Tag Archives: Florida

FLORIDA HOMEOWNERS SHOULD STAY OUT OF BK 7 COURTS IF THEY WANT TO FIGHT FORECLOSURES!

The author of this post is not giving legal advice, just reporting what’s out there.  You should consult a competent foreclosure defense attorney regarding such matters, as the contents in this post appear to reflect the court’s intolerance for homeowners who file bankruptcy to stop a foreclosure. 

OP-ED — 

Folks who are in trouble with their mortgages in Florida really need to strategize before taking the plunge into the abyss known as the Florida legal system, where state judges clearly have “agendas”, the Florida Legislature has “agendas” and the federal courts have “agendas” … all aimed at taking of property when you can’t make the payments on it.  It’s not often that the author of this post steers away from chain of title issues, but there appears to be widespread ignorance (or in the alternative, intolerance) on the part of the Sunshine State’s legal system, which makes things “not so shiny” anymore, given the recent spate of legislation and court actions.

STATE JUDGES

All one needs to do is examine court dockets to see how fast, over time, that Florida circuit judges have blindly assumed that the financial institutions coming before them actually own the promissory note they’re trying to enforce.  It would seem that judges simply rely on the blatant attack on the property owner as just because otherwise, why would this particular bank show up in court?   Because they can!  And they do!  And judges give them so much leeway that Florida homeowners are stymied for options.  This is why the State of Florida has so many zombie homes (despite what the politicians, economists and the media would have you believe) and shadow inventory that sits empty because of title issues.  In very few cases I’ve examined have I seen evidence within a transcript that allowed for a forensic examination of the note, to make sure it’s “original”, like the bank’s attorney says it is.  To show you that the inequity between state court systems is similar in nature, I’m consulting a case in New Jersey where the bank’s law firm sent a “cover lawyer” into court with what appeared to be a “faxed copy” of the note, claiming it to be the “original”.  I think most judges, even in light of the foreclosure defense attorney’s objections, could tell the difference, but nope … this judge said that the word of the law firm and the faxed copy of what it self-authenticated is good enough!  Can you believe that shit?

Another part of the equation is the existence of foreclosure defense lawyers who have seen fit to turn the foreclosure debacle into a cash cow by using delay tactics to keep property owners in their homes, despite the probable outcome that only about 1 in 25 cases brought into court makes it past the 810-day mark in a Florida foreclosure cycle.  Knowing that the odds are never “in their favor” (attributing the quotation to The Hunger Games), frustrated mortgagors then contemplate using bankruptcy court to dodge the “sale bullet”. However, things in Florida are about to change.

THE FLORIDA LEGISLATURE

Effective July 1, 2017, Florida homeowners who run to the bankruptcy court and get their promissory note discharged are going to find themselves without other options to fight the foreclosure.  See House Bill 471 here if you don’t believe me: fl-hb-471  It’s only two pages long and I’m sure you can read (if you’re reading this)!

Simply put, any documentation that is filed in Bankruptcy Court which would indicate surrender of the property (commonly seen in Chapter 7 cases) makes it legally okay for the bank’s attorney to submit that document that was filed in the Bankruptcy Court under penalty of perjury to a Florida circuit judge to get a Final Judgment of Foreclosure.  I see this as a definite negative if you’re trying to fight a foreclosure.  But then again, most homeowners are like electricity.  They want to take the path of least resistance; and declaring bankruptcy is certainly a hell of a lot cheaper than fighting a foreclosure through Florida’s appellate system.

It appears that folks don’t understand the difference between an in rem and an in personam action.  Enforcement of a security instrument, which in Florida’s case is a mortgage, can only happen when the party claiming to have an interest in the property can prove ownership.  An attack on the property through the recorded security instrument is an in rem action (like quiet title actions).  This is why I wrote the book The Quiet Title War Manual (with the professional help of California attorney Al West).  The book explains the difference between the note and the mortgage.  Folks who don’t get it should get this book and read it, because when Al West and I taught quiet title workshops, we hammered these basic principles into the heads of the attendees.  In personam actions are actions involving debt, which in this case is the promissory note, NOT the mortgage!   How convenient it is that the Florida legislature has come up with this House Bill in the wake of the recent court conflicts within the federal system!

THE FLORIDA FEDERAL COURTS

Let’s look at the case of In re Hookerin-re-hooker   Once you get past the first three paragraphs, you’ll understand why the Florida legislature did what it did to help the banks fight continuous counterattacks in state court.  Again, how convenient, to avoid further confusion in the courts.  Let’s just legislate this away, shall we?

Now we come to the slam dunk that affects the way the 11th Circuit Court of Appeals (which covers Florida), has ruled that Chapter 7 debtors who file a bankruptcy action and put forth a statement of intention to surrender the real property cannot later contest a foreclosure in the state court. in-re-failla   If you read the first paragraph of this PUBLISHED OPINION, and then read the background on the case, it appears that the homeowners wanted to “have their cake and eat it too”.  The Failla case simply states: “Debtors who surrender property must get out of the creditor’s way.”   The Florida Legislature (I believe) made sure that a bill was passed that shut off the trough at the source of the feed (so to speak).

