Tag Archives: foreclosure

IN NEVADA, TIMING IS EVERYTHING … ESPECIALLY IN QUIET TITLE ACTIONS!

(BREAKING NEWS – OP-ED) — The author of this post offers this information for your educational value and not as legal advice; however, the court in this instance, the Supreme Court of Nevada, clearly screwed U.S. Bank, N.A. in favor of SFR Investments Pool 1 … reversing the summary judgment against SFR and ruling in SFR’s favor as to quiet title!   See the case below:

SFR Investments Pool 1 LLC v US Bank NA, 135 Nev 45 (Sep 26, 2019)

Key Takeaways:

  1. The early bird gets the worm … yet sometimes gets to fight over who gets to eat it.
  2. The appellate process worked all the way to the Supreme Court of Nevada, who saw reason to reverse it.
  3. The decision was per curiam.
  4. Retroactive annulments of bankruptcy stays are key to jumping in with both feet; hence, timing is everything.
  5. SFR used Nevada statutes to prove its case (and its right to sell the property at an HOA sale) was compliant with the statute.

Speaking of timing … 

November 2nd and 3rd is fast approaching!

In this upcoming workshop, called Beyond Foreclosure, we’re going to show you how to capitalize on property BEFORE it ends up in the HUD Homestore!

Timing IS everything … and we’ll show you not only the WHY … but the HOW TO acquire such property as well, many times at a deep discount!

We’ll show you legal strategies, that, when properly implemented, could save you tens of thousands of dollars in legal fees!  Wouldn’t that be a good thing?

Click on this link for more information: BEYOND FORECLOSURE PR KIT

EXAMPLE:  Last week, the team involved in the teaching in this class picked up 3 properties with a net equity of $280,000!

EXAMPLE:  We just rented a property in Orlando for $1400 a month on a temporary basis, knowing that we’re going to use the proceeds to fix up the property!

EXAMPLE:  We discovered over 1,000 leads in Miami-Dade County alone for the types of properties we’re going to show you how to find in this workshop!

For more examples, register to attend and see how we create short term and long term cash flow and equity assets we can monetize at any time!

UPDATE ON THE FOREGOING CASE:  One of our investors has kindly reminded me that since Wells Fargo and U.S. Bank were both “late” in keeping track of this HOA foreclosure, it is highly likely that there are other properties out there worth searching for that would fall under the same outcome!

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THE REAL REASON THE REMIC WANTS YOUR HOUSE …

(OP – ED) — The author of this post will be your host for the upcoming Orlando workshop event, “Beyond Foreclosure” and brings you the latest update on the foreclosure world so you can get a better understanding as to WHY you need the new information we’re going to be sharing at the upcoming workshop:

BEYOND FORECLOSURE ORLANDO

THE BIGGER LIE …

I wonder if you can actually put a figure to what you’ve been paying attorney(s) to defend your foreclosure, thinking the REMIC is just going to roll over and play dead and you’re going to get a free house.  I’ve got some startling news for you … news that has never been posted online by me before.

REMICs will not agree to a short sale!

It’s one thing if your property has seriously negative equity.  It’s quite another (these days) when it doesn’t matter what the foreclosure sale nets.  Why?

The REMICs want the foreclosure (and this comes straight from the REMIC’s attorneys mouths) is … wait for it …

If they accept a short sale, the Trustee (Administrator) of the REMIC has to pay the difference between what the property sells for and its face value (the value of the note).  If the Trustee forecloses, and the property sells for whatever, the investors who actually funded the REMIC “take it in the shorts”!   Thus … by foreclosing, the REMIC will not have to pay out any sums (or any of its profits) for losses incurred upon foreclosure.

Now you know why the REMICs want your home!  Now you know why it doesn’t matter what the securitization audit says or what claim you might have to the relationship between the REMIC and the Investors who funded it (and actually funded your loan).

We’re back to the dirty land record paper however … and this is why you need this workshop!   Not only do you need to learn HOW TO overcome the paper trail … and if you should even bother … you also need to know how to recover from foreclosure, because 9 times out of 10, the REMIC is going to win.  The REMIC will not let you do a short sale.  It has no incentive!

So what excuse are you going to give me for spending all that money getting that securitization audit done?  All of those little fancy boxes on the page are nothing more than …

Boilerplate Bullshit!

We can discover the same thing analyzing the chain of title.  The bottom line is … if the document contains false and misrepresentative information, there’s a right way and a wrong way to go about attacking it.  The bottom line is maximizing time and cash flow and homeowners who are being foreclosed on seem to think they have both when in fact (1) their days are numbered; and (2) they’ve been using the wrong mindset to overcome foreclosure.

This is why I spent the time putting together the materials for the upcoming workshop.  All of this is brand new … in a 3-ring bound notebook!

Yes, I did take a picture of the famous Dunluce Castle, which was used as the setting of House Greyjoy in the HBO Series Game of Thrones!  Yes, I took that picture when I recently visited Northern Ireland.  It made perfect sense to use this as the workbook cover because it reveres the old saying, “A man’s home is his castle!”

My visit to Ireland was two-fold.  One … I had not had a true vacation in years … and two … it gave me a chance to clear my head so I could be open to “receive” more inspiration.

STOP WASTING MONEY!

