Tag Archives: forbearance

FIGHTING TWO BATTLES AT ONCE

(OP-ED) — The opinions expressed in this post are those of the author and do not reflect the opinions or affirmations of the political hierarchy in America.  These opinions are offered for the purposes of self-preservation in a time of dual crises in America. 

POSTULATING REALITY

America is in crisis mode.

I would say that the statement I just made is correct given that we have two separate battles we are fighting.  One to save ourselves and one to save our homes.

I think we can all agree that the combination of circumstances could be timed to coincide with each other (the coronavirus pandemic and the execution of George Floyd) as catalysts for what is to come (a spike in COVID-19 cases and the upstart of foreclosures) because (with the help of the liberal media) most of America is “not awake” and is being conditioned for slaughter (if not at the hands of the rioting, then at the hands of the vaccine) and potential homelessness (or direct conflict on America’s streets).

Given what we know about the scientific mapping of xenotropic murine retroviruses (XMRV’s) and the medias ignorance of them, Americans are in the middle of a war for their votes as well as their mindsets.  Most of the folks on this blog have read up on the research conducted by Dr. Judy A. Mikovits (who I would like to interview on my radio show, specifically about the science … to have her explain all of this in layman’s terms) which she claims was covered up by Dr. Anthony Fauci and the National Institutes of Health (the NIH) and others, who rewrote and published false data in order to cover up government liability for allowing lethal vaccines and viruses to be put out into America and the world.  Several scientists who attempt to go public with information that could be considered vital to saving lives ended up dead.  This is documented fact.  In her book, Plague Of Corruption, Dr. Mikovits gives the names of those individuals and briefly outlines their tragic endings, most of which were ruled suicides (e.g. Vince Foster).  There is no conspiracy when it can be documented that: (a.) the dead individuals were scientists; (b.) the dead individuals were involved in government research; and (c.) the individuals are dead in tandem with their data being whitewashed by government-funded agencies.

THE TIP OF THE ICEBERG

This scenario goes deeper than just the idea that a vaccine (the savior of the world) is being synthesized in at least 8 different laboratories (according to Fauci himself; using lab rats and former COVID-19 patients) with the intended use of being injected into unsuspecting “victims”, all of whom should consider themselves “guinea pigs of science”.  As Dr. Fauci admitted to the Senate (regarding the vaccine and its development) in contradictory vernacular … “The NIH trials moved very quickly … on January 10th the sequence was known.”

Wait a minute.

If the World Health Organization (WHO) knew on December 31, 2019 that the coronavirus was wreaking havoc on the Hubei province in China, then, in order to conduct trials to have a result by January 1oth (as to an RNA sequence of the retrovirus), then Fauci and others either had previously known of a breach of safety protocols at the Wuhan Institute of Virology and had actual samples provided to them to begin sequence testing on.  Remember the timeline.  WHO did not announce this pandemic until January 15, 2020 and only a small percentage of America paid any attention (“It can’t happen here.”).  Vaccine development, according to Fauci’s own testimony to the United States Senate, began on January 14th (2020) … the day BEFORE the World Health Organization announced an active worldwide pandemic.

How could Fauci and the NIH know what they were looking for unless they had access to the virus?  We have to ask why the Wuhan and Fort Detrick, Maryland bio-labs shut down?  Who gave Fauci and the NIH the money to fund the Wuhan Institute of Virology’s experiments with coronaviruses?   What did either facility have to gain by culturing these viruses in a lab?   Why did it all of a sudden become necessary to cause a major distraction in America, following bailouts of the “too-big-to-fails” as well as the minuscule payouts to American taxpayers to create a sense of false security (like our government was actually doing something to jump start the economy)?

The major distraction I’m talking about here is the purposeful videotaping and dissemination of the execution of George Floyd at the hands of four Minneapolis Police Officers.