No more hogs at the trough.  There have been so many different points of view, it’s understandable that the Florida legislature would pass a bill that state courts could point a finger at and say, “SEE?”   So for those of you thinking that running into bankruptcy court (in any state for that matter) and declaring your intent to surrender the property (God forbid, why would you do that?) under penalty of perjury is so confusing to some when their state court cases get shut down.

ANOTHER WHAMMY! 

It has also become relatively apparent that any homeowner that has placed themselves in the foregoing position and continue to litigate their foreclosure in the state courts of Florida are likely to get sanctioned!   Vexatious litigants are likely to wind up in jail on contempt charges!  I say this because of what happened to foreclosure defense attorney Stuart Golant, 70,  in the Palm Beach County courtroom of Senior Judge Howard Harrison for simply making a motion!

Florida homeowners have had the deck stacked against them by the courts and the legislature in favor of the banks when it comes to promissory note enforcement.  Once a mortgage has been recorded in the land records where the subject property is situated, all it takes is a missed payment and the door to “foreclosure hell” opens to swallow the homeowners whole.   I can’t help but wonder what kind of counseling homeowners have received, given the phone calls and emails I get regarding strategizing an in personam case against them.

ONE MORE TIME …

In a judicial foreclosure state like Florida, a lender comes to court and waves the promissory note around and claims it has the right to enforce the terms of the note!  It should be required to prove that the note is genuine, forensically.  Have the actual paper tested.  Have the ink tested.  Check for pixelation by blowing the note up on a computer screen to examine evidence the note was photoshopped.  Object to the note being entered as the original.  I believe a majority of securitized notes are copies of what was downloaded into the MERS® System and later shredded, as I’ve covered in previous posts.

Once the lender gets the note in front of the court and gets it admitted into evidence and gets the court to agree that U.C.C. Article 3 (Negotiable Instruments) exists and that the alleged lender has the right to enforce the note, THEN the Lender gets to enforce the Security Instrument, the in rem part of the equation.  The security instrument (Mortgage) is then “ripe for the picking”.  Believe it or not, most homeowners think that the lender is foreclosing on the mortgage.  That couldn’t be further from the truth!  The Lender is foreclosing on the Note.  Proving it has the right to enforce the Note means the Lender gets the right to enforce the Security Instrument, not until!

Bankruptcy Courts are designed to handle in personam scenarios.  In personam relates to debt.  Promissory notes are evidence of debt!   Recorded mortgages are evidence of security interests, not debt!   If you’re going to use the bankruptcy court to alleviate your personal obligation to the note, and liquidate it in a Chapter 7 bankruptcy proceeding, be prepared to move out of your home!

Thinking twice about running into Chapter 7 bankruptcy court to stop the sale?   The “system” is ready for you!   (Hint: This is why we have Chapters 11 and 13!)  No matter, if you live in any state where you think the “deck is stacked” against you, plan your “end game” BEFORE you go into default, not after!

And this is why I don’t talk about in personam issues much.  Homeowners really should get a financial education before they sit down at the closing table.

Tune into kdwradio.com every Friday night at 6:00 p.m. EST for my radio show, City Spotlight: Special Edition!   Order any of the author’s books by visiting Clouded Titles!

For those of you waiting for the new FDCPA book, it’s almost ready!   Pre-order your copy today!  (FDCPA actions are for dealing with debt collectors!)

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Filed under Financial Education, Op-Ed Piece

THE SAME OLE’ “MUD” STARTS SURFACING AGAIN IN OSCEOLA COUNTY, FLORIDA!

BREAKING NEWS/OP-ED —

Incumbent Democrat Clerk of the Circuit Courts Armando Ramirez handily won the Democratic Primary, despite what the author of this post deems to be a deliberate “watering down” of the vote by inserting two challengers against Ramirez, who just released another ad campaign poster (shown below):

ramirez-6x10_75

Notice in the above ad the mention of “Fighting Foreclosure Fraud”. There is a reference to the Clerk’s conducting a Forensic Examination of his real property and court records, something that no other Clerk in Florida has attempted, for fear of pissing off the status quo who wants everything to stay just the way things are, corrupt and dishonest.  Well, that’s Florida government and Florida justice for you!

In November, voters will go to the polls and decide between Ramirez and his predecessor (who Ramirez won against in a landslide in the last election), Malcolm Thompson, one of the ole’ “status quo” boys on the Republican ticket.  For the record, Thompson, like all other Clerks in Florida except Ramirez, did nothing about examining his land records and just allowed servicer fraud to run rampant.  It appears that Thompson’s people are dredging up old news again, bringing up the Sheriff’s examination report and the Orlando Sentinel‘s smut piece against Clerk Ramirez, this time, through the Teachers Union.  The Sheriff’s Department’s report was minuscule compared to the voluminous report, accompanied by stacks of exhibits and 17 cases of certified evidence.  What a waste of tax dollars giving an investigation to a law enforcement agency ill equipped to investigate the real issues.

I wish we’d bring back public hanging in the square.

The reason that Hon. Armando Ramirez acted upon his beliefs that the land records he was entrusted with were being corrupted is because some in the voting constituency that Ramirez was elected to serve complained to him about suspected fraudulent documents in the real property records of Osceola County, Florida that were being relied upon by banks in seeking foreclosure judgments against thousands of property owners in Osceola County.  It appears that the judges on the bench at that time did relatively little to educate themselves to recognize those suspect documents and hold the banks accountable.  I figure it is now time for the voters to speak and let the rank and file in Osceola County know they’re pissed off and they’re not going to put up with this nonsense.