We’re going to teach you steps to help you rise above this problem.  I’m talking about cash flow.  Let’s face it.  If you had positive cash flow, you wouldn’t be in foreclosure now, would you?  So, rather than scold you about what you failed to do because of the lack of financial education, I decided that we should collectively pair you with an investor who has been making oodles of cash flow for over 40 years and will never have to work a day in his life again if he doesn’t want to.  In fact, he has set about making your life more exciting, by teaching you the secrets of investing and creating cash flow with little to none of your own money!

Don’t say I didn’t warn you … you will have to change your mindset if you want to overcome foreclosure.

Based on what I just told you about WHY the REMIC wants your house, you should be wholly incentivized to sign up and attend NOW!

Click on this link to reserve your seat:  I WANT TO WIN! 

Or … click on this link:  I WANT TO CREATE CASH FLOW!

Or … click on this link: I WANT TO SCREW THE BANKS!

Or … click on this link: I WANT SOMEONE ELSE TO PAY MY MORTGAGE!

Whatever your reasons for coming … it is your opportunity to network with money people and people who make a difference!

Seats are filling up fast!  Call the host hotel NOW and make your sleeping room arrangements!

Free Hot Breakfast and Free Airport Shuttle!

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NEW UPCOMING FORECLOSURE DEFENSE WORKSHOP … OUTSMART THE BANK!

(BREAKING NEWS – OP-ED) — This news is especially important for those who can get past the PITI PARTY! 

My definition of PITI is not the same as “pity”.  And there are more ways than one to come out shining when facing foreclosure.  Of late, due to the affordable housing crisis in America (and we’re not the only country facing it either), there are some ingenious ways to recover, if only we had a way to combat the issue of cash flow. The reason many Americans still face foreclosure troubles is because the market has not fully re-set itself.  The economy has certainly been robust in the U.S.; however, the economy is cyclical and there are ways to fight cash flow issues due to these economic downturns. Let’s face it … our world is financially “broken” in so many ways.

We have to stop making false assumptions about foreclosure …

Foreclosure is the world’s way of telling us something is wrong with our decision making processes.  The problem with foreclosure is … we let it consume us to the point of becoming neurotic, which I liken to a symptom of PTFD (Post Traumatic Foreclosure Disorder).  Instead of letting the foreclosure consume your life, what if “we” (my collective team) could show you a way to not only survive a foreclosure, but come out of it smiling with goal-setting plan that pushes beyond the objectives of the bank that’s attacking you (through its mortgage loan servicer).

Put November 2-3, 2019 on your calendar.  That is a very important date, or it should be, because that is the date of our next upcoming foreclosure defense workshop, this time in Orlando, Florida at the Hampton Inn & Suites’ newly-remodeled ballroom!  I will have details on this site towards the end of this month (August).  In THIS foreclosure defense workshop, we’re not only going to demonstrate new techniques for carrying on a strategically-planned “game of thrones” against the servicers, we’re going to show you a way to make capital gains, possibly without even using any of your own money … and end up with another house … completely out of reach from the banks … and completely yours … depending on HOW you play the game.

In this new “game”, we’re going to show you the HOW-TO’s of acquiring property, how to target property, how to change your mindset and direct your focus on getting property that was destined to become a potential new home for you without being done at someone else’s expense.

This is not a gimmick!  This process has actually been done over and over again … and the person presenting this process at the upcoming workshop has done this over and over again and has quite the portfolio of homes, netting himself a ton of cash flow.  Isn’t that what you need to stop the foreclosure crisis in your own home?  Cash flow?  If you had the opportunity to learn about using real estate to create cash flow from a practical (and not a dream state) aspect, wouldn’t you be interested?

The internet can be a dangerous place … full of all sorts of offers and gimmicks, but the methods that we’ll be teaching you in this workshop are time tested and can be used to overcome foreclosure!  We’re doing these methods right now!  It’s all about mindset.  It’s time to share new information, not just the same ‘ol, same ‘ol.

How about we add a new perspective to your game plan, all taught in a 2-day class by not only myself, but also by an investor, a real estate broker, who used to be an Asset Manager for the U.S. Department of Housing and Urban Development (HUD)?  He’s figured out a way to acquire property cheaply, which could be your PLAN B … not only to create cash flow … but to end up with a completely PAID OFF HOME that you can live in and control, without making the sacrifice of having to move far away in order to survive.  And THIS investor (who I work with in my network) has decided to come and share what he knows and teach you the tricks to finding property in ways other nationally-known investors haven’t even thought of!

We have reserved an entire ballroom (something we haven’t done before)!

The question is … will you be in one of those seats?  Seating is limited.

Transportation from Orlando International Airport is FREE!

A hot breakfast is FREE (if you book a sleeping room at the hotel)!

All you have to do is enroll in the workshop and get there!

We will still keep the couples, investors, attorney-client deals in place from past workshops!

We’ve now acquired research we’ve not shared before!  Research that can help you acquire property using tools already available to you!

This updated foreclosure defense-related program is open to homeowners facing foreclosure, homeowners NOT facing foreclosure, investors who want a NEW, inexpensive way to acquire property, attorneys who want to capitalize on specific types of “delay games” (after all, attorneys play that game already, right?) and make real money helping homeowners instead of screwing them … and real estate agents and brokers who want to grow their business and increase their cash flow!  And we’re NOT going to make you pay tens of thousands of dollars to get this information (like other real estate gurus have).

We