At the point I saw the video, I’m asking myself (and you may have been too):

  1. Why did the person doing the videoing of the execution not tell others to call 9-1-1 and report what they were witnessing to tell dispatchers to send supervisory personnel to the scene to stop the execution?
  2. What purpose did the cop who had his knee on Floyd’s neck have for staring blindly into the camera as if he were purposefully making Floyd’s death look like a white-on-black crime of police brutality?
  3. Why didn’t the bystanders to the entire event jump the cops and pull them away from Floyd and beat the holy shit out of the cops and save Floyd’s life?

These bystanders saw one of their own in trouble and did nothing to help George Floyd.  And now they scream “Black Lives Matter” while infiltrators penetrated their ranks and caused riots, burning and looting of stores and homes, while beating and killing store owners and police/security who were trying to defend others and their property?

I don’t get it.  Well … maybe I do, but are you ready for the realization that all of this was orchestrated to draw your attention away from the real caper?

The vaccine … and the tainting of the upcoming elections to steer America further into socialism.

Fauci told the Senate that the vaccines would be ready by late winter, yet it has already been announced that over a million vaccines are ready to be administered.

Something isn’t right here. 

Fauci claims that America is “Chairman” of the vaccine program and he further admitted that a vaccine will be produced to inoculate the world, not knowing of the consequences (the risk) of whether the vaccine will actually work.

“I must warn that there is also the possibility of negative consequences … that certain vaccines can actually enhance the negative effect of the infection.  The big unknown is efficacy.”  Fauci told the Senate.  Efficacy has to do with the success of a desired result.  What might that result be if the consequences could be negative?  DEATH?

Fauci went on to admit that all of the research has been accelerated through public and private partnerships (with Big Pharma, the bunch that has the biggest lobbying effort in Congress) to speed up the research and production of the vaccine so that billions of doses can be sent out worldwide … this is like a rush to judgment in my book.

Until they start inoculating the willing souls, we won’t know whether they’re actually going to be giving Americans and citizens of the world a vaccine that could infect human tissues with retroviruses that will kill over half of those injected within a short period of time.  Imagine only having half the world’s population to contend with?

Would it be easier to deal with and control many billions of people?  Or would it be easier to deal with and control millions of people?  Would lower numbers make it logically easier to control the population of any given country?

THE SECOND “WAR ON AMERICA”

And as states allow the administration of the vaccine, not knowing of the intended or unintended consequences of its administration, the folks who were out protesting (and rioting and looting and burning) have now potentially put themselves in harm’s way, not just from the vaccine itself (which might deliberately give them a full-blown case of COVID-19 which will kill them), but leave their families destitute … and what happens when you let your guard down?

The banks strike!

The next major land grab may play out this way.  And if you have been indoctrinated by “false flag programming” (media conditioning), you will not be of sound mind to wage war against the mortgage loan servicers coming to take your home. Look at it this way … throughout history … who makes money off of wars?

The banks do!

Throughout history it has been shown that the major banking institutions have funded both sides of actual conflicts (wars).  And those who have played into the Black Lives Matter are the first ones to start screaming to the government for help (nanny state tactics aside) in saving their homes because the families living within them have been decimated by a vaccine.

The one thing that Dr. Mikovits made note of in her book, which I paid particular attention to, is for those wishing to research patterns of medical crises as the result of a vaccine look into what vaccination programs were being administered and where, prior to the outbreak of the medical crises in that given area.  This should tell you what to expect in different parts of America or parts of the world (like Africa … where Black Lives Matter?) where administrations past have conducted vaccination programs, resulting in spikes in disease and death.

Waging war against a bank in the middle of a crisis like this (constant fear of home invasions by looters and rioters and other forms of civil unrest) will have people on edge, which is the perfect scenario for the banks, their servicers, the trustees and their lawyers to take advantage of an already-heightened “fear factor”.