This is why Florida’s 9th Circuit voting populus elected Aramis Ayala in the Democratic Primary for that Circuit’s States Attorney position.  Ramirez has thrown his support behind Ayala.  It saddens me to think that current States Attorney Jeff Ashton could have fully investigated a report, namely the OSCEOLA COUNTY FORENSIC EXAMINATION and done something about it, like he did prosecuting Casey Anthony.  Sadly, anyone using company time to play around on Ashley Madison dot com when they could go home and have fun with their spouse speaks volume as to the integrity of an elected official that is supposed to be investigating and rooting out fraud.  Had Ashton had the fortitude to conduct further investigations into the allegations contained in the Report, the outcome of this election might have been different.  This is why I believe he passed the buck onto the Osceola County Sheriff’s Department, whose “commander-in-chief”, Robert Hansel, isn’t running for reelection again. There are a whole host of reasons why his department needs to be investigated.  I can think of two of them:

  1. Accessing National Crime Information Center (NCIC) records without cause and leaking the contents of them to the media. The Associated Press has reported that law enforcement personnel are being prosecuted and imprisoned for abusing the databases to gain access to serve their own personal agendas; and
  2. Charging an individual with “resisting arrest without violence” without claiming WHAT charge they were arrested for in the first place!   I point to the incident where Forensic Examiner Hector Acosta’s stepson was tasered by sheriff’s deputies on his own front lawn around 3:45 a.m. as he was trying to enter his own home to go to bed.  I believe this was in retaliation for Acosta’s participation in the Forensic Examination.  It is obvious to me that the Sheriff’s Department was misusing public funds to stalk Acosta and his family to “send a message” to Acosta about WHO is in control here.  Civil rights charges are pending at this time.

If the foregoing are only related to the release of the Forensic Examination in Osceola County, can you imagine what other atrocities were committed by the Sheriff’s Department, like wrongfully evicting thousands of Osceola County homeowners at $90 a pop, based on fraudulent documents that were the subject of the Report?   It’s no wonder the Sheriff’s Department detectives got so pissed off at Al West in our February 9, 2015 meeting with them when Mr. West, an attorney who was one of the examiners in the Forensic Examination, asked them whether they thought the county faced “exposure” … in other words … civil liability for wrongfully evicting homeowners based on fraudulent documents used in reliance by the banks to obtain illicit Final Judgments of Foreclosure against them by the Courts.  What happened here speaks directly to the judges who could have prevented this crap from happening in the first place, yet failed to do so because the Florida Supreme Court mandated that they clear their foreclosure dockets.

Florida Attorney General Pam Bondi did nothing to investigate any of the Report’s contents either, and I can tell you she knows this Report is out there.   What does that say about her credibility?   Anything to preserve the status quo.

In this simple equation, calculate in your mind what you are voting for in November.  

  1. Both sides of the aisle have put us in the predicament we’re in now!
  2. Serving Democrats generally vote to raise taxes and regulate business!
  3. Serving Republicans generally vote to lower taxes and deregulate business!
  4. We no longer have a “republic” as Ben Franklin stated, “if you can keep it”!
  5. Neither presidential candidate can actually deliver what they promised during any of the debates without the help of Congress.  Gee, have we forgotten what the Executive Branch of government is supposed to do?  ENFORCE THE LAWS!  Like Eric Holder was supposed to do in the wake of the 2008 financial crisis, yet did nothing to prosecute the banks!  And you want four more years of nothing being done to right the wrongs?   Is SIGTARP the only entity waging war in this fight?  Think about that when you pull the lever in your choice of candidates!

When it comes to economic changes in Florida, take heart the following:

  1. Florida’s citrus crop is going to shit … and voters will be asked to enact medical marijuana, which they should (Amendment 2).  We need to replace the failing citrus crops with hemp production (the male plant), for the purposes of growing hemp for CBD oil (for medicinal use) and the rest of the plant for “Hempcrete” (see the following link): https://www.youtube.com/watch?v=eZbYsMsMW4Q
  2. I could care less about smoking pot.  I don’t have the same agenda as potheads.  My agenda is the same as John Morgan (of Morgan & Morgan, the law firm pushing Amendment 2). The era of the “war on drugs” cost U.S. taxpayers tens of billions of dollars … and for what … to be told by the rank and file that “reefer madness” (an old crap adage of the 1960’s) will take shape in the Sunshine State?  I think people have gotten past that argument.
  3. Voters all across the U.S. are “waking up”, especially in light of the pomposity of the media in “structuring” the questions posited within the presidential debates.  There was nothing really presidential about them, was there?  If Florida doesn’t reinvent itself, it will suffer economically, no question about it.
  4. These hemp operations would be regulated as well, and I really don’t believe that an educated public is going to fall for the garbage being promulgated by the paranoid that “pot” is all the same.  The female plant is used to get stoned.  The male plant is used to make hempcrete, rope, clothing and other needful items, just like it used to be before the U.S. government stepped in and made everything a crime because Congress thinks that if the entire country gets stoned, we’ll all succumb to Communism.  What a joke!  Seriously?  Like that’s going to happen?

