Tag Archives: foreclosure defense attorney

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

IF YOU ARE FACING FORECLOSURE, YOU SHOULD READ THIS!

NOTE: This post is only for the 95% of the homeowners who plan on vacating their homes as the result of pending foreclosure actions.  Don’t bother reading this post if you’re not one of those homeowners. 

So, you got a foreclosure notice in the mail?

You may be exploring this blog site for the first time.  Why?  Because you are behind in your mortgage payments and you’ve just received a Notice of Default and Sale (or a dunning letter from a law firm threatening foreclosure, claiming default and/or acceleration).

That sinking feeling …

You are not alone in your thinking.  In fact, millions of Americans have received this type of correspondence in the mail or tacked up on their door.  95% of those receiving such notices (of which you may qualify) know that their days of residence in their home is now limited because they are fully aware of their mortgage deficiencies.  Many have lost their jobs, have suffered a serious medical emergency or even have become underemployed.  Whatever the case, having no money means giving up and running away from your problem.

The bank is counting on it! 

Let’s face it … it’s a numbers game.  The mortgage servicing companies handling your loan payments and paperwork know this.  They know that 95% will capitulate and move out willingly.  This violates the terms of the security instrument.  Thou shalt not abandon thy residence, for insodoing ye shall do so at thy peril.  The fact that the mortgage payments can no longer be paid means the end of the line for many Americans. They have lost hope in surviving the legal system and start packing.  They can’t afford to hire an attorney, let alone make the payments and leaving is the ONLY option.  Many see serious legal trouble on the horizon and plan for what I call a strategic default.  I describe this in the book Clouded Titles.   If this is you, I want to hear from you!

Your lack of faith (or finances) in saving your home creates future legal problems!

What happens to your house when you leave?  There are a number of things that could go wrong without you even being there.

  1. When you move out, you still owe the payments, along with any deficiencies and service charges tacked on by the servicer.
  2. The yard becomes neglected.  That is the first sign of trouble to vagrants, druggies and homeless people.  They would love to simply move in and squat on your premises.
  3. You are still personally liable if anyone gets injured on your property.  The banks do not take title to the property until they’ve about got the home sold.  Many banks transfer title because a foreclosure has occurred and this leaves the new owner with the issues rather than the banks.
  4. The area you live in becomes blighted, creating tax deficiencies for the county, who depends on your property taxes to exist.
  5. The home itself, which many Americans have invested time and money fixing up and “making it their own”, starts to deteriorate and becomes economically stressed, losing value rather than gaining value.

The banks are counting on you simply walking away, because the party coming to claim your home may not be legally entitled to it! 

As mad as that may make you (some of you may have done some research on the Internet and have come to realize this), most of the foreclosures that occur in the United States are illegal because the paperwork is missing.  Sure you can stay in the house until the Sheriff kicks you to the curb, but the title is still screwed up.  Rather than succumb to this embarrassment, you decide to pack up your things and get while the getting is still good.

In the alternative, if you elect to do a short sale, the bank (actually, it’s the servicer) directing the activity may not be entitled to even authorize a short sale of your property!  Still, there is nothing you can do about it.

If you are one of these 95% that intend on moving out of your property, please contact me to discuss options at cloudedtitles@gmail.com.

 

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FLORIDA SUPREME COURT SAYS “STICK BARTRAM WHERE THE SUNSHINE NEVER SHINES”!

OP-ED!

(Tallahassee, Florida) — Florida homeowners have been politely told to “stick it” by their state’s Supreme Court when it comes to statutes of limitations issues involving mortgage loans.  Frankly, given the joke that was the Beauvais decision in the Third DCA, I can’t much say that the arguments in Bartram were posited any better because any time you bring up a jurisdictional argument, the courts are going to jump all over it in favor of the banks.  When you have a Republican administration running things, it should be common knowledge to everyone that it’s “status quo” in favor of the banks.  So then, why do business with them?  The way things are all screwed up in the land records all over Florida, how do you even know WHO owns your loan with the right to enforce it?   By claiming a party is barred due to statute of limitations (according to Bob Janes, J.D.’s past teachings) issues, you are signaling to the Court hearing your case that the other party has a right to dispute those allegations.  So why plead them?  Because someone thought they should have a free house, they let the banks have another “bite at the apple”.  This is bad case law for Florida homeowners who think they should rely on this strategy ad infinitum, ad nauseum.  So what if I’m not an attorney, I can read the pleadings below, just like you can.  You read them.  Then you be the judge.