How will people of color (especially those who participated in the protests) explain to police that crimes are being committed against them and to investigate those financial crimes, after telling police to go fuck themselves and protest that departments should be defunded?  How do these people expect “help” from the very same law enforcement in investigating whether intentional identity theft and misuse of their personal information is being used to foreclose on their homes after they had the unmitigated gall to exact violent and radical behavior against law enforcement agencies across America?  I find all of this counterproductive.  It’s just that those who were part of the problem now expect law enforcement to be part of the solution.  I really get that.  It’s not happening for them.

My prediction here is that those Blue States who are in financial trouble and whose populations demonstrated the highest levels of radical and violent behavior will suffer the greatest number of foreclosures in this upcoming second attack by the banks because of their own demented behaviors in promoting civil unrest, disorder, disobedience, destruction of property (both public and private), violence resulting in death, all the while making a mockery of America’s failed justice system.  And you expect the courts to be on your side when you have to go into their tribunals and wage war to save your home?   The judges watch TV too.  The judges are (I would suppose) equally perturbed at the BLM campaigns being waged across America.  I believe that judges are going to be less sympathetic to homeowners because of all of this protesting and rioting, which is why I made the foregoing assertion.  We’ll see how much Black Lives Matter when the foreclosure crisis kicks in again.

Instead of becoming united ahead of a major election, Americans have become disjointed, which is what many Democratic politicians believe will work in their favor come election time.  Could we assert that people who died of COVID-19 are still registered to vote?  Could their vote still be cast for Democratic politicians even after they’re six feet under?  You bet.  This is what is driving America closer and closer to socialism.  One of the key fundamentals of socialism is wealth distribution.  Wealth distribution promotes laziness (free handouts).  Laziness brings with it a false sense of security.  Having a false sense of security makes one less resistant to the element of surprise.  Having the power to swoop down and take over neighborhoods by and through military force works even better when no one is expecting it.

Socialism begats communism.  Why do you think Russia is officially referred to as the Union of  Soviet Socialist Republics (USSR)?  And now we have China to worry about (potential Cold War because of the dispersion of the coronavirus) as well as our own government (disjointed politicians who are being lobbied by Big Pharma to destroy us because our very own taxpayers dollars with funneled through the NIH to Wuhan, China).  Not the greatest scenario for trying to defend your home, eh?

WAGING WAR AGAINST THE SERVICERS

As I close out this segment, remember that these entities have been paying the REMIC trusts’ investors advance payments while the corona-crisis was ongoing.  When the moratoriums are lifted, you can bet they’ll be knocking on your door asking to be reimbursed in some way, shape or form.  As a result of the advance payments, you can expect the following to occur:

  1. If you’re current in your mortgage payments, you won’t need a forbearance or a loan mod, which is why the second wave of REFINANCE YOUR HOME campaigns are going to start up in the fall (watch for it … they want to make sure every home loan is securitized … making it easier to steal in case you default);
  2. If you’re only a month or two behind on your mortgage payments because you’ve been out of work for a short period of time but expect to resume employment, you can expect to be offered a forbearance;
  3. If you are several months behind, you are more than likely going to be offered a loan modification, which promotes the use of a trial period of payments (so the servicer can reimburse itself for all of the advance payments it made on your behalf); and
  4. If you have been way behind in your payments, you’re likely to face immediate retribution by the servicers, as taking and selling your home, whether by stealth or through the use of feloniously-recorded documents, will play out as quickly as the servicers can get the “legal ball to roll downhill”.

Given the atmosphere in America, humility in front of the judge may not cut it.  You’re going to have to solidly prove that your rights are being violated or that illicit behavior is being committed against you.  With the coronavirus causing the courts to conduct hearings electronically (what society wants you to believe is the “new normal”), your chances are even less of getting a fair shake because that judge doesn’t have to face you (in person) or your wrath after you’ve been screwed in electronic court.  The panic created throughout the court system will work to the disadvantage of those who are unprepared for it.  This means your pleadings are going to have to be well-thought out, on point and divisive.  There will be no room for error because of intolerance created through civil unrest in America.