Our Congress is a joke!   But you keep electing them.  That’s something else that needs to change, all the way down to the state and county level.  You keep putting the rank and file into office?   Remember the definition of insanity … doing the same thing you did ten years ago, voting the same rank and file into office, expecting different results.  The status quo continues to wallow in their power when voters don’t let their voices be heard.  Now, you get to be the judge in November!  Vote your conscience, not your party line!

 

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Filed under Breaking News, Op-Ed Piece

THE FLORIDA BEAUVAIS CASE: PREDICATED ON LIES AND DECEPTION … FLORIDA’S LATEST JOKE!

(Op-Ed, Financial Education) — The following observations make the Florida Circuit Court in Miami-Dade County and the Third Circuit Court of Appeals look like a friggin’ joke!   In other words, how many amicus briefs can you put forward to twist the truth, bury the falsification of documents, cover up the misdeeds of counsel and misdirect all of the fraud on the court?  

SIDE NOTE: … not to mention all of the felony misrepresentation within the recorded documents used to turn this case into what it is … this case has turned the Florida court system into the laughing stock of the nation!  We’re not laughing with you, your Honor! We’re laughing AT YOU! The banks and the HOA lawyers really pulled a good one over on you this time! 

It is no surprise that the Third District Court of Appeals would rehear and reverse the Beauvais decision, which in of itself, was based on so much controversy that it boggles the mind.  It’s also no surprise that everyone was quick to say the reversal of the DCA’s previous ruling was against Florida homeowners and that my inbox would be flooded with negative comments about the decision, obviously anti-homeowner.

Let’s take the obvious for what it is, shall we?

Florida is pro bank.  The Florida Mortgage Bankers Association and Lender Processing Services own the controlling interests in the Florida legislature and have a distinct foothold on Florida Attorney General Pam Bondi.  This is why Bondi will not investigate anything having to do with the real reasons Beauvais is here in the first place!  When you have attorneys who lobby on behalf of the banks submitting amicus briefs to align themselves with this reversal, it only shows that document manufacturing orchestrated by these very attorneys hasn’t stopped.  Despite the AG Settlement in 2012, these same law firms continue to supervise (along with the title companies) the production of documents generated to steal peoples’ homes.  The circuit court justices in the State of Florida don’t want to understand that their state-sponsored retirement system is funded by fraudulent RMBS’s that have already been paid off dozens of times over and that ruling against document manufacturing won’t hurt their retirement funds.  The Florida Court system is politically motivated to screw Florida homeowners and sadly, very few Florida homeowners “get it”.  Unless you’ve been affected by a foreclosure and did the homework on your own chain of title, you wouldn’t know a corrupt document if it bit you in the ass!  Beauvais is just another example of an entire chain of title gone wrong.  It’s always the chain of title … and Florida title companies are in the middle of it!  Yup, tar and feathering is what they used to do.  There were no “settlements” back then.

While bankers’ attorneys are groveling at their latest accomplishments (including MERS attorneys who are knee deep in this), the diversion of attention to the real facts have been deliberately misplaced.  In fact, Mr. Harry Beauvais is partially to blame!  He sat on his thumbs and did nothing.  He let his HOA do the talking for him.  At that point, the whole charade was everything but “who has title”.  For those of you who have been to our Quiet Title Workshops, this case has blatantly and deliberately circumvented all of the real issues in favor of arguing “debt collection issues” having to do with statute of limitations.  What foreclosure defense attorneys don’t seem to understand is that banks’ attorneys craft their pleadings to “steer” the both the homeowner and the attorney into a corner, where they can only paint a limited picture to the courts and control the narrative.  Unless you’ve come up with something definitive you can hang your hat on, like in the infamous Nash and Dinmant cases, you’ll lose.  That is exactly what we have here!  And EVERYBODY missed the point!  Read the latest ruling and see if you can spot the real truth: DBNTCA v Beauvais et al, 3D14-575

Time for a COTA-in-brief!

The first diversion from the real truth came at the very outset of the loan!  Let’s look at the subject mortgage for a moment to see exactly where the “problem” originated. The HOA in this case never argued the fact that THE LENDER WAS A FICTION!  See for yourself: Beauvais Mortgage 

The Lender was NOT what it said it was, a New York Corporation.  In fact, like America’s Wholesale Lender (“AWL”), it was not registered to do business in the State of Florida! American Brokers Conduit (“ABC”) was in fact, another one of these fabricated posturings by the banks to fool homeowners and their attorneys, who think that this entity (an illegitimately unregistered “assumed name” of American Home Mortgage Finance Corporation) actually had some sort of authority to loan money, when in fact, everything about it parallels AWL!  Thus, the entire Beauvais case was predicated on fraud, yet the real problem was deliberately argued off in another direction so the courts would see the “real problem”: ABC Registration, NY Dept of State, Div. of Corps. (3-16-2012)  

(1) ABC was never a New York Corporation at the time Mr. Beauvais signed his note and mortgage!  And here I thought fraud vitiated the contract.  We have a serious breach issue ab initio because the Lender (as you can plainly see on its face) could NOT have loaned Mr. Beauvais a nickel because it did not exist in form.

