Tag Archives: deed of trust

THE OCC IS NOT YOUR FRIEND!

(BREAKING NEWS – OP-ED) — The author of this post shares this vital information with the intent that it be acted upon by all homeowners immediately!  The information being shared is the “breaking news” and the author’s comments about it reflect the op-ed portion … all for your educational purview and not legal advice! This should raise alarms to all who have a mortgage or deed of trust on their property anywhere in the United States … it is pertinent information that could be “dangerous to your wallet” AND your future! 

TALK ABOUT THE BIG BU-FU ON ALL MORTGAGORS/TRUSTORS!  OMG! 

(WASHINGTON, D.C.) — It’s bureaucratic creep at its finest folks!  The Office of the Comptroller of the Currency is using the COVID-19 and the civil unrest and political infighting to sneak in a proposed rule … wait’ll you see it in detail (HERE): nr-occ-2020-97a 

PLEASE SAVE THE FOREGOING TO YOUR DESKTOP AND READ ITS 20 PAGES CAREFULLY! 

Here’s the synopsis of what it says …

Hat tip to Living Lies Blog for the info!

This is one more reason to avoid entering into MERS-originated mortgages and deeds of trust! 

Using the “true lender” crap that the OCC is trying to promulgate, this is just another way to play “cloak and dagger” with the named “Lender” on any originating loan paperwork (mortgage or deed of trust).  It’s bad enough that when securitization started (after Slick Willie signed off on the Gramm-Leach-Bliley Act) post-1999, the Glass-Steagall Act was repealed, which allowed banks to play around in the secondary securities and mortgage markets … it’s quite another that NOW, the federal agency that oversees the banks is opting to change the meaning of “Lender” to anyone who wants to draft up a bogus assignment (which has been going on now for over two decades) and record it in the land records and take a homeowner to court, legally get away with lying to a judge that it’s the Real McCoy (as to where the money that funded the borrower’s loan came from) and steal more American homes “hook or by crook”.

FORCED RE-FINANCING! 

If this definition becomes the law of the land, it will force borrowers to re-finance their properties to get away from these securitized portfolios.  But it doesn’t stop there.

How do you know that the securitized trust or any “true lender” named in any legal document is the real party in interest with the right to enforce a note that may have been lost or stolen.  Any “true lender” can dig up MERS-originated loans floating around in the MERS System® that haven’t been acted upon and foreclose on them (because no one else is doing it) and get away with it before anyone is the wiser!

One shred of opportunity exists here, especially if you’ve been able to keep making your payments on your home(s) … and the author posits this with caveats (as to what this author would do in the event he were to find himself in your predicament):

  1. Go to a credit union or bank that is NOT a member or subscriber of the MERS System® and refinance the existing mortgage and get it away from and out of the securitization process.
  2. Once the “satisfaction” or “deed of reconveyance” has been recorded in the courthouse, get one office copy and one certified copy and challenge it through a C & E action (cancellation and expungement action); and
  3. Take the certified copy to the nearest law enforcement agency and get a case number to put into the pleadings of the C & E, identifying the fact that a felony has been committed in the land records and you want it investigated and prosecuted.

If a judge has become aware that a criminal complaint has been filed with local law enforcement, how then can he or she act to cancel and expunge the document without granting discovery to determine if a false statement was recorded in the land records, which in turn screwed up your chain of title?

How can a judge aid and abet a felony without themselves being the target of 18 USC 4?

How do you know your identity wasn’t stolen as part of the assignment of your current mortgage loan?

If a “true lender” orders the mortgage loan servicer to “create” (manufacture) an assignment out of thin air and causes it to be recorded in the public record, what method will you use to challenge false and misrepresentative statements contained within that document?

NO MORE GOING INTO COURT AND WAVING THE DAMNED ASSIGNMENT AROUND, CALLING IT A FRAUDULENT DOCUMENT! 

You need proof that the statements contained within the document were false!  Being named within the assignment as the “true lender” doesn’t change the fact that the information may still be false and misrepresentative, which constitutes a felony in damned near all 50 states.  No judge will listen to you unless you have your facts straight and take the emotion out of your argument!   Here’s where you have to either: (a.) put your thinking cap on; or (b.) move out of your home and live in a tent city.

This author is sure most of you reading this blog are of the mindset to fight. See another option below.

This is another reason why Al West further developed the Cancellation and Expungement Action as a means of squaring up with the Lender.  Now imagine having a mortgage loan servicer’s employees have to answer discovery (or even better yet, a deposition) as to what authority that they possessed at the time they executed a release of the lien on the previously-securitized loan, when in fact, they don’t really represent “the true lender”?   If the OCC gets away with this rule change, any lender will come into court, claim they are the “true lender”, with no further proof needed.  The only way you’re possibly going to be able to get a legal conclusion is to attack the phony paperwork recorded in the public record.

The powers-that-be will inevitably come up with some reasoning (probably this fall, 2020) for you to refinance your loan.  Mortgage loan officers will be lining up to make those commissions so if you’re going to do this the right way, why allow them to securitize your paper?

