate all 3,041 public records through the use of legislation, which more than likely came into being through the use of “monetary incentives” (i.e., “the best congress money can buy”) to get legislation passed to allow a “book entry system” to permeate the land records all across America through the use (and abuse) of documents that were vague and ambiguous, which this author first discussed in the very first COTA Workshop he ever taught, as a CLE to attorneys in Texas. Now you can have access to that same information, which could help you in making what could be life and death decisions!

(4) Assists in identifying potential causes of action for use in litigation

The one thing for certain in America is that these abuses within “the system of things” has made the greater percentage of the citizens in this country litigious in one way, shape or form. The remains of those who have been foreclosed upon in the past have paved the road with bad case law because they (and their attorneys) fought with bad information, information that was passed through the legal forums throughout America by attorneys who became part of a very widespread network of what are known as foreclosure mills.  Some have fallen by the wayside, while others have only gained in strength by setting case law in their favor before most Americans (who were foreclosure victims, and their lawyers) realized what kind of legal charade was being falsely portrayed within the judicial venues throughout this country.  This author is convinced that all of this was by design, to give these foreclosure mills lots of work and as one attorney this author knows put it, “How to steal people’s homes for fun and profit.”  Sadly, 97% of all affected homeowners cut and ran, leaving the system to its own devices.  Those who fought the banks and their servicers found out the hard way that claiming “fraud” costs money … more money than the average American homeowner anticipated spending to stay in their home. There’s a right way and a wrong way to understand “the game” … and you’ll learn that in this workshop!

(5) Establishes proof of ownership in the chain of title (deraignment)

Here’s a term (deraignment) that most people don’t understand the concept of.  In this workshop, the author is going to show you not only what this term means, but how it’s applied in law!

(6) Establishes parameters for given time periods of recordation (laches)

The doctrine of laches kind of works like a ticking clock.  Many Americans have been duped into believing that once they’ve found out that they were “screwed over” by the banks, they attempted to file lawsuits against the banks and MERS, something the banks were geared up in advance to wage a winning war against these unsuspecting homeowners and their attorneys, who soon found out that there were more ways of making money than by doing simple wills and estate planning.  Welcome to the understanding of what makes a foreclosure defense lawyer tick … your paycheck in his trust account!  Laches is further explained in the COTA Workshop … which can be taken via the internet right from your very own home computer.

(7) Establishes proper document recordation value (as to sequence)

It’s not just a recorded document that makes a difference … it’s how all of the documents in the chain of title interrelate to each other.  We’re going to go into detail by showing you case studies within the COTA Workshop so you can gain an understanding of how these abuses within the chain of title occurred and how the COTA is used to formulate litigation.

(8) Establishes proper evidence to identify potential problems with title

If you had a way to identify issues within your chain of title, wouldn’t that make your understanding of future litigation more practical?  This is why so many attorneys across America have read Clouded Titles. In fact, this book (written by the author who is teaching this online COTA Workshop) was recommended to homeowners by U.S. Bankruptcy Court Trustees!  This means that the information contained within this book (and this author’s subsequent teachings) was very quickly picked up by “the system” and integrated into its database of legal knowledge.  As a bonus … for those of you taking the online COTA Workshop … you’re going to receive a complimentary copy of this book that has gotten the attention of even the federal judiciary!  Suing for everything under the sun (including the kitchen sink) is a big waste of time and money.  This online COTA Workshop will teach you the basics of understanding what the aspects of litigation are and how you, as a past, present and future homeowner, can benefit from understanding the fundamental issues within chains of title that have been affected by the schemes perpetrated by the banks and their henchmen.  This goes way beyond what title companies will ever reveal … because the title companies are “in on it”!

(9) Raises potential legal issues based on research of statutory violations

This author has written other publications which explore the universe of legal claims based on violations of statute.  Your mission, should you decide to accept it, is to understand how and where to find this information … and the author will show you how in the online COTA Workshop!

(10) Raises potential legal issues based on unproven but evident fraud

Fraud! Fraud! Fraud!  That’s all this author hears homeowners bleat (like sheep to the slaughter).  Learn what the potential legal issues are without becoming a victim of them!  It’s a very expensive proposition … something this author knows could save you tens of thousands of dollars in legal fees just by your gaining an understanding of how you (as a homeowner) have been duped.