See the Florida Supreme Court ruling here: bartram-v-us-bank-na-et-al-fl-sup-ct-no-sc-14-1265-nov-3-2016

This case does NOTHING for standing however!  By showing the other side doesn’t have standing to be in the courtroom, you don’t need to rely on statute of limitations issues in the first place!   That works in every state of the union the last time I checked!

All one has to do is look at the case in chief on Page 3 (of the 35-page ruling) to see that Bertram didn’t dispute that he stopped making his mortgage payments and why, or if he even stopped making them.  Also notice that the Court “rephrased” the question brought before it … just because it was a “matter of good public policy”.   The bottom line is … YOU DON’T GET A FREE HOUSE, no matter how badly you think the bank screwed you over, or for whatever reasoning you may believe it was okay to stop making mortgage payments.  Given this “policy decision”, wouldn’t it be a novel idea if every homeowner in Florida just stopped paying their mortgage just to see what would happen and then challenge everything BUT statute of limitations?  I believe over half of them would win … and a move like that would effectively SHUT DOWN the entire court system in Florida!  With “policy” like this, the banks can just keep coming in over and over and getting more than just one bite at the apple.

Let this also signal to those of you contemplating a purchase of real estate in Florida, especially you foreign investors who have been told that the Sunshine State is “ripe for the picking”:  You’ll get screwed by Florida Courts as much as people who live here full time are!  If you don’t have the money to fight a protracted court battle, the first sign of financial trouble you have while living here or renting your property here, don’t be surprised if some bank doesn’t just pop it’s head out of nowhere and announce it’s foreclosing on your property!  That’s the way things are here in Florida I guess, because most homeowners I’ve talked to about their real estate dilemmas in Florida that have been to the Circuit Courts of this State felt abused by the courts.  After all, Florida judges have to pay for their homes too, with those retirement pensions vested in the very RMBS securities that caused the financial collapse in 2008 … so why shouldn’t you lose your home too?   All semblance of logic in the judge’s brain generally goes out the window when the banks’ attorneys say, “They just want a free house, your honor!”  This is why you have to be prepared to appeal.

Read the first paragraph on Page 4 of this ruling … where it says “dismissal of the foreclosure action against the mortgagor (that would be YOU, the Borrower) has the effect of returning the parties to their pre-foreclosure complaint status.  That means that the lender, without further adieu, can come in and keep repeatedly foreclosing, unless you can get a dismissal based on fraud on the Court, dismissed with prejudice, with sanctions in the form of the house (see U.S. Bank v Harpster for example).  In this case, the David J. Stern law firm secretary, Cheryl Samons, a law firm robosigner, affixed her signature to a document as Assistant Secretary of MERS and caused it to be backdated to before the notary’s commission was valid, thus, negating the assignment based on fraud.  Then-Pasco County Judge Lynn Tepper was not amused by the revelation of facts in that instance.

When securitization is involved, STANDING … and NOT statute of limitations … wins cases!  None of the indorsements on the banks’ notes are dated so there’s no effective proof of WHEN the transfer actually occurred.  Even if you do get your attorney’s fees back from the bank, this case just gives the banks (whether you argue statute of limitations issues or not) the opportunity to come right back in and attempt the same foreclosure all over again.

Let’s take another look at your security instrument, shall we?

The entire security instrument (in Florida, that would be your mortgage paperwork) should be recorded in the public record in the county where the subject Property is situated in.  The security instrument has all the terms and conditions contained in it.  It’s a contract between you and the bank that leaves you with little to NO ROOM at all if you can’t make your payments, from losing your property.

Most homeowners didn’t even read the mortgage before they signed it.  They just wanted the fricking keys to the house and then worry about making the payments later.  There is no deception here folks.  No one held a gun to your head.  Now we have “rephrased” case law that says the lenders can come in and outspend and outsource you until you cry “uncle”, so what’s the point of owning real estate in Florida?  If you can’t pay cash and own the property outright, you risk being foreclosed on AT ANY POINT IN THE OWNERSHIP GAME!