ANOTHER OPTION

OPTION #1: If you do not have the money to do a C & E action, the next concern would be what to do in the alternative:

  1. Call your congressperson and complain about this proposed rule and tell them to squash it like a bug!
  2. Tell your congressperson you know about the true cause and effects of the repeal of the Glass-Steagall Act and tell them you want them to reinstate it!

OPTION #2: If you have any kind of equity in your home, sizable enough to downsize, THIS is the time to do it!

  1. Like the Steve Miller Band song goes, “Take the money and run!”   Get away from the major cities and move to safer, kindler more gentler communities where gun-toting, 2nd Amendment advocates live that believe in the Constitutional freedoms we all know and love … because
  2. In November, an uncertain political climate may overtake America, rife with voter fraud, claims of voter fraud, demands for recounts and more violence (if your guy doesn’t get elected).

We cannot live in uncertainty.  Uncertainty doesn’t pay the bills.  Living high on the hog when you can plainly see that your options may be dwindling would not be frugal.  Using your equity to “get out of the rat race” created by the “oppressed” who will become the “oppressors” is the only way to secure a safe future for you and your family (unless in the alternative, you like firefights).

The real estate market in many communities is demonstrating that it’s a “sellers’ market”.  THIS is the time to cash out on your equity and downsize to more affordable housing.  In the area this author is in, the average listing sells in less than 60 days (if your home is priced right and market conditions dictate you can actually take equity out as a means of re-inventing yourself).

OPTION #3: PLAN B

Do you have one?

Here’s another thought … if you aren’t sick … why go to a COVID-19 testing center and have them stick a foreign antibody from a test kit up your nose?

This is another excuse to drive the scare into the public to blame someone for the virus.  Blame the Chinese Communist Party.  They did a great job in covering up the spread of something they themselves had a hand in creating.  Further, blame the National Institutes of Health and the Obama Administration for giving the Wuhan Lab 3.7-million dollars to “create” a virus out of existing viruses that contain HIV (the key component in AIDS) and malaria.  See the following post:

Nobel Laureate Calls COVID-19 Manmade

Don’t say we didn’t warn you that the “science” of this whole thing was going to come back to bite certain advocates of the vaccine in the ass.

Share this with your friends and tell them to reach out to Congress to STOP this madness by the OCC! 

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Filed under BREAKING NEWS, OP-ED, Securitization Issues

AMERICAN FORECLOSURES … DIVIDED WE FALL

(OP-ED) — The author of this post puts forward this information for the purposes of education and enlightenment and not for the purposes of rendering legal advice. 

THE MORATORIUMS ARE GOING AWAY SOON

If you’re a homeowner who has been affected by the coronavirus to the point of losing a paycheck and not being able to make your mortgage payments, you’ve probably been living off your credit cards during this “lockdown”.  The anticipation that you’re going to start hearing from your mortgage loan servicers (if you haven’t already) is growing to the point of panic and anxiety knowing that you’ve been given a reprieve for so long but that point in time is coming to an end and you’re going to have to face the music.

I for one do not believe that the 2-month lockdown warrants the same type of foreclosure activity that took place between 2009-2014 as a result of the 2008 financial crisis, despite the fact that the nation’s economy has suffered a serious upset by the pandemic.  The difference between what happened in March and what happened in 2008 was that the secondary markets were quietly imploding and didn’t hit us until the actual collapse of Bear-Stearns and Lehman Brothers started a tidal wave of Chapter 11 filings in the subprime lending markets.  We saw this one developing and began to prepare (for some, like me, you saw it coming in February and started accumulating whatever cash and supplies you needed), which included but was not limited to, hoarding toilet paper and hand sanitizer.  The fact the pandemic was hidden from most Americans for better than two weeks only shortened our preparation time.

Many Americans ignored the warnings of the viral component’s ability to spread … hence, Spring Break.  This was only one of the catalysts.  Two separate cruise ships on both coasts (San Francisco and Miami) were already affecting dozens of passengers, one of which I knew from a non-profit organization that she and I were both a part of.  She was dead upon arrival into the Port of Miami.  When it’s someone you know, it hits home rather quickly, sometimes too close to home.  But at least we knew the ships (full of sick and dying) were headed straight at us.  We at least had time to prepare and mobilize our resources.  This isn’t something that was intended to cripple our morality.  The virus seemed intentionally let loose to cripple our economy and thus, our modes of survival.

POLITICS ASIDE?  NOT!

This entire crisis has been manipulated by the medical community, including but not limited to, the National Institutes of Health (NIH), the Centers for Disease Control (CDC) and Dr. Anthony Fauci, the President’s adviser.  Be mindful of the fact that Dr. Fauci (who I equate to Dr. Josef Mengele of Nazi fame) has served previous administrations, both Republican and Democrat (before you start raring up your emotions at little old Libertarian me for daring to question what’s really going on here).

Both the Republican and Democrats have taken advantage of this crisis.  Both sides of the aisle debated and passed legislation to benefit their own constituents.  Both sides of the aisle debated and passed legislation to benefit Wall Street.  Both sides of the aisle debated and passed legislation that gave most of us (but not all) some sort of stipend (dole) as a means of attempting to support those who the government considers “law-abiding taxpayers”.  Both sides of the aisle used the pandemic as a means of either gaining political control or upending the other side’s political control.  Don’t you just hate it when that happens?  And over 100,000 people are dead in America just so both sides can point fingers at each other with accusatory tones.  But also remember, Fauci has told this President (as well as past Presidents) what might happen with the pandemic and what protocols should be followed, whether the protocols (or the informational data used to formulate those protocols) was accurate or not.