(11) Raises awareness of concern by the Preparer as to legal consideration

If you were going to help others (while making a living doing COTAs) avoid these same pitfalls, wouldn’t it be nice to know exactly HOW the author came to understand the fundamental concept of how the chain of title works?  Spending tens of thousands of dollars in litigation costs makes everyone but you (the homeowner) rich.  Why drop that big dime if you can possibly avoid it?  We’ll even be discussing quiet title and the use of declaratory judgment actions as a part of the common strategy to get to the truth of the matter involving chain of title!

(12) Raises the stakes of potential legal claims for damages

Out of these dozen reasons why you should consider taking this online COTA Workshop … if you had a clear and concise understanding of what you were up against and knew the real issues within your chain of title (or could research the chain of title for a prospective property you wish to acquire as a means of building equity), wouldn’t it be nice to know that once you’re all settled in, you’re not going to become a victim of foreclosure by some unscrupulous lender, based on those mesne assignees this author talked about in the beginning of this post?  If you knew which legal claims were more profitable than others, wouldn’t that be a good thing?

The online COTA Workshop begins February 1st (that’s this coming Saturday) … why not start out the New Year with a chunk of knowledge that can not only save you thousands of dollars in legal fees, but also give you the opportunity to make a decent living while helping others avoid the pitfalls that have cost millions of Americans dearly.

Click here to register to attend! 

In addition, if you missed something … after taking the online COTA Workshop … we’ll make these sessions available to you online so you can further your studies and pick up the nuggets you may have missed while attending the online COTA Workshop … all of which you can access FREE OF CHARGE, with your paid attendance to the workshop!

Plus, by attending the online COTA Workshop, you get a complimentary copy of the book Clouded Titles!

The webinar platform will give you a chance to ask questions at the Q&A breaks in the class too!  

Knowledge is power!

The clock is ticking … what are you waiting for?

A summons to appear in court or a notice of default?

Don’t be a victim!

Arm yourself with education!

Click here to register to attend! 

 

2 Comments

Filed under BREAKING NEWS, Securitization Issues, webinar, workshop

BOTH QUIET TITLE ACTIONS AND C&E ACTIONS ARE DECLARATORY RULINGS! UPDATE!

(OP-ED) — The author of this post is not an attorney and thus cannot give legal advice.  However, based on the research contained herein, one can share without retribution; thus, let this be for your educational value only! 

UPDATE … NEW IDEA!  (Please move to the bottom of the article to read my thoughts on this!)

One judgment appears to be a “cheap date”, while the other judgment isn’t.

Which one is cheaper to prove?  Why … the C&E of course!

The “C&E” should become part of everyone’s vocabulary these days.  I can give you over 500-million reasons WHY a C&E is important to every American property owner.  The main one is adverse condition of title to over one-third of every parcel of land in America!  That’s the biggest reason.

How can you consciously sell a piece of property to another human being when there is clear evidence of chain of title issues present, especially when “MERS” is involved?

The C&E has been in the forefront the entire time, albeit not exclusively.  Everyone knows that quiet title actions have been around for centuries. But … and I use this caveat succinctly: Quiet title actions are more than just a simple step in clearing title to a piece of land.  Like the C&E, both matters involve an evidentiary proceeding.  Both are rooted in declaratory relief.  Both require a certain amount of discovery.  However, the C&E requires less discovery because you’re only targeting one suspect document in the real property records, while the Quiet Title Action focuses on the entire chain of title, leading back to the document (usually the mortgage or deed of trust) that plagued the chain of title in the first place!

Back in the days preceding the first financial collapse in 2008, mortgage brokers and their title companies were so quick to file stuff in the land records that: (a.) they submitted the documents incorrectly for recording; (b.) they submitted MERS-originated documents to the county recorder knowing full well that the borrowers encumbering their property had no knowledge their loans were being securitized; and (c.) they did this knowing that a majority of the documents being recorded contained information on loans that were designed to default years later, causing a huge rash of foreclosure actions that plagued the United States from coast to coast.