We have had cases where all-cash-paying homeowners in Florida ended up facing attempted foreclosures by the banks who claimed to hold a mortgage on their properties!  That shouldn’t surprise you, should it?

It’s a proverbial “cloud” over the Sunshine State!  But wait … this happens in every State in the Union because the banks aren’t really punished for their screw-ups.  The U. S. Government has legislated a deal to protect the banks (Title 12, U.S.C.A.) and set up a whole bunch of regulatory agencies to interfere with any homeowner trying to get a “leg up” to save their home.  Despite Bertram’s filing a quiet title action, he argued the note. That’s fatal mistake #1!  Title is title and note is note.  At best, the note would have been unsecured if Bartram would have been successful in expunging the mortgage.  But that’s not what happened here when the smoke cleared.

We’re not even talking about standing in this case, right?  It’s all about statute of limitations on debt collection, which Florida’s highest court has succinctly “rephrased” to fit public policy.  So far, there have been a lot of “take-aways” from this case.  Here are some links to thoughts from others (NOTE: Links may not work indefinitely.):

FROM THE BANKING SIDE:

http://www.bakerdonelson.com/Bartram-Affirmed-Florida-Supreme-Court-Provides-Guidance-For-Filing-a-Successive-Foreclosure-Action-Post-Dismissal-11-03-2016/

http://www.dailybusinessreview.com/home/id=1202771518004/Fla-Supreme-Court-Rules-for-Lenders-in-Landmark-Foreclosure-Decision?mcode=1394650389919&curindex=1&slreturn=20161005084547

http://www.lexology.com/library/detail.aspx?g=8f31a6c4-1a12-48b6-9acb-832d62806948&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2016-11-07&utm_term=

FROM THE HOMEOWNER SIDE:

http://bobhurt.blogspot.com

http://southfloridalawblog.com/breaking-news-florida-supreme-court-rules-on-statute-of-limitations-in-foreclosures/

While the legal implications are narrow, statute of limitations on debt collection in Florida might as well be chucked out the window as a winnable court argument if your home is in question because we all know who runs this government … the banks, right?  Seriously?

Most attorneys I’ve talked to say that the lack of standing is the key to getting your win in Florida (and elsewhere) because the courts have no jurisdiction to rule on anything when the bank doesn’t have a right to  bring a foreclosure action.

The problem is however, that:

  1. The banks have more money than you do and can outspend and outsource you (and your attorney) if the home is worth enough to them to steal (foreclose on using fraudulent documents);
  2. The banks still rely on messed up paperwork, so between the foreclosing law firm and the servicer, stuff is still getting “created out of thin air” to give the bank standing to foreclose; and
  3. The banks coming into court are generally, in reality, represented by their servicers, not knowing that they (the banks) are actually the named Plaintiff in the action, which is servicer fraud.  This has been ongoing for over a decade!

So the answer here is to:

  1. Stick to your guns regarding standing and show up in court and allege the lack thereof;
  2. If you’re going to retain counsel, get an attorney that really knows about foreclosure defense and is up on current case law; and
  3. Have an “end game” (Plan B) in case you run out of money.  This doesn’t apply to the 95% of you that run away at the first sign of trouble.

So be it.  I doubt this will be appealed to the U.S. Supreme Court, so it looks as if Florida is stuck with this decision.

 

 

 

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TITLE IS TITLE, NOTE IS NOTE … BANKS CAN’T EVEN GET IT RIGHT!

Op-Ed!

I do not know what the law schools are teaching regarding real property law, but here is an atypical case where one alleged lender used a quiet title action to prove a mortgage loan existed on a piece of property and a Maine Superior Court Judge chimed in … loud and clear … “what the hell were you people thinking?”

In the case of U.S. Bank, N.A., as Trustee for LSF8 Master Participation Trust v. Decision One Mortgage Company, LLC, (Superior Court, CV-15-65)(July 26, 2016), the Plaintiff (U.S. Bank) claimed it owned a note and mortgage, claiming the Defendant (Decision One), the originating lender on the note, was defunct and could not collect on the note.