(2) The 2012-formed “ABC” has nothing to do with the now-bankrupt chain of entities connected with American Home Mortgage Finance Corporation!  Plain and simple. Even in the first two pages, anyone researching the New York address on Page 2 of Beauvais mortgage could spot what I’m arguing here.  And the Third DCA went right along with their derailed train of thought without even giving the subject mortgage a serious glance.  Remember, you can only argue what was pontificated in the “lower tribunal”, which should be ashamed of itself, like Mr. Beauvais.  How in the hell can you sign a note and mortgage for $1.4-million and walk away when the going gets tough?  Worse is the fact that there are other documents in the chain of title that smack of the same findings that my team and I found in the OSCEOLA COUNTY FORENSIC EXAMINATION that no prosecuting entity seems to want to really investigate.

(3) Three suspect assignments followed the (note and) mortgage … and why am I not surprised that MERS is involved here!  It’s no wonder that Robert Brochin and his law firm (Morgan Lewis & Bockius, who represent MERS) put an amicus brief into the mix!  Another diversionary tactic to fool the courts. Look at the Beauvais Mortgage again.  See the MIN (100024200011269624)?  That’s evidence that the funds came from investors and not the fiction itself.  After the loan documents were uploaded into the MERS® System, they were likely shredded: (a.) to cover up any existence outside of the MERS database; and (b.) to force the bank’s attorneys to orchestrate a charade of document manufacturing found here:

ASSIGNMENT #1:

MERS (a fiction) assigning a note and mortgage as nominee for another fiction (ABC) by AHMSI’s own employees, orchestrated by foreclosure mill attorney Jack S. Lewis, Esq. on behalf of the foreclosure mill law firm Adorno & Yoss, LLP: MERS ASSN OF MTG_2006 

First, understand (if you don’t already), that each REMIC trust is only allowed to stay active for one year according to IRS regulations. This assignment, dated June 8, 2006, was executed by a known robosigner who is employed by the Servicer (the “Assignee” in the document), which means that the attorney and the Servicer orchestrated the manufacture of a misrepresentative document for the purposes of stealing the property, which is a felony in Florida!

Second, if you look up the REMIC involved here that Deutsche Bank claims to represent (SEC Info – American Home Mortgage Investment Trust 2006-2 – ‘424B5’ on 7:5:06), you’ll notice the cut-off and closing dates (which I’ve restated here), signify WHEN the IRS regulations (and those of New York trust law) state you must transfer the loan documents into the REMIC: (a.) the Cut-off Date was June 1, 2006; and (b.) the Closing Date is June 30, 2006.  This means that instead of putting the loan documents into the trust pool, the assignment of the Note and Mortgage by AHMSI’s own employees to AHMSI was signed AFTER the cut-off date!  This invalidates the entire securitization process!

Third, when a search of the REMIC itself in the SEC files was conducted using the words “American Brokers Conduit”, there was no mention of ABC anywhere in the document.  

Fourth, when you look at the transaction structure for the REMIC, do you see ABC anywhere in the structure?:

2006-2 Structure

Didn’t think so.  In fact, the New York Corporation address claimed by ABC in the Beauvais Mortgage is the same address as is contained in the 424(b)(5) Prospectus for the REMIC trust, and I quote directly from it: The depositor’s principal executive offices are located at 538 Broadhollow Road, Melville, New York 11747 and its phone number is (877) 281-5500. Thus, Goldman Sachs, Lehman Brothers, RBS Investment Capital and UBS Investment Bank were involved in this “transaction structure” and ultimately had something to do with the funding of the loan.  Because of the players involved here, this “problem” is now an international one.

Also of key significance here is that the MERS business model is being used by AHMSI employees to facilitate the covering up of the misdeeds in the entire loan process and chain of title.  The banks of course set this whole charade up knowing that no one at MERS could be held directly culpable not having any knowledge of the transaction.  Only through discovery and grand jury testimony could any of this information ever come to light.

But the real points here are: (a.) ABC is the claimed “lender”, organized as a corporation under the Laws of New York, when in fact, that is false; (b.) the document was recorded in the public record as a MERS-originated Mortgage, which means “securitization” was intended; and (c.) the attorney for Adorno & Yoss didn’t care about the Cut-off Date of the REMIC because if he did (and he prepared the bloody assignment), it would have been generated long before then and the Assignee would NOT have been AHMSI, it would have been the REMIC trust!  FAILURE #1!

Suspect evidence: Notary Fraud; Document Fraud: Perjury and Subornation of Perjury by counsel; Florida Criminal Code Violations; Fraud on the Court; securitization failure; securities fraud; mortgage fraud; criminal RICO

 

ASSIGNMENT #2:

MERS (a fiction) assigning a note and mortgage as nominee for another fiction (ABC) by AHMSI’s own employees, orchestrated by foreclosure mill attorney Jack S. Lewis, Esq. on behalf of the foreclosure mill law firm Adorno & Yoss, LLP: MERS ASSN OF MTG2_2006

WOW!  As the Forrest Gump saying goes, “Stupid is as stupid does!”  Notice from the second assignment, it appears almost identical to the first assignment, except it is dated SIX MONTHS EARLIER (January 8, 2006), unlike its predecessor assignment recorded on June 16, 2006, this document was recorded on February 8, 2007.  How can that be?   Is it because the attorney realized in drafting Assignment #1 that he screwed up?  Did the attorney even draft the assignments?  Notice that there is no second “witness” on this document, allegedly signed SIX MONTHS EARLIER (before the first assignment).  Oh, come on now!  Do the friggin’ math!   We have two assignments from MERS (who has no authority to assign the Note because it can’t prove when it HAD the Note), dated six months apart, to the SAME ASSIGNEE (instead of the REMIC), violating all of the same tenets discussed in Assignment #1, and THIS DOCUMENT was also recorded in the real property records of Miami-Dade County, Florida!  It is amazing how attorneys will step all over their own privates to reverse engineer documents in an attempt to perfect the chain of title and continue to screw it up in the process.