I can tell you with a certainty (after having lectured to hundred of various county clerks) that a lot of clerks (recorders, registers of deeds, etc.) these days still don’t understand what MERS is and what kind of issues became predominant after MERS-related assignments are recorded.  I have been asked from time to time whether we should sue county clerks and recorders and my answer is “NO” (not just NO but HELL NO)!  These folks are generally elected officials that have a bond.  These folks unknowingly became victimized by the “MERS process” as much as the collective body politic affected by borrowing that was intended to be obtained from the secondary mortgage markets.

In The C&E on Steroids! Attorney Al West and I bring forward the reality of challenging documents through declaratory relief, especially the documents created from 2004 through today.

Yes!  These entities are still “manufacturing” bogus documents and causing them to be recorded in the land records all over the country!

And what’s even more astounding … MERS and its parent have absolutely NO IDEA that the MERS name was being used in these assignments!

The culprits … 

Mortgage loan servicers, third-party document mills and title processing services are the guilty parties!

Secondary to these groups of land record predators are the foreclosure mill law firms prosecuting the foreclosures themselves!

The potential targets … 

All of the above … depending where they’re located.

Again, The C&E on Steroids! describes WHO these targets are … WHAT prompted them to become targets  … WHEN they became targets … WHERE they got involved as targets and WHY they are targets  … and more importantly, HOW the “system” played us in letting them become targets!

Wouldn’t it be nice to know WHO your enemy is BEFORE engaging them in a legal battle? 

This is why is becomes important to understand the principal of declaratory relief.  It allows us to obtain discovery to get at the “root” of the problem.

Most homeowners don’t get that.  They think, “Okay, I’m going to get pissed off and sue everybody!”  They let their emotions get out of whack, failing to recognize the tools available to isolate and attack individual targets to further corrupt a chain of title to the point where a county court HAS TO quiet title title in order to comply with marketability statutes!

California attorney Tim McCandless was recently quoted as saying:

” … the more recent strategy of attacking the assignment of mortgage and seeking nullification of that instrument has met with some success and it should succeed, because you are attacking the facial and substantive validity of that specific instrument and not the entire mortgage or deed of trust. That strategy merely attacks the technical requirements for creation and recording of an an instrument affecting title to real property and attacking the substantive validity of the assignment by revealing that the debt was not transferred to the assignee by a party who owned the debt.”

The success in doing a C&E would seemingly “cut the legs out from under” the perpetrator of any future alleged foreclosure, right?  It would stand to reason that without an assignment being present in the chain of title, the mortgage loan servicer and its counterparts that were probably the culprits behind the very assignment they’re relying on as a tool in their foreclosure arsenal would be affected directly by the “lack of gunpowder” in their magic bullet.  The only thing they’re attorney will say is, “These people just want a free house, your Honor!” because they don’t have anything else they can say that will evoke the emotion of the Court to screw the homeowner one more time!

The beauty of this process is that it can be used at any time prior to foreclosure without bringing the mortgage loan servicer itself into the fray.  And it can be used in both deed of trust and mortgage states!  All 50 states have statutory mechanisms for declaratory relief.  All 50 states have rights to attack phony documents!

Further, there is case law out there that has taught us much in the way of educational value!  That case law is described in The C&E on Steroids! 

In fact, the case law Al West and I discuss in this book and the related course materials SHOW YOU validity past what attorney McCandless previously described!

And it all revolves around a simple and concise declaratory relief action. Yet, homeowners will continue to go out and make a “mountain out of a molehill” (go overboard in citing every cause of action under the sun, thinking they’re entitled to damages), when a simple action designed to knock these bogus assignments out of the land record create a precedent of bad behavior on the part of those who would undertake the illegalities of trying to steal your homes!  This is not a pipe dream process.  This process has been used countless times and has been successful because of the patience and effort put into drafting the proper complaint against the proper parties, isolating them in such a way as to keep the matter in county court!

Federal courts will generally NOT hear these types of cases.  Suing the wrong party in a C&E will get your case removed to federal court, where the judge is likely to dismiss it, because federal law has already declared declaratory rulings to be discretionary.  In state court, judges do not have that option.  They HAVE TO hear that complaint.  This is why Al West and I decided to get to the bottom of the root causes for doing a cancellation and expungement action and extrapolate the material into something useful for the average American consumer and put it into an 8-DVD/book weekend training kit. America has to know there is a remedy out there that can be used to attack phony documents!

If you don’t know your rights, you don’t have any!