The problem I have is, U.S. Bank didn’t get it right in Ibanez and they sure didn’t get it right here.  I mean, seriously, folks, using a quiet title action to prove up a note?  Seriously?  Someone either fell asleep in property law class or someone just is plain stupid in their legal analysis of this subject matter.

I have been trying to drum it into people’s heads that a quiet title action (when coupled with a request for declaratory relief) is used to determine who has superior title to any given piece of property … NOT to determine who owns the note with the right to enforce the terms of a mortgage.

Simply put … the court agreed with my teachings … not U. S. Bank’s attorneys!  It is sad that my consulting is now limited to attorneys litigating quiet title and will not be available (unless you read The Quiet Title War Manual) to the general public.

A quiet title action, as Al West and I so succinctly put it in the foregoing 512-page educational manual, is an action whereby you put forth a claim that you have superior title and request that the court determine the rights and interests of the parties as to “title”.  A note is an obligation created at the closing table and is not recorded in the public records, whereas “title” is recorded, by virtue of a deed.  The deed is your proof of ownership.

MERS, Securitization and Quiet Title

I don’t see MERS anywhere on anyone’s “deeds”, yet MERS thinks they have “legal title” to everything contained within a MERS-originated mortgage.  This is one of the reasons I keep telling people to “say NO! to MERS mortgages”.  Once you let this parasite in, you’ve just exacted hell upon yourself in unwanted legal fees, because the intent of the founders of MERS (Fannie Mae, Freddie Mac and the banks) was to securitize your mortgage note (turn it into a security on Wall Street) and pander it to every ignorant investor who thinks that investing in securities is a “smart thing” to do.  I see nothing wrong with getting up and walking out of a closing where you are presented with MERS-related paperwork.  After all, by the time you get to the closing table, your note has probably already been sold at least nine times, WITHOUT YOUR SIGNATURE ON IT!  This is the big lie folks!

Say NO! to MERS!

If you think that your signature on a mortgage note is the start of the sale of the terms and conditions put forth under Paragraph 19 or 20 (depending on which long-form mortgage document you are signing), think again.  It doesn’t say WHEN the Lender may sell your note (or a partial interest thereof), as long as the Lender has your Form 1003 Loan Application.  When your loan application is submitted, it gets pandered all over Wall Street, along with your personal identifying information, in addition to being inputted into the MERS® System electronic database.  You make it all literally “legal” when you sign the mortgage and note.  But what if you didn’t?

What if you “woke up” and realized the MERS-originated Mortgage was a scam to steal your personal identifying information (your payment history, your credit scores and your personal information, e.g. social security number, date of birth … all the things these would-be thieves use to steal your identity) and you said NO! and got up and walked out of a closing?  What could the Lender do?

The REMIC trust rules allow for “qualified loans” to be substituted up to 90 days AFTER the trust closes, so that would be construed to mean that some other dumb sucker’s loan (who didn’t wake up like you did) would be put into the place occupied by your loan.  The REMIC itself contains a list of loan numbers (yet to be assigned, until you sign the paperwork) and these loan numbers mean nothing without “legal backing” behind them.

If MERS is shown on your paperwork (solely as a nominee), this failure of a beta business model will attempt to outsource and outspend you and cause you serious health problems (because of what it does to your chain of title) … and by the time all this happens, your title is too late to fix because no one knows who owns what … except that the title to the property is in YOUR NAME!   That is the for sure thing.

In the foregoing case, neither U.S. Bank nor Decision One was “on title”.  The homeowner’s name was on title. I didn’t see him filing the quiet title action, probably because of ignorance.  This is the fallacy being played upon the American public by the banks and it appears the banks themselves are drinking their own kool-aid.

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Filed under Op-Ed Piece, Quiet Title Education

BOWEL TOLERANCE … AND OTHER CAUSTIC BILE AND RUMINATIONS!

BREAKING NEWS!