Also of key significance here is that the MERS business model is being used by AHMSI employees to facilitate the covering up of the misdeeds in the entire loan process and chain of title.  The banks of course set this whole charade up knowing that no one at MERS could be held directly culpable not having any knowledge of the transaction.  Only through discovery and grand jury testimony could any of this information ever come to light.

Of course, this chain of assignments looks to be no different than that of the crap issued by the Law Offices of David J. Stern before he was disbarred.  The key issue here is, neither attorney is sitting in prison right now.

But the real points here are: (a.) ABC is the claimed “lender”, organized as a corporation under the Laws of New York, when in fact, that is false; (b.) the document was recorded in the public record as a MERS-originated Mortgage, which means “securitization” was intended;  (c.) the attorney for Adorno & Yoss obviously didn’t supervise the preparation of the assignment because if he did, he would have caught the dates and realized he was now caught up in a web of deceit of his own making; and (d.) the REMIC trust still did not get the benefit of the assignment, which by now is public record!  FAILURE #2!

Suspect evidence: Notary Fraud; Document Fraud: Perjury and Subornation of Perjury by counsel; Florida Criminal Code Violations; Fraud on the Court; securitization failure; securities fraud; mortgage fraud; criminal RICO

 

ASSIGNMENT #3: 

All the while the issue of WHO HAS TITLE is working its way through the court system in Florida, employees of Homeward Residential, Inc. formerly known as AHMSI (who technically got nothing via assignment, if you’ve been keeping up with the chain of fraudulent assignments), is now assigning ONLY the Mortgage (the assignment of the Note is obviously absent) by Homeward Residential’s own employees, led by alleged Vice President April Caroon (see the following info from her LinkedIn page), finally assigned ONLY the Mortgage to the REMIC:

April Caroon Screenshot_LinkedIn

April Caroon LinkedIn Background Info

You gotta hand it to these people, they’re real smart, using Homeward Residential’s Texas address while signing off on the document in Duval County, Florida and then causing it to be recorded in the real property records using MERS (again) to cover up their misdeeds.  It would obviously necessitate some sort of discovery to show WHO actually had the shredded original note.  LOL!  But this never happened because Harry Beauvais was ready to accept the cash and move into a pricey Miami-Dade home, not caring about the consequences he left in the wake of the foreclosure on his home.

I don’t see anywhere in April Caroon’s information where she claimed to be a Vice President of Homeward Residential, Inc., do you?   If I was an officer of a company and I was posting on LinkedIn, I sure would be bragging about being an officer of that company.  But in fact, she wasn’t, was she?

As any good researcher would do, I pulled Homeward Residential’s incorporation file: Florida Dept. of State, Div. of Corps. Registration ListingHomeward Residential is an ACTIVE corporation in the State of Florida, but I didn’t see April Caroon’s name listed as a Vice President.  In fact, for the year she claimed to have signed the document (2012), I pulled the Annual Report for Homeward Residential, which you can view here: 2012 For Profit Corp Annual Reportand I sure as hell don’t see April Caroon’s name listed here as a Vice President, do you?

This assignment typifies virtually every kind of foreclosure conducted in Florida, yet in this case, we’re arguing statute of limitations issues in an attempt to get a “free house” (either by Deutsche Bank, the Servicer and/or the HOA, Aqua) the cheapest way possible, by just making shit up as you go along and then plying that shit on the court system, who eats what is put in front of it … and a mile of it at that!

But the real points here are: (a.) ABC is the claimed “lender”, organized as a corporation under the Laws of New York, when in fact, that is false; (b.) the document was recorded in the public record as a MERS-originated Mortgage, which means “securitization” was intended;  (c.) it appears that a non-lawyer working at the foreclosure mill law firm of Robertson, Anschutz & Schneid, P.L. prepared the document, which may indeed have UPL consequences if it is found that the preparation was unsupervised by an attorney; and (d.) the REMIC trust got the benefit of the assignment alright, SIX YEARS TOO LATE!  FAILURE #3!

Suspect evidence: Notary Fraud; Document Fraud: Perjury and Subornation of Perjury by counsel; Florida Criminal Code Violations; Fraud on the Court; securitization failure; securities fraud; mortgage fraud; criminal RICO, Unauthorized Practice of Law

(4) Given the manner in which securitization works … as Al West puts it, “it gets better”!  If further investigation were to take place surrounding the securitization failure, one would likely find:

(a.) that upon default (Day 91), the REMIC collected at least 82% of the value of the loan (multiple times over) based on the credit default swap insurance side bets placed on the failure of the note, making a loan through a fiction that the players knew didn’t qualify for such an expensive mortgage, but did it anyway and structured the loan to fail so it could collect;

(b.) that upon default (Day 91), the REMIC could go collect on any other default insurance policies put into place prior to the registration of the loan;

(c.) that after the default, the REMIC went screaming to the title company, claiming the title was all f**ked up, and collected on a title insurance policy.