UPDATE!:  While I was having a conversation with an aggrieved party, the thought crossed my mind as to the type of attorney that would be GREAT to utilize for the C&E when the opposing law firm is your target … 

Who can you think of that isn’t intimidated by prosecuting attorney misconduct and malpractice? 

Legal Malpractice Attorneys (they prosecute malpractice for a living!) … add that to your arsenal (just Google them … they’re out there)! 

I found at least a dozen in the Dallas-Fort Worth area alone! 

If your own attorney screws you in the process, it may be that your defense attorney is “working for the bank/servicer” under a silent agreement to feed you to the wolves.  Why not prosecute BOTH ends of malpractice if you’re going to attack one for failing to defend your case adequately.  

Just a thought.

 

2 Comments

Filed under OP-ED, Securitization Issues

GUTTING THE UNDERBELLY OF THE BEAST – PART 8

(OP-ED, first posted: September 22, 2018) — 

The writer of this post is a paralegal 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.

In the segment numbered “Part 7” of these successive posts, there was a boatload of case law wherein judges did the right thing.  As you probably noticed from reading In re Wilson, it involved improper reporting of the posting of payments (all while the foreclosure was still being commenced).  Another case (M & T Bank v. Smith) involved multiple manufactured promissory notes (after the fact) that could have not possibly happened the way the bank’s attorneys said they did. To that end, the judge did the right thing, by: (1) holding an evidentiary hearing; and (2) sanctioning the Marshall C. Watson Law Firm, noting that the Marshall C. Watson Law Firm has gained notoriety for filing false assignments in the land records!  This is EXACTLY what I intimated was STILL GOING ON in the real property records, included in the OSCEOLA COUNTY FORENSIC EXAMINATION.

And sadly, these same attorneys that are representing the banks’ servicers went to the same law schools as the foreclosure defense attorneys seated at the opposing table.  The “good ‘ol boy network” reaches up into the judiciary, because judges were attorneys at one point.  Everybody who’s anybody knows somebody in the profession.  Their relationships are more than cordial.  Many of them run so deep that some foreclosure defense attorneys have tempered their aggressive behaviors, despite the fact they want to do the first thing by their clients (whether their clients know it or not).  The bigger part of the problem is the one thing that all attorneys learn in law school: find some way to settle.  When someone’s home is at stake, settling for less than a completely positive outcome shouldn’t even be on the table.  In fact, it’s an insult to the homeowner’s intelligence (what was the lawyer thinking?).  This is not to say that someone cannot rise up and call this chicanery for what it is: fraud on the court, compounded by felony components and ethical violations worthy of disbarment.  This is what should have happened in every case posted in Part 7!

Aside from all of the arguments over the various issues you hear in the courtroom, the judges keep tabs on everything that’s said and they watch the clock fastidiously. You only get so much time, which is why getting all of your discovery done ahead of time is important, along with the intended depositions.  This is all part of building that big, bad ass paper trail I talked about on earlier posts. The bigger the paper trail, the more evidence you have to help the affected insurance company either deny a claim or pay out on a claim!

Now we’re going to get even more serious …

The Oregon State Bar was sued by two of its member attorneys in U.S. District Court under 42 U.S.C. §§ 1983 and 1988.   Read the 7-page Complaint here:

Gruber, Runnels v Oregon State Bar, US D. Ore No 3-18-cv-1591 (Aug 29, 2018)

CASE IN POINT: THE DETAILS

Notice here that the Defendant is referred to as “a public corporation” established pursuant to Oregon Revised Statutes § 9.010 (imagine the liability there)?

Also notice that on the last page, the Oregon State Bar put out a press release that smacks of political overtones.  Is this organization a State Bar or a political action committee?

And this is just the tip of the iceberg.  By publishing that single-page ideologue, the State Bar hierarchy has just “positioned its own agenda”.  And you wonder where judges get their agendas?  Who put this “free house” crap in their heads in the first place?  This is only part of the bullshit that has most Americans distrusting their judicial system.  That is not a good thing under “the system of things”.  Stuff like that leads to civil unrest (or hasn’t Congress noticed?) or civil disobedience.  Hey wait!  We’re already seeing that in America … just read the State Bar’s ideologue!