Both sides of the aisle have not come up with a remedy (other than a moratorium on government-backed GSE foreclosures) to stop the tsunami of foreclosures that we could have faced if the moratoriums were not extended by the State’s governors to include all mortgage loans, which included evictions.  Now we’re faced with our own set of politics … a national network of mortgage loan servicers, collectively using “the system” to play out unfortunate scenarios against afflicted Americans who still haven’t formulated a PLAN B as to how they intend on dealing with the aftermath of this “planned economic strike” against America.  Everyone of course is pointing a finger at the Chinese Communist Party (CCP) and blaming that entity for our troubles when in fact, the troubles were seriously exacerbated by our very own government in the way it doled out the money.  Again, the trickle down effect impressed not one taxpayer to the point that they thought someone did them a serious favor.

In other words, how long did that $1,200 check last each person already financially affected by the loss of employment.  When the moratorium gets lifted, those who are still struggling could become the first casualties of the second foreclosure epidemic.  I don’t consider any of this at all funny.  In fact, it’s disgusting that America has allowed itself to become embroiled in public debate over police brutality vis a vis the media, who hates Trump and wants your country to be turned into a socialistic state. The media has become so left-liberal it’s sickening.  You can’t turn on any channel and get the truth because politics has (and is) playing itself out at every turn of events.

DEFUNDING POLICE DEPARTMENTS?  DOES YOUR PERSONAL SAFETY MATTER?

Both George Floyd and Rayshard Brooks had much in common.  Both were black.  Both were convicted felons.  Both served time in prison.  Both were in the wrong place at the wrong time.  Both allegedly were involved in the commission of a crime (Floyd for passing a counterfeit $20 and Brooks for being intoxicated at the wheel of a running motor vehicle) for which they were placed under arrest.  Both died at the hands of police officers who were white.  Both were exemplified as poster children by the left and the media.  Both gave anarchists impetus to riot and commit destructive acts.

Now that you see the facts, do the cops need sensitivity training or does the public need sensitivity training?  After all, a young, white woman was captured on video burning down the Atlanta Wendy’s restaurant where Brooks was fatally shot during the riots that followed.  While it is relatively easy for white people to all of a sudden think a black person set fire to the restaurant, the video shows otherwise.  The video shows that there are people with no morals living among us that are out to prove a point … that anarchy is acceptable as a means of protest … even if it involves arson, which is a felony.  The other part of the problem, which my wife was quick to point out over coffee this morning, was that folks stood by videoing the act with their cameras so they could post it on social media because everyone is into sensationalism now.  So, does committing a crime for the purposes of sensationalism make it okay?  Why didn’t the people doing the video taping with their cameras stop the woman from burning down the Wendy’s?   Where did our morals go?   And the left want to defund police departments over the acts of bad actors?  I think not.

The U.S. Constitution and the Bill of Rights provide for the general welfare and safety of ALL Americans, not just the Black Lives Matter folks.  The First Amendment to the U.S. Constitution grants ALL of us a certain number of freedoms (self-expression and the right to assemble peaceably).  However, your liberty and freedoms ends where another person’s liberty and freedom begins.  When you violate the Constitution by committing a crime outside of the boundaries of what the Amendments are designed to protect, then the system has measures in place to deal with the offender.  The system did not afford those protections to Floyd and Brooks because of the actions of a few white officers.  Whether they will be granted immunity is anyone’s guess.  According to a friend of mine in Texas (who is a police officer), there are some who you cannot give a gun and a badge to because they’re more dangerous than those they were sworn to protect.

Many police departments are not funded well enough.  As my co-host on City Spotlight – Special Edition (on kdwradio.com), R. J. Malloy stated, “This isn’t Andy of Mayberry.”  There isn’t an issue over the fact Deputy Barney Fife only had one bullet in his gun, other than for his own well-being in not shooting himself in the foot. The issue is what protection Sheriff Andy or Barney Fife could (or would) do in the event the citizens of Mayberry’s personal protections were in jeopardy.  What police departments don’t need is tanks and military style Humvees.  What police departments do need is officers who are equipped with the means to protect and serve those citizens they were hired to protect and serve.  Anything short of that would represent a disservice to their respective communities, sensitivity training or not.

And here I thought the parental saying (from way back when) of, “Two wrongs don’t make a right” still applied to today’s community standards.  When the police can’t respond, or refuse to respond (as what is happening in Atlanta right now), sometimes referred to as the “Blue Flu” (officers calling in sick as a means of protest), then the level of personal protections afforded under the Constitution are eroded.  This gives way to those without moral scruples to commit further acts of violence.  I sometimes believe these people do these heinous things because they have a bone to pick with authority.  I think it would be best that police would be stripped of their qualified immunity from prosecution if they went “past the point of no return” once the person arrested was restrained or incapacitated, armed or not.  In Brooks’ case, the cop was videotaped kicking Brooks after putting two slugs in his back and was quoted as saying, “I got him!”   What’s that’s supposed to mean coming from a white cop with a bald head (skinhead)?