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THINGS TO PONDER WHEN IT COMES TO THE “DELAY GAME” IN FORECLOSURES …

(OP-ED) — The author of this post is a consultant to foreclosure defense attorneys and does not offer the following as legal advice but rather as that of the author’s own views based on past experience in paralegal and consulting work.  The post, with the related case example, is for educational purposes only.  

THE “DILEMMA” ONLY GETS BIGGER

I have seen countless cases where a foreclosure defense was mounted against a bank’s attempt to foreclose when there are obvious “glitches” with the bank’s case.  It is in this instance where I offer the following case for your perusal:

US Bank v Manning, 2020 ME 42 (Apr 2, 2020)

The one thing you’ll notice right up front is that at the time of this author’s post, this case was almost 10 years old by the time it got to Maine’s highest court.  I believe I can use any case from any state to exemplify what constitutes a “do-over” after 10 years of throwing money away on attorney’s fees.  I would venture a guess that the property was worth almost what the homeowner (Manning) shelled out in attorney’s fees.  He would not be the first party (as a defendant in a foreclosure case) to spend exorbitant sums trying to stay in his home, all because he thinks he’s “right”.

I would have posted this earlier but due to the corona-crisis and the resulting issues that followed our first recognition of it as a pandemic, I’m now just getting around to this.  My point here is that foreclosure defense means putting whatever remaining resources you have at risk.

Let me explain in ten (10) easy points …

  1. Fighting any case where a REMIC trust is involved means that it’s highly likely bogus documents were created by the servicer’s employees at the direction of either the servicer or the foreclosure mill law firm prosecuting the foreclosure.  That in itself is a minimum of an 18-month delay if the court indulges declaratory relief.
  2. Fighting a foreclosure case when you’re unemployed with limited resources is futile, especially if you’re faced with draining a retirement account, like a 401(k), which by the way, the bank won’t ever get access to via judgment; however, you’d be surprised at how many cases I have gone through where the homeowners did just that in order to pay attorney’s fees.
  3. Fighting a foreclosure case when you’re simply holding the property as an investor is also risky given the courts’ propensity (as in this case) to give the bank a “d0-over”, even if the investor was “right” all along.  Those attorney’s fees are risked capital that could be put somewhere else if the market value and economic condition of the property won’t support it.
  4. As a follow-up to the last paragraph, many homeowners don’t actually make an honest effort to get their property evaluated, whether through an appraisal or a comparable market analysis (CMA) by a real estate agent, to see what the “gamble” is worth compared to risk. Their fight is driven by emotion and not common sense.  If the property is economically challenged, meaning it’s going to need thousands of dollars in repairs and upgrades to make it marketable, it’s not worth spending the money while fighting a foreclosure just because you don’t like the idea of moving to new digs.
  5. On the other side of this equation, I could imply that I’ve spent the last 12 years of my life helping homeowners fight to stay in their homes, only to see the bank win after the homeowners have spent thousands, many of whom got stuck paying the other side’s attorney’s fees because they lost … plus, they had to pay their own foreclosure defense attorney’s fees.  Talk about a great case for neurosis.  I feel guilty sometimes because I’ve given the bank’s attorneys an income, because the banks will pay to get a “win” in their favor.  That is counterproductive in my book, when the homeowner could have cut and run and moved into something more affordable and put it into a trust before things got “dicey”.
  6. Fighting standing issues is the most common thing and judges are keenly aware of that modus operandi. Every attorney will tell you that you should claim the other side lacks standing because it’s a great catch-all if all else fails; however, claiming anything comes with a price.
  7. Because many foreclosure defense tactics are emotionally driven, this has created a “cha-ching, cha-ching” scenario for attorneys who see a real monthly annuity staring them in the face every time a disgruntled homeowner thinks they’re “right”.  It creates impetus that has fueled the business model that many law firms and sole practitioner’s rely on to “stay in their game” even if you lose in the end.
  8. In Manning’s case, this 10-year stretch compares to other cases I’ve looked at, where homeowners have sold businesses to pay lawyer’s fees, knowing that the chain of title documents were trash to begin with, yet a lot of these types of attacks fall on deaf ears with the courts. Without proper case planning as to how the court will react, it’s throwing good money after bad.  What homeowners end up doing is “kitchen sink” pleadings … and these types of pleadings are what racks up attorney’s fees … on both sides of the equation.  This is the primary reason why foreclosure mill law firms don’t come after me (if they happen to find out I’m involved in a case) because they’re getting attorney’s fees too … and then some.  How does it feel knowing that this kind of risk exists, even though you’re trying to do the right thing?
  9. I was given a specific sum certain of over $100,000 spent in fighting a foreclosure for 10 years … and the homeowners lost anyway. What I could have bought with that $100,000 over time (a duplex, where I live in one side and rent out the other side to make my mortgage payments; an apartment building, maybe a 4-plex, where I live in one of the apartments and rent out the other three) instead of giving an attorney an opportunity to create a thriving law practice at my expense.
  10. In this case, the economics of “the game” don’t make sense.  With all of the moves and countermoves in this case, which parallel many other complex cases I’ve looked at, giving a bank a “do-over” (dismissing a case without prejudice), means the bank gets to hit your “reset button” and you get to start all over again defending another foreclosure.  My point on this last comment is, “What’s it worth to your health?”