So, if an investigation by someone with some real authority were to pan out and the real truth be known:

(a.) the real players behind this mortgage loan did NOT include ABC, which is a fictitious fraud and did NOT exist in reality at the time the mortgage loan was made;

(b.) the parties involved in the manufacture of the assignments clearly knew what was at stake and that the mortgage loan was paid in full before the foreclosure process even started; and

(c.) the parties found something new to argue about in order to deflect from the real truth because the “not so real truth” is an easier pill to swallow when it comes to screwing over Florida property owners in the courts making bad case law over something totally irrelevant as statute of limitations, when fraud vitiated Beauvais’ mortgage loan in the first place!

Did the Third District Court of Appeals get a plate full of shit to digest?  You bet!

Were the real matters involving the loan itself ever made a part of this case?   Nope!

Did the banking cartels ever mean for any of this to see the light of day?  Nope!

Did the Circuit Court judge give a damn about the chain of title to the property?  Nope!

Is there more suspect document manufacturing going on AFTER the 2012 AG Settlement? Most definitely!

Are the foreclosure mill law firms involved in this suspect criminal RICO activity?  You be the judge!

Does statute of limitations really matter, given the propensity of the banks to outspend Florida property owners to screw them over in the Florida courts?  Nope!  This is a diversion, to deflect from the real truth.

So you ignorant litigants out there, keep arguing those SOL issues and see where they get you!

And now you have Florida’s latest “joke” all neatly laid out for you … which will go unheeded because, as you know, most Florida politicians and judges are bank-owned, just like foreclosed properties, so buying real estate in Florida involves some real serious caveats, including Florida politics,  especially when buying foreclosed homes, or any home for that matter, in the Sunshine State!  This is “the joke” that is Florida!

Stick that where the sun never shines! 

I rest my case.

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Filed under Breaking News, Chain of Title Education, Financial Education, Op-Ed Piece, Quiet Title Education

TAMPA QUIET TITLE WORKSHOP ADVISORY …

TAMPA QUIET TITLE WORKSHOP ADVISORY …

There is a total of 36 seats (2 to a table) for this workshop, which is scheduled for April 2-3, 2016 at the Tampa Airport Marriott.  Please do not wait until the last minute to make your reservations to attend, as there will be a last minute onslaught that will not be able to get into the workshop because seating is limited and we anticipate national exposure prior to this event.  The price is still $895.00, but there is no early bird special any longer.  This means that if you show up the day of the event to pay your $895.00, we may not be able to guarantee you a seat.  Even if you bought a copy of THE QUIET TITLE WAR MANUAL in advance, you will still get a free copy when you arrive at the Workshop (perhaps you’ll want to share this with your attorney, or better yet, get your attorney to this workshop)!  There are no discounts given to any of the remaining workshops because they are now co-sponsored.

Download the flyer and the registration form here: QT WORKSHOP_TAMPA 2016_REGISTRATION FORM        QT WORKSHOP FLYER_TAMPA 2016

There is wi-fi in the hotel and in your sleeping rooms, if you are booking a room at the Marriott; however, there will be no wi-fi in the meeting room because you will not need it there.  We will also be discussing TILA issues as they relate to quiet title actions and will have a handout to that effect.  Also, look for three (3) brand new PowerPoint presentations on the USB flash drive, based on the handouts we gave out at the Redondo Beach, California workshop.   The flash drive contains over 10GB of research information on it!  The flash drive alone is growing in size and is still worth the price of admission alone.  You are also encouraged to make your sleeping room arrangements before March 24, 2016, because the hotel has extended the group discount (mention the Quiet Title Workshop to get the group rate) until that date.  After that, you make have to make sleeping room arrangements on Expedia or some other search engine.

The Quiet Title War Manual (as expected) is flying out the door.  Get your copy now before we have to stop selling them to accommodate a re-order!

Do not file a quiet title action until you’ve attended a workshop!  We don’t need bad case law!   Bad case law affects everybody!

Visit CloudedTitles.com for more information and make your reservations early!

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WELLS FARGO, CARRINGTON MORTGAGE SERVICES GET A $5,000,000+ BEAT DOWN BY HOUSTON, TEXAS JURY!

The issues discussed in this post are for educational research purposes only and does not constitute the rendering of legal advice.

It was a glorious day for David and Mary Ellen Wolf when a Houston, Texas jury awarded them in excess of $5-million in damages in their case against Wells Fargo Bank, N.A. and Carrington Mortgage Services.  See the Charging Instrument here: Wolf v Wells Fargo Bank et al_2011-36476_Nov. 6, 2015_Charge of the Court

At issue for the jury to determine was whether the Assignment of Lien was valid under Texas Law … you be the judge: Wolf-Transfer-of-Lien-NCMC-to-WF-10.15.2009

If you’ll notice the robosigned signature of Tom Croft, claiming to have some authority vested in him by the then-defunct New Century Mortgage Corporation, it contains rubber stamped “markers” on the document and is overwhelmingly TOO LATE to be transferred into the Carrington Mortgage Loan Trust, Series 2006-NC3, whose cut-off date was August 1, 2006, as shown on page 9 of the pooling and servicing agreement (“PSA”), attached here: SEC Info – Carrington Mortgage Loan Trust, Series 2006-NC3 – ‘424B5’ on 8:8:06.