Despite the fact we can all agree that prejudice has no place in a decent, moral society, it still exists and is being driven deeper and deeper into the hearts and minds of those who feel they are being oppressed.  That includes those who feel that they’re being deprived of their Constitutional guarantees to safety and security.  Police officers should be held to a higher standard, especially when it comes to those they swore an oath to protect and serve, despite the color of their skin.  The bigger problem here is that with society melding into multiculturalism, it will soon devolve.  I predict there will be another spate of White Flight as American society continues to devolve.

UPHOLDING RIGHTS INCLUDES THOSE FACING FORECLOSURE

When it comes to foreclosure, we all have to have a game plan.  In 2008, when the financial markets collapsed under the weight of the failing securities debacle, it set the stage for multiple infractions against homeowners.  The biggest divisive scheme was the creation of notes out of thin air (the notes that had been shredded after they were uploaded as originals into the MERS System®).  It is common knowledge, as well as arguendo amongst those in the mortgage world, that the notes, along with their accompanying mortgages and deeds of trust, were shredded because paper proof of a contract was replaced by an electronic system of record keeping.  Many believe the originals were archived, yet there is no finite evidentiary proof of that.  What shows up in courts across the country in foreclosure cases I’ve reviewed are “copies” of original mortgages and deeds of trust that were pulled down off of the MERS System®, as well as the notes that the mortgage loan servicers now claim to be “originals”.

What we are seeing (and I talking about the collective group of investigative analysts looking into this documentation) is copies of notes being manufactured from copies pulled from the MERS System® and doctored up to look like originals.  The banks and their servicers and document manufacturing plants have gotten very good at reproducing notes to look like originals.  This is why certain individuals, knowing their notes might be shredded, filled in the “o’s” with ink on their promissory nOtes. Anyone reproducing a copy of a note trying to make it look like an original would have missed the filling in of the “O” in “nOte” which would be a dead giveaway of document manufacturing.  However, 99.9% of borrowers did NOT do that at the closing table.  The gullible are always the first to fall.  The gullible wanted the keys to the house, no matter what eventual price they would pay later.  The gullible constituted some 97-98% of  those who vacated their homes as soon as they were served with foreclosure documents because they had no Plan B and were never prepared to have to deal with foreclosure.

I was just speaking with an investor this morning who told me that the average homeowner or attorney could keep a foreclosure at bay for at least two years and keep either the homeowner in the home or rental income flowing for two more years.  So how’s that possible?  I discussed that in my video post on the Clouded Titles YouTube Channel.

In the physical realm, you have certain rights to life, liberty and property.  When you enter into a contract with a mortgage lender, you give up some of those rights in exchange for having a lien placed against your property by and through a security instrument, which is either in the form of a mortgage or deed of trust (Security Deed in Georgia; Installment Contract in Montana).  Most people do not realize that the balance of those rights allow you to examine and litigate certain inequities that may exist as the result of the foreclosure; however, most Americans are just too quick to give up and run away, rather than stand and fight. This is what happened after the 2008 financial collapse.  In today’s times however, abandoning your property puts you at higher risk because of the potential of coming into contact with the dreaded “virus” and succumbing to it.  If I told you that you could stay in your home for two more years just by taking a stand against the mortgage loan servicer, wouldn’t you be the least bit interested?

This is why I’m doing an online Foreclosure Defense 101 Workshop at the end of July.  It may be my last “due diligence” effort at attempting to help those afflicted by foreclosure.  I have made numerous attempts in the past to consult with attorneys behind the scenes and at trial, some successfully; however, the number of folks who wish to take what I have to say seriously aren’t listening.  So, you might ask yourself … why is Krieger even bothering to help these people save themselves from financial ruin?

I take the attitude that “might does not necessarily make right” … and just because you’re a well-funded mortgage loan servicer, that does not take away the homeowner’s right to protest against the foreclosure, both in and out of court.  I’m going to use this opportunity to bring attorneys into the mix to discuss Rules of Evidence and Rules of Civil Procedure.  These two areas are where homeowners are easily defeated.  It is in these two areas that homeowners can stay in their homes for 2 years or longer.

Your rights to litigate are not restricted by the contract you signed at the closing table.  You have every right to initiate a suit and defend a suit (depending on which state you live in and depending on which process you’re engaging in … judicial or non-judicial).  By taking simple, inexpensive steps, you can create a Plan B for yourselves by taking the initiative to respond or act.  It is your decision to learn the tactics or not learn the tactics.  My suggestions in this online workshop are based on research, but I’m going to let a couple of legal professionals share some of these strategies with you in the 4-hour block we’re devoting to educating you on foreclosure defense.  We will be recording this session for purchase and playback on the Clouded Titles website; however, the difference between attending the online live event and downloading a recorded event is that you don’t get to ask questions and get answers right away.  You have every opportunity to fight back and the financial risk to you attending this event online is low compared to the information you are given.  I told you in my blog post about the two-year window that attorneys can carve out for you so you can make alternative plans. As part of the webinar, I’m going to share written details with you in PDF format that will help guide you through your educational “learning curve” about how attorneys can drag a foreclosure case on for more than two years!