(Kissimmee, Florida) — Incumbent Osceola County Circuit Clerk Armando Ramirez staved off two challengers in the Democratic primary to continue his campaign in November, where it appears he’ll be running against an old Circuit Clerk, GOP contender Melvin Thompson, who Ramirez defeated in a landslide election the last go-round.  As you may remember, Clerk Ramirez retained DK Consultants LLC to conduct a forensic examination of the real property and court records in Osceola County, Florida, which was shunned by Florida’s 9th Circuit States Attorney Jeff Ashton (who also just lost in the Democratic primary to challenger Aramis Ayala, who Ramirez has formally endorsed), the Osceola County Sheriff’s Department, a handful of apparently biased media and Tampa Foreclosure Defense Attorney Matthew Weidner, who appeared on WFTV in Orlando during a news segment, not having read the entire report, indicated the Forensic Examination was “not worth the paper it’s printed on.”  Weidner conveniently ignored the attorney opinion letter in the last four pages of the 758-page, two-volume report, wherein foreclosure defense attorney Jennifer Englert (The Orlando Law Group) posited several more issues above and beyond what the report factored into the results.  Hon. Ramirez of course will keep trying to get action on the Forensic Examination, despite being chided by his opponents and the media.  With Ashton out of the running, if Ayala gets the nod in November, a new door could be opened for a revisit and investigation of the Forensic Examination.  Few grand juries across America have been empaneled to do the right thing, which is stop servicer fraud.  Unfortunately, Dem. Alan Grayson lost in his Senate bid and is now out of the picture.

This forensic examination has caused a shit-storm in political sectors up and down the Eastern Seaboard.  You may wish to find out why by downloading a copy of the Report here: OSCEOLA COUNTY FORENSIC EXAMINATION

BREAKING NEWS! 

There is roughly 45 days left to reserve your seat at the last DK Consultants LLC-sponsored Quiet Title Workshop (Honolulu, Hawaii).  You can download the flyer to this event here: QUIET TITLE WORKSHOP FLYER_HONOLULU and the Registration Form (which must be filled out and faxed to the number on the form) here: QT WORKSHOP_HONOLULU_REGISTRATION FORM.

This will be the last class that Dave Krieger and Al West are going to teach in 2016 (for the general public).  Any other workshops that the two will be participating in will be sponsored by other investor and corporate groups and CLEs (we are ramping up and taking the fight to the people who have money to spend in legal fees); thus, this will be the only opportunity you will have to get the tools you need to fight the banks in quiet title actions!  This workshop features two hours of live broadcast on The Foreclosure Hour, with Hawaii attorney Gary Victor Dubin, which will take place on his Sunday, October 16, 2016 broadcast and will consist mostly of information sharing, recap of the two-day event, accompanied by questions from the registrants and attorneys attending the event.  Again, this is your only opportunity to attend our sponsored quiet title workshop.  We are not planning to hold any more self-sponsored events.  

OP-ED!

As to the term “bowel tolerance” … my question is …

How much more crap is America going to take from the banks before it says “enough”!!????

I pondered the answer to this question, because the answers are many and everybody has one.

Do we need to resurrect public lynchings?  I heard that coming out of some quarters.  Others are predicting an internal conflict, marginally bordering a civil war or all-out revolution.  This is obviously what the DC oligarchs don’t want.  Once the shadow government kicks in, all hell will break lose in this country.   Then, America will find out exactly what the United States Government has been doing with all of the tax dollars it has fleeced off of the working poor.

The U.S. government is afraid of mainstream America, so it uses the media to lull it to sleep so it won’t see the “gut punch” coming.  The government knows Americans are well armed and, if taken to task, could open up a can of “whoop-ass” on DC.  All of those who obediently serve, blindly too I might add, are those rank-and-file registered voters who all participate in the Age of Entitlement.  What they simply don’t get is that someone has to pay for those entitlements and there’s only so much America will take before things get dicey.

It is alarming to understand how many prisons and detention camps this country has and what they were purposed for.  This is not a conspiracy theory.  A recent article actually shows an increase in the number of prosecutions resulting in prison terms in America’s smaller counties.  I am not making this stuff up.  Read it here: This small Indiana county sends more people to prison than San Francisco and Durham, N.C., combined.   I beckon you to research Operation Garden Plot and see what you come up with in your search engine! Whether this is an intentional counterintelligence piece designed to bring “people out of the woodwork” so they can be readily identified and “dealt with” (like Waco, Gordon Kahl, Randy Weaver … and the list goes on and on), or the plain truth about government abuse and mindset in DC about how “they’re better than us”.  Are we really goyim to them?