If you’ve never read a PSA, you’ll find it in an easy-to-read format on SECINFO.COM.  Once you get inside of the trust pool (all you have to do is conduct a search using the series number of your trust, e.g. “2006-NC3”) information, look up the “424(b)(5) prospectus” information.  The PSA is buried inside of that document, as attached above in the Wolf case.  Some of you may have had the pleasure of navigating this site already, so please forgive my indulgence on behalf of those who have not done so.

The reason these documents have to be filed with the trust by the Cut-Off Date is because on the Closing Date, which is the start-up date of the REMIC trust, the bond certificates are issued by the Trustee of the Trust to the certificate holders (the investors who put their money into the REMIC that allegedly funded your mortgage loan).  For those of you who do not know, “REMIC” is an acronym for Real Estate Mortgage Investment Conduit.

All documents, including the Assignment or Transfer of Lien, and the Note, have to be conveyed BY THE CUT-OFF DATE (which in this case was August 1, 2006) into the trust pool in order to be accepted into the REMIC and receive tax-exempt status, according to the Internal Revenue Code and through congressional mandates found in 17 CFR 210, 228, 229, et seq.  This CFR reference (Code of Federal Regulations) is a 127-page document that was given legal effect when in was published in the Federal Register.  You can find it online simply by Googling it and asking for it in “pdf” format.  This is one of the items we will be sharing with you in more detail in the upcoming online COTA Workshop, being published in sections, on the CloudedTitles.com website.  I highly encourage you to sign up for it if you haven’t attend a live COTA Workshop in the past.

There are many of you reading this blog for the first time that may not even know that DK Consultants LLC has held workshops of this nature since May of 2012.  We no longer hold them in live fashion because of the out-of-pocket expenses for the attendees for coming to these 3-day events.  However, the Quiet Title Workshops have been fine-tuned to a 2-day event (Saturday and Sunday), to allow you to fly or drive into an area and stay a night or two if that’s your choosing (and your schedule can accommodate it).  We are finalizing the 2016 Quiet Title Workshop schedule for the following cities and months:

  1. Redondo Beach, California (Crowne Plaza Hotel & Marina), January 30-31, 2016
  2. Tampa Florida, Tampa Airport Marriott Hotel, April 2-3, 2016
  3. Chicago, Illinois, May, 2016 (location TBA soon)
  4. Las Vegas, Nevada, July, 2016 (location TBA soon)
  5. Baltimore, Maryland, September, 2016 (location TBA soon)

Now that you have the tentative scheduling, you can make plans to attend one or more of these workshops. Al West and I will be lecturing at these events.  You get to ask questions about quiet title actions and learn how they are processed.  Subscribe to these posts for more updated information as it becomes available.

Sum and Substance of the Transfer of Lien

The problem with the transfer of the lien in the Wolf case is that the jury determined the transfer was fraudulent at the time the document was executed and the parties executing it knew it was fraudulent when they executed it.

This is one of the key issues portrayed in the OSCEOLA COUNTY FORENSIC EXAMINATION conducted by DK Consultants LLC, released to the Clerk of the Circuit Court on December 30, 2014.  You will also notice that the law firm’s name is mentioned on the Transfer of Lien as well.  This was done for a purpose: to create standing for the named entity (the “assignee”) to foreclose on the Wolf’s property.  Whenever a law firm’s name is mentioned on any assignment, you can bet: (1) the law firm had a hand in drafting the assignment; (2) the law firm had a hand in directing the execution of the assignment; and (3) the law firm had a hand in causing the assignment to be recorded in the land records where the property is located. This would make the law firm criminally liable under the RICO statutes.  There are over two dozen law firms mentioned in the Forensic Examination from Osceola County, Florida that are soon-to-be-scrutinized by the Justice Department, who the report was recently referred to by Congressman Alan Grayson’s office.

One of the other patterns demonstrated in the Forensic Examination was that it was customary to see an assignment “pop up” shortly BEFORE or AFTER the foreclosure sale or judicial foreclosure action was commenced in order to facilitate “phony standing” for the foreclosing party.  Ask yourself, “Why did it take them so long to issue the assignment, if they knew exactly when the transfer of the note and mortgage took place”?  Because the parties executing the assignment DID NOT KNOW WHEN the actual transfer occurred!  How can you testify to something you have no knowledge of?  I think there’s enough case law establishing that.  Give me any state, I’ll find you a case that says that you can’t testify to something you have no knowledge of.  This could be construed as hearsay, which is inadmissable in court in virtually all instances.

So the sum and substance is (for your direct benefit) … always check the real property records at or near the time of foreclosure to see WHAT “pops up”.  You may have similar issues as the Wolf’s.  They were lucky in the civil realm that this case went before the jury. You can bet Wells Fargo will appeal the verdict as will Carrington.  I still want to see criminal indictments handed down for the fraudulent filings because there are criminal penal codes in place for that very reason. I’ll bet you do too!

 

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Filed under Breaking News, Chain of Title Education, Financial Education, Quiet Title Education