Again, you are known by the paths you take and the choices you make whether a homeowner or an investor.  Stay tuned for more posts on this.

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Filed under OP-ED, Securitization Issues

PREPARING FOR THE FORECLOSURE ONSLAUGHT

(OP-ED) — The author of this post is a paralegal and trial consultant on quiet title, foreclosure and document challenges and does not offer the following information for anything but educational “intake” value; thus, none of this should be regarded as legal advice nor relied upon without the advice of competent counsel.  

THE TIME TO PREPARE IS NOW!

Understand that my postulations on this blog serve as warning signals for “how to head ’em off at the pass” and my notions are served by supporting case law.

I consider Rhode Island to be a hopeless case when it comes to MERS-related cases.  Anytime you want to argue what rights MERS has to do anything in front of a Rhode Island Superior Court judge, you may as well just turn around, bend over and let him … (insert your own imaginative deviations here).

However, on occasion, a case will come up where judges’ deviant behavior is called out by their state’s Supreme Court and I make note of the following case as it relates to other matters you should be looking out for at the inception of the alleged “bank” behavior in its attempt to start a foreclosure action:

Woel v Christiana Trust et al, Sup Ct R. I. No. 2018-347 (June 2, 2020)

The very basic tenets of a foreclosure involve “notice” and what constitutes proper notice.  Many things come into play in this 16-page opinion; however, despite the rantings of the mortgage loan servicer in this opinion (Selene Finance), the state’s highest court vacated the Superior Court judge’s for summary judgment in favor of the alleged REMIC.

Preparation for the onslaught by your alleged “note holder” involves some deliberate planning:

  1. Get out all of your mortgage documents and read them, especially the part where the default and any related notices to you come into play.  If notice does not comport to the terms of your mortgage or deed of trust, your focal point becomes attacking THAT flaw, not everything else.  The foregoing case illustrates that.
  2. Obtain copies of all recorded documents NOW!  You get them from your county land records. Do not wait until you start getting notices from your mortgage loan servicer and go into a state of panic or denial and hit the “pause” button.  Because of this COVID-19  pandemic, you have the ideal opportunity to get proactive to deal with what may be coming at you head-on when the moratoriums are lifted and the servicers go on the warpath.
  3. Locate any/all Assignments of Mortgage or Deed of Trust.  These become your secondary form of attack.  You will need to analyze them fully and understand what constitutes the basis for your attack.  Come at them in the wrong way and your attack plans will fail. Examining these assignments requires due diligence and intensive research.  Plan on spending an entire day looking up everyone that is named within those assignments and background them thoroughly.
  4. Develop a timeline of your chain of title.  You have to be able to clearly identify WHAT happened during the course of ownership of your home and identify with specificity WHEN it happened and attempt to detail the reasons for such occurrences.  Knowing HOW an entity operates in order to develop suspect patterns is important in your research, so don’t skimp here, on time or details.
  5. Obtain certified copies of all recored assignments as well as “office copies” of all recorded documents.  You want a certified copy of the assignment as evidence in support of your two-pronged secondary attack.  What I will be sharing in the upcoming online Foreclosure Defense 101 Workshop will deal with this step in the process.  Keep in mind that you may have experience in dealing with previous foreclosure attempts.  Many of the defenses may have resulted in successes in your favor; however, also keep in mind that the servicers’ lawyers are going to ramp up the next time and probably won’t make the same mistake again.
  6. Open all mail and especially those certified letters and notices from your alleged “note holder” or servicer.  DO NOT let them pile up on the desk or kitchen counter. Be excited when they arrive.  Be excited when the process server comes to your door.  DO NOT avoid service.  If you do, the bank’s lawyers (who are really representing the servicers) will serve you with Substituted Service and/or when that attempt fails, you get hit with a default judgment, which is as good as gold to the bank!  (This of course, does not apply to deed of trust states!)
  7. Examine any notices you receive regarding the “alleged default” on your loan. Understand WHO the letter is coming from and WHO is attempting to accelerate the note, which requires payment in full in lieu of pursuit of a foreclosure action against your property.  The letter should fully explain WHO is claiming to be the “note holder” that has the right to enforce the terms of the mortgage or deed of trust.  If that portion is missing from the notice, you have every right to immediately demand an explanation vis a vis a Qualified Written Request under Section 6 of the Real Estate Settlement Procedures Act (RESPA).  You cannot prepare an adequate defense if you don’t know who’s coming after you.
  8. In all instances, assume that: (a.) any notices you get from a trustee or law firm are based on actions by the mortgage loan servicer, NOT the lender or trustee of a REMIC trust; (b.) any notices you get will likely contain false and misrepresentative statements; and (c.) any notices you get will rely on a corresponding assignment that has been recorded in the land records preceding a Substitution of Trustee or Notice of Default or Notice of Intent to Foreclose.
  9. At all times during the process, keep your eye on the land records!  Check them weekly for any sign of new recordings, corrections to the assignments or newer recordings, attempts to hide the assignments by using alternative means (like putting all of the recorded documents in the name of your spouse, etc.). If need be, ask your county clerk for help in determining if there’s “anything else” in the land records you’ve missed that could defeat your defense, including Limited Powers of Attorney recorded by the mortgage loan servicers, especially when they’re the “assignor” and the “assignee” (called a self-assignment) of any alleged authority.
  10. Understand that YOU are NOT the perpetrator of any alleged foreclosure scheme coming against you!  You have every right as a property owner to defend the home to the best of your ability, even if you lack legal acumen.  As a participant, you may also become the victim of identity theft and numerous felonies committed by the bank, the trustee or the mortgage loan servicer dealing with your mortgage loan.  Assume everything they tell you is a lie … and you won’t be surprised later because you’ve prepared yourself to retaliate against their false assumptions.