Given the corona-crisis, with over 15-million claims for unemployment benefits being applied for (many of them mortgagors), you can bet when the moratorium on foreclosures has expired (whenever that may be), there may be some mortgage loan servicers that are going to “take it on the chin” in advance payments so much so, they’ll look for the first opportunity to come after your house.  You can bet if they haven’t filed documents in the land records to “support their claim”, it’s highly likely they will either during or shortly after this crisis ends.

My bottom line (while trying not to be verbose here) … foreclosure defense costs money.  Delay tactics cost money.  Playing the game costs money. It is a “game” to the banks because they play by the numbers while you’re playing with your hard-earned money and equity.  They have the clear advantage because they’re the mortgagees.  They have a contract that you signed.  The deck is already stacked ahead of your decision-making processes.  Understand that whatever claims you bring should be supported by a Plan B.  This is part of foreclosure defense too.  What happens if what you’re trying to do doesn’t work?  This is why I wrote Clouded Titles.

THE CORONA-CRISIS HAS MULTIPLE “SIDE EFFECTS” … 

The corona-crisis is going to produce more than just statistical death tolls.  We have been victimized by both the World Health Organization (who is part of the United Nations), who failed to give us the information before the virus spread to America and the Chinese Communist Party (who created the synthesized product in the Wuhan Level 4 lab in the first place … then covered it up with a lame “wet seafood market” story), which is going to create more than a viral pandemic in terms of loss of life. We’re talking an economic twist of the tail that is going to set off another serious wave of foreclosure filings across the country due to the servicers’ struggle to make advance payments to REMIC investors.

Loan modifications are going to be rare after this is over.  Forbearances … well, if you’re lucky.  You may be emotional now … but just remember what kind of financial position you were in before the corona-crisis hit.  This doesn’t stop foreclosures already in progress.  On top of that, you’ve had a financial “hit” just trying to stay alive during the “lockdown” period and the neuroses this has caused … you also have to look at the emotion and health issues (fueled by stress) which weaken your body’s immune system because of what’s coming.  You will be looking to the government for answers … and the answers won’t be there.  The courts will be backlogged.  Your judicial foreclosures will cost more as the courts clear the pipeline of cases. Non-judicial foreclosures will proceed at lightning speed because the servicers have had plenty of time to crank out paperwork (default notices, notices of trustee’s sales, suspect assignments, etc.) during the crisis while the moratoriums existed.  They know this crisis has hit everyone in the pocketbooks, including the mortgage loan servicers themselves.

Now’s the time to come up with a Plan B.

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