The State Bar Associations have errors and omissions insurance that can be challenged if they fail (as a public corporation) to do the right thing by the people and instead, push their own agendas on the body politic.  I’m talking foreclosed homes by attorneys who lied in court and used phony assignments to bolster their claims of standing, created by servicers and their employees to steal private property because they didn’t do the paperwork properly when the loan was first executed (and potentially securitized).  This makes the entire process liable (if not in the least, suspect), especially when the state bar (in this case, Oregon) sets a bad example by putting out political statements instead of remaining neutral and unbiased.  Why not say something like most judges do in foreclosure courts (and I’m being really sarcastic here):

“When’s the last time you made a mortgage payment?”

At that point, it doesn’t matter what you say, the judge already has his mind made up, despite whether the banks’ attorneys are all accessories to felony conspiracy and fraud, along with a multitude of ethical violations that could get them disbarred (and potentially imprisoned)  I am waiting for the day (and I think I’ll see it in my lifetime) when a judge gets his bond revoked and gets removed from the bench because he (or she) was warned of the felony components of the attorney’s behavior (for the bank) and ignored it … and didn’t do the right thing.  The damage is suffered when the judge issues the final judgment of foreclosure.  At that point, a sale date is set and all is lost unless somebody recants or the judge changes his mind.

And it’s all based on the phony assignments.  Shouldn’t someone be held liable?  I’m not talking about a corporate fine here either.  I’m talking about prison time for the perpetrators of the documents! 

MOTIONS TO VACATE

Lest the judge not have fair warning and be allowed to change his (or her) mind, based on newly-proffered evidence, the bank’s attorneys may end up losing more than their case.  In fact, because of felony behavior, or any collusion with felony behavior (i.e., Oh, sorry I robbed that bank … I was only the getaway driver; here’s the money back) … fraud can pierce not only corporate veils, but all operating agreements sanctioned by the state to where the individual managing attorneys and partners are all personally liable to the homeowner.  If it’s a major law firm, they’ll probably try to avoid filing an insurance claim, because the felony behavior would “come out in the wash” and the firm would never get insurance coverage again and would have to either self-insure or dissolve. And that, my friends, is how we take down a law firm … because they’re going to want to settle … but if there’s a class action of over 1,000 homeowners … who is going to cough up all that money to pay those 1,000 claims under statute?  Someone is not only going “broke”, but the State Bar had better make sure they don’t commit felonies again (through disbarment).  Now they get to figure out, with a felony involving moral turpitude, good luck getting a job at Wal-Mart.  How would they pay off those $250,000+ in student loans?  Boo-hoo!  (sobbing)  … NOT!

So the Motion to Vacate serves as a tool to make the court aware of the illicit behavior … and why.  If the court ignores it, the judge and the county he acts in become participants in the fraud and felony behavior.  This is when things get dicey.  The “system of things” is going to try to draw a “fine line” as to whether the behavior was unintentional or malicious.  This is why we need court transcripts!  If the judge makes an “agenda statement” (i.e., “No one gets a free house!”; “When’s the last time you made a mortgage payment?”; or “You’ve lived in that house for free long enough!”).  This type of speech not only promotes a specific “agenda”, it could lead to more sinister issues. AND …

No one to this point has thought to inform the county’s risk manager with the proper ammunition.  Every pro se litigant that has tried going through the risk manager has failed miserably because they do NOT know HOW to properly “connect” with the person responsible for “damage control”.

SOVEREIGN IMMUNITY

All judges in every state enjoy this privilege.  Unfortunately, many of them let it go to their heads.

States also enjoy this privilege.  Isn’t that amazing how they get to legislate themselves this privilege?

Judges get to “play God for 5 minutes” in foreclosure court, not realizing the scenario may present itself to mandates that require them to “do the right thing”.  Because they have “agendas” (“NO ONE GETS A FREE HOUSE!”), they are more quick to “step into the pile of shit” that is about to be created for them.  They have to answer to a judicial review board.  If it can be shown that a felony was committed, on top of multiple ethical violations … and the judge did nothing about it after being called out on those violations … their sovereign immunity is in jeopardy.  Any judge reading this article should take to heart what I’m saying, because the counties are self-insured and most of its officials have to answer to voters.  What if that class action also includes the judge (or judges) involved in the multiple felonies committed in hundreds of cases still applicable in their county?  What if the statutes of limitation are tolled because of the ongoing behavior?  Sure, it’s going to be a sticking point, but, the fact is, no insurance company or bonding company is going to shell out any legal fees to pay for the accessory criminal behavior of an attorney or judge in representing them (paying their attorney’s fees).  The judge will not be able to get another bond, ever, because his or her bond would have been revoked.  That “bond” is an insurance policy designed by “the system of things” to compensate the injured for their losses.   The “senior judges” that were brought out of retirement to preside over foreclosure courts could find themselves and their estate liable as well.  In most states, personal injury judgments are NOT dischargeable in bankruptcy … especially when the parties were warned of potential felony issues and ignored them! 