So, even if you’re NOT a troublemaker per se, what do you think will happen if the real “agenda” of the U.S. government is put into play? This could also indicate why moving to small town America, thinking you’re going to be “safe”, may end up being just the opposite of what you expected.  Small towns in America are like churches.  Everybody knows everybody.  If you want to find out about someone, just go to their church and nonchalantly start asking questions.  You wouldn’t believe how un-sacred information gathering is because America has evolved into one big reality TV show and everyone likes gossip.  Frankly, I don’t give a shit what the Kardashians are doing at any given moment because they’re not paying my mortgage … nor are they paying yours!

I know that foreclosures are on the rise because I monitor short sale activity across the country.  The banks use short sales as a delay tactic so servicers can scheme more fees out of homeowners and calculate HOW they’re going to foreclose on their properties. The problem is, most of the properties being foreclosed on have clouded titles!  Despite what national economists are regurgitating, the foreclosures are cyclical and follow a major rash of short sales.  Only 10% of short sales (estimated amount) actually end up taking care of the entire debt.  This is the continuation of the plunging of America into financial depression, through financial suppression.

Investors and first-time homebuyers looking “for a great deal” would do well to avoid REO’s.  Frankly, the banks need to pay for what they’ve done to America and I don’t trust any of them, do you?   By buying these title issue-infested properties, you are not only asking for unintended future consequences, you are putting money directly into the pockets of the servicers and their foreclosure mill law firms, who most of the time are NOT entitled to foreclose on the subject property in the first place!

I can tell you four things I’m doing right now to counterbalance my contribution to the overall problem:

  1. I have pulled out all of my investments in major banks, stocks that invest in RMBS or CMBS items and cashed in or withdrew and redeposited bonds, funds and CD’s that have come due into credit unions.  I do not have any checking accounts with any major banks!  I’d rather put my money into a small, community bank or credit union any day of the week, at least for the short term.
  2. Plan to go off-grid.  Florida voters have just passed the solar initiative (for those of you who want to know) and it may serve you well to look at the new Tesla Model 3 (electric car priced at $35,000), which can be solar charged on a trickle, right from your very own home-owned and charged battery packs.  Beats depending on foreign oil and rising gas prices, eh comrade?
  3. Reducing debt.  That would consist of re-evaluating all credit cards with high interest rates or that are charging interest at all (including cards that offer no interest incentives for a period certain that are about to expire), looking at their credit limits and either paying them off in full and closing them, or in the alternative, replacing them with no-interest incentive credit cards for the next 6-12 months.  Do away with all major bank credit cards.  If you think it’s great racking up air miles, think of the interest you’re paying to hold those airline credit cards and see exactly just how much money you save on airline tickets versus the interest you pay.  Bet you’ll be genuinely surprised after you do the math!   Those who are so deep in debt will probably add to the rising bankruptcy filings across America anyway, so in the alternative, it’s a strategy, right?
  4. Reducing inventory. Liquidating the stuff you absolutely are NOT going to need in the future.  Hoarders are going to hate me for this, but having too much stuff is of major “psychological concern”, because in time of disaster, you can’t take it with you anyway, so you might as well liquidate it for a price, even if it’s at a loss, and use the inventory reduction to pay off debt.

You may also wish to start exploring and traveling around America and other parts of the world with your liquidated gains, post-debt. You may find other locales are more suitable and to your liking and even more economically “feasible” to live within your means in. This also means you may wish to acquire acreage, plant a garden, have a greenhouse (for legitimate purposes), learn to can food.

Sorry, but every time a hurricane or major disaster strikes, you bet I have this thought process running through my head.  It’s called,
“Be Prepared!”  It appears America may be headed for a more serious economic downturn which requires a bit more strategic planning.

Scout’s honor!

(Feedback and discussion on this blog site is always encouraged, just don’t share your personal foreclosure cases on here!)

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