Mortgage loan servicers are out to make money to reimburse what they had to pay investors or whatever lender happens to allege it’s the “note holder”.

At a point in time in the near future, the moratoriums will be lifted and you should be well prepared to understand whether the servicer coming against you has any right to offer you a loan modification or forbearance … or for that matter … to come against you at all.  I’ll discuss that in my next segment.  Visit the Clouded Titles website for more information!

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Filed under OP-ED, Securitization Issues, webinar, workshop

TEN YEARS LATER … HAS YOUR DEFINITION OF “INSANITY” CHANGED YET?

(OP-ED) — The author of this post posits these comments based on his own observations and none of this should be construed to be legal advice. For the record, the definition of “insanity” is … doing the same thing for the next 10 years you did the last 10 years expecting different results. 

Who would have ever thought that me breaking my foot would steer me down a path of moral concern, that is, America’s foreclosure crisis based on phony documents?

The Beginning of Insanity

It all began in mid-2007, when, quite by accident, I was surfing the county clerk’s website looking for details on my Texas property and discovered repetitive references to Mortgage Electronic Registration Systems, Inc. (hereinafter “MERS”).  I had no idea who MERS was until I started doing further research into this entity only to discover this electronic database had been around since at least 1999.  It didn’t even occur to me that MERS was a brainchild of the banks because at that time, there wasn’t much information out there because the lawsuits that have made the annals of American history were not made manifest yet.

I also had no idea that MERS and the banks were working hand in hand to further their “case wins” in courts by posturing MERS as some sort of legitimate “party” that had the right to foreclose on property.  I only discovered this in 2009 after I started doing serious research into security instruments and all of the accompanying documents that littered the land records across America in the wake of the financial crisis of 2008 and the previous redux of securitization, which finally reared its ugly head in a way that most Americans could understand.  It was at that time I started to develop what would later become the Chain of Title Assessment (COTA).  How the documents interrelated to each other became more important than the actual information contained within each document because a pattern of behavior became obvious which was worth doing more research on.  That pattern of behavior was recorded assignments being placed within the land records just prior to a foreclosure being commenced on any given piece of property in America.

By mid-2010, I had a specific pattern identified and was able to develop a COTA checklist based on that pattern of misbehavior.  The pattern was not just a making of the law firm or the trustees attempting to enforce security instruments.  It became obvious later on in the game that the law firms and trustees actually were doing the bidding of the mortgage loan servicers; however, that realization did not come until AFTER Clouded Titles had been published (in December of 2010).  It was not until mid-2012 that things began to surface that would lead me straight to identifying who was behind all of the chicanery that enveloped all 3,041 of our nation’s real property records.  At that point in time, I had already established a working relationship with several Texas Clerks and had lectured to their Clerks’ School, sponsored by the V.G. Young Institute for County Government.  Williamson County Clerk Nancy Rister and Williamson County government were the first to attack MERS and the servicers and third-party document mills head-on in a land record audit, which was formally released in January of 2013.

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

Judging by MERS’s reaction to the audit, I knew we were onto something. MERS went out of its way to try to debunk the 179 pages of damning assertions that the mortgage loan servicers and their third-party document mills were the ones behind all of the false and misrepresentative statements we would soon come to identify in the hundreds of COTAs I would being conducting since Clouded Titles was released.  Reporters kept telling me that MERS claimed it did nothing wrong and my reply was, “Then why is everybody suing them?”

A Big Mistake

The chain of title assessment (COTA) has been referenced as a “chain of title analysis”; however, through whatever name you want to give it, the research that goes into a COTA makes it a report, an investigative piece if you will.  By the time that the mortgage loan servicers agreed with 49 states Attorneys’ General to stop production on fraudulent documents, word had spread not only to the legal community but also the public at large, that this chicanery was widespread. Foreclosure victims became outraged at the thought of being defrauded through the illicit use of the land records.  It was at about that time that the COTA hit the courts.  Reliance on a COTA in a court of law or of equity is a huge mistake as many have discovered.  Proof of that will be made manifest in this post.  By the time homeowners and their attorneys ran screaming into court about the “fraud” in the documents, MERS and the banks had already set case precedent that the contents of the documents could not be challenged because the borrowers were not “third party beneficiaries” to the assignments and therefore had no right to challenge.  In my opinion, this lame excuse of not benefitting from the assignment was a ploy to gain favor with the courts, whose judges went along with the argument because the homeowners’ attorneys had no comeback to the argument.  The big mistake however, was the misuse of the COTA and the laziness of homeowners’ counsel to conduct proper discovery.

Many litigants ran into court with their research and attempted to use it as “evidence” to prove their theories that they were defrauded by and through the use of “fraudulent documents” recorded in the public records. Once such case involving this posts’s author manifested itself in Texas on November 25, 2013, in the same year that the Williamson County Real Property Records Audit was released.  See the case below and pay attention to the references on Page 4, where this author’s name is mentioned:

Brown v BANA_Tex 5th App Dist No 05-12-01382-CV (Nov 25, 2013)

Quoting my name and my book and making references to it is not PROOF as the Appellant soon learned the hard way.

During the time span from the time this case came out, Clouded Titles had been on the market for three years and had expanded from its 254-page original version to 432 pages (not the Mayday Edition, which is the revised final version). I knew that judges and attorneys were aware of it … and not just because of its consistent use in the courts.  By that time, the Circuit Clerk of Osceola County, Florida, Armando Ramirez, was introduced to the book and was encouraged by the public to make contact with the author, which led to the commissioning of another land record investigation, which was conducted roughly 90 days AFTER the mortgage loan servicers vowed in writing never to launder the land records with fraudulent documents again, as shown below:

OSCEOLA COUNTY FORENSIC EXAMINATION

The author of this post, once this document was made public, was attacked by the media in what appeared to be political retribution against the Clerk of the Circuit Court (Ramirez), who was again elected to his Clerk’s post in a majority vote the following election cycle.  However, this time, MERS did not play a role in the politicizing and demonizing of the report, which had an attorney opinion letter attached to it like the Williamson County report did.  Instead, the media and foreclosure mill law firms jumped into the fray, slamming the Clerk for spending county money on a report that they maliciously called a “foreclosure audit”.  Again, misuse of the COTA.  The Report issued to the Clerk was just that … a Report outlining the abuses that continued in his own land records from June 1, 2012 to June 1, 2014, well after the mortgage loan servicers agreed to stop putting false and misrepresentative documents in the land records, where they still appear to be continuing on through today!

The Bigger Mistake

What’s even worse is that a lot of wannabe “investigators” who claimed that their research was solid proof did not pass muster in other cases.  As I will demonstrate in the upcoming Chain Of Title Assessment Workshop, to be held online on the Clouded Titles website starting on February 1, 2020, this author has been pontificating all through the ages that Chain of Title Assessments (COTAs) are NOT EVIDENCE in court, despite the ignorance of litigants and their attorneys.  In this workshop, the author will cite a U.S. Supreme Court case that clearly identifies a COTA as research developed from multiple sources and compiled into a report, which this author has constantly maintained is to be used for case development and not as evidence in of itself.  But given the desperation of homeowners, along with the mistakes made by these alleged “foreclosure rescue services” that claim the COTA is their Holy Grail in order to make a buck, these assessments are STILL NOT EVIDENCE in court, as the most recent case out of Idaho demonstrates:

Losee v Deutsche Bank Natl Trust Co, Sup Ct Idaho No 45721 (Nov 29, 2019)

Do you see the date on this case?  It was just issued the day before this author published this post! 

What in the hell are these people thinking?  If I have maintained that a 1943 United States Supreme Court ruling by this nation’s highest court mandates that COTAs cannot be relied on as evidence, why are these wannabe investigators and their litigants ignoring it?

Previously, much to my chagrin, I’ve warned attorneys NOT to waive my COTAs around in court.  One of them did in a Houston federal court and got screamed at by the judge.  This is where the joke about “judges screaming my name and it wasn’t during sex” evolved from. (“Who’s Dave Krieger????!!!!!!!!)

One other attorney in Michigan was forced to let a judge see the COTA (by the judge’s own insistence) because the attorney kept referring to the document while making arguments in court.  Once the judge read the document (assumedly during his lunch break), he got an education, even though it was still NOT being offered as evidence, and ordered the parties to settle the case as he stated, “neither one of you are going to like the way I rule on this one!”   In the end, the bank got the house back and the homeowners got their money back and then some.  This still does not mean that the COTA is evidence unless the material within the COTA is vetted and relied upon by expert witnesses or utilized to craft discovery to go after the underbelly of the other side’s arguments.

I beg of you … please do not continue to misuse these reports.  These reports are meant as investigative research and proper discovery must be utilized to vet the research.  Simply walking into court and waving these reports around screaming “Fraud This!” and “Fraud That!” will get you nowhere.

To get a real idea of HOW TO do a Chain of Title Assessment (COTA) on your own, where you can get a real education, I am offering the first online COTA Workshop on Saturday, February 1st (2020), in 4, 2-part segments, from 9:00 a.m. to 1:00 p.m. Eastern Standard Time.  Here’s the schedule of the online classes:

Sessions 1 and 2, Saturday, February 1, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 3 and 4, Saturday, February 8, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 5 and 6, Saturday, February 15, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 7 and 8, Saturday, February 22, 2020; 9:00 a.m. – 1:00 p.m. (EST)

I have revised the COTA to take the purpose of the workshop out of the “business model mode” and craft it into the “consumer mode” for the purposes of giving you a basic education into the realm of document identification and research.  Click the following link to leave your email address in the blank space provided and the Registration Form will be emailed to you.  Once you are enrolled in all four sessions, you will be able to access the online workshop presentation (as it will be recorded for future use) on the Clouded Titles website!

The Definition of Insanity Needs to Change in Your World!

I can tell you with a certainty that mine has!  In fact, I use COTA research to make money in my real estate investing.  Had homeowners going through foreclosure been thinking about Plan B instead of trying to fight the inevitable losing court battle ratios, America might have had better case law than what it has now.  With the banks creating as much negative case law against homeowners and as tilted as the system is against borrowers who don’t pay their mortgage payments, it’s time to change your mindset and use the COTA to your advantage.  My workshop strategies have now shifted into the realm of COTA use to make money to survive instead of defending your home in a losing battle.

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AN EXAMPLE OF HOW A C & E FITS INTO THE SYSTEM OF THINGS!

(NOT-SO-BREAKING-NEWS — OP-ED) — The poster of this blog is NOT an attorney; however, he works with attorneys to achieve positive results in creating potential legal scenarios that could stop foreclosures dead in their tracks! 

There are times when the legal system “pats itself on the back” and times when it pauses to reflect on past issues.  The party discussed in this case happens to be one Jorge Porter, a gentleman I was introduced to long ago by the late Coral Gables, Florida foreclosure defense attorney John Herrera, who sadly passed away long before his time.   It never ceases to amaze me that “the system of things” that runs the legal profession and the manner in which case law is established and made available to the public comes at a time when it’s convenient for the banking industry and not for consumers.

Such is the case here, where it’s taken several months for a Third DCA Florida case to reveal itself:

CitiMortgage, Inc v Jorge Porter et al, 3D17-2469 (Dec 19, 2018)

Bogus documents?  You bet!  Suspect criminal behavior?  You bet.  The Appellate Court even used the term “criminal” in its ruling!   There are some great Florida cases cited in this ruling, which reflect on past cases where fraudulent documents were introduced into the case, relied upon, to the detriment of the parties bringing these suspect documents into court!

Then surprisingly, months later, the legal profession decided to approach this subject matter, with a blog posting:

Lexology Article on Porter Case (Mar 21, 2019)

When one reads the court’s order … and then reads the Lexology post, it pins the misbehavior directly on the borrower, Jorge Porter!  This also goes to show you that “two wrongs don’t make a right”!  Filing administrative crap in the land records like Deeds of Reconveyance, Substitutions of Trustee, Satisfactions of Mortgage, Land Patents, U.C.C.-1 Financing Statements and the like is NOT the way to solve your problems if you’re facing foreclosure or even default.  Because the Florida Third DCA pointed it out, the appellates did it for a reason.  You cannot file bogus crap in the land records to defeat a lien interest yourself!  We have a process to legally deal with the system of things when bogus documents are suspect.

It’s called a cancellation and expungement action (C & E)!

We wrote a book about it (see below).  No one else has done this because no one has really come up with any viable solution to challenge these documents even though state statutes allow for it.  Not only that, we’ve figured out a way to “make it personal”, which means we’ve figured out a way to by-pass the Fair Debt Collection Practices Act and go after the lawyers, document mills, notaries and title companies who caused this bogus crap to be recorded in the land records in the first place!  All one has to do is go searching in the land records for assignments and I will prove my point 9 times out of 10!   You see, the recent Obduskey decision by the United States Supreme Court doesn’t address ethical violations committed by attorneys for the banks when they rely on bogus, criminally-conspired-and-drafted, fraudulently-recorded documents!  The Obduskey case also does NOT protect the robosigners and notaries whose names appear on these fraudulent documents!

Thus, California attorney Al West and I put together an intensive, two-day class to educate you as to HOW a C & E action is created, researched, analyzed, drafted, filed and executed on!

I’ve blogged about it before, but this case just got under my craw (Jorge Porter should have known better) and I had to share it because when “something is rotten in Denmark” and there are 500-million-plus suspect bogus documents in the land records THAT ARE STILL THERE and STILL CONTINUE TO BE THERE, even AFTER the foreclosure has taken place (some are actually recorded AFTER the foreclosure has taken place … by the very banks doing the foreclosing) … don’t you think you owe it to yourself to research what the “mongoose is to the snake”?

DETAILS ON THE WORKSHOP:

The host hotel has extended the registration deadline until

Friday, March 29th

for those of you wishing to reserve a sleeping room for the event.

The downloadable forms you need to attend are right here:

 LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Simply book your sleeping room for this event by clicking on this link:

 http://group.doubletree.com/ForeclosureDefense

We got a really great room rate and FREE breakfast buffet!

FREE airport shuttle service to and from Las Vegas McCarran Airport (LAS)!

Seating is limited! (and we mean “limited”)

We have millionaire investors … attorneys … homeowners in litigation …

trusts and LLCs in litigation … real estate agents and brokers … paralegals …

ALL REGISTERED TO ATTEND!

The best part is … DIRTY DOCUMENTS apply to all their cases!

You can pay for your attendance fees by visiting THIS LINK!

Once you’ve paid your attendance fee, click here:

FDW REGISTRATION FORM_LAS VEGAS_2019

to download your Registration Form!

Fill it out, scan it and email it HERE!

Make sure you pay attention to all pull-down menus and

related cart processing information!

We have a secure website and we do not store cardholder information!

Everyone attending gets handouts and a copy of the brand new book:

You don’t have much time though.  

The date of this workshop is fast approaching! 

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