If the entire Supreme Court of the State of West Virginia can be impeached for felony misbehavior (embezzlement, unjust enrichment and misappropriation of state property), then what makes the judges in the foreclosure courts think they can get away with imposing their political agendas on homeowners when the banks and their servicers are feloniously culpable for fraudulent document manufacturing (or in the least, being co-conspirators to that effect)?

And no, this is NOT going to collapse the entire system of things.  This “too big to fail” bullshit is nothing more than fear mongering.  The “system of things” was created “By the People, For the People”.

Thus, if a class action lawsuit of affected homeowners went after just ONE LAW FIRM and its supervising attorney and its managing partners and took a judge along for the ride as well, especially if the judge had anything to do with the properties he issued orders of final judgments against, now THAT would be something!  That would send a clear message that the “safeguards” that are in place in “the system of things” actually work!

C & E’s JUST BECAME MORE EFFECTIVE! 

These same principles work outside of the realm of the foreclosure proceeding, especially when challenging phony documents or statements made in the pleadings of foreclosure mill attorneys that are false and misrepresentative.  It doesn’t take a rocket scientist to figure out that an Affidavit from an Expert Witness Attorney who identifies the false and misrepresentative information, along with the ethical violations, will strike discord in the heart of the lawyer(s) bringing the foreclosure action.  And you wonder why there are substitutions of counsel when things get dicey in a foreclosure case.  Again, it has everything to do with something illegal happening behind the scenes that the foreclosure mills want to avoid exposure on.  That makes the C & E (Cancellation & Expungement) action even more important!

C & E actions are declaratory in nature.  They open up discovery like a Pandora’s Box.  Once the court is notified of the statutory and ethical violations, it must do the right thing and hold a hearing to preserve the sanctity of the justice system.  If ignored, the judge hearing the case deserves what’s coming because the entire “system” that’s supposed to be in place (in his Court) just went to shit!  Then it’s no holds barred.  His county is self-insured and would rather put him on administrative leave and attempt a crack at “damage control” and quietly settling out of court.  Of course, this is why attorneys are taught to settle FIRST in law school.  That way, they don’t have to air dirty laundry in front of the judge.  Again, and I reiterate this with utmost sincerity, most Americans don’t trust the justice system as it is, which is why “the system of things” is in existence … it all involves insurance and who pays for the damage claims, if in fact they pay out anything (this work to the opposing party’s detriment, or it could work to your benefit … you don’t get both most of the time).

THE CONSPIRACY AND THE UNDERLYING TORT

Fraud is a tort.  The elements of fraud are also expensive to prove.  The elements of negligence however are not.  KNEW OR SHOULD HAVE KNOWN … BUT FAILED TO ACT would seem to apply here.  This is much easier to prove, especially if it was willful.  Imagine getting discovery from one of the robosigners or the notary involved in the document creation, all singing like canaries to avoid felony perjury prosecution.   What are the banks and their servicers (and title companies) going to do?  Kill all the notaries so they can’t testify against them.  Three words here: Remember Tracy Lawrence?

Misrepresentation is also a tort.   Couple that with negligence and you have negligent misrepresentation.   Go to your jury instructions to find out WHAT you have to prove to win your case … see here, see here (courtesy of the State of Tennessee, where MERS ain’t shit!):

Jury_Instructions_-_Misrepresentation

Jury_Instructions_-_Negligence

Remember (from previous posts) that conspiracy is only actionable as a tort in certain states (by statute).  In a majority of states, conspiracy, while not actionable, can be used to prove an underlying tort, through discovery, while exposing all of the parties involved, especially if a law firm is involved in creating the phony assignment being used to prove standing to foreclose on you!   Yes, it costs money dammit!  You want justice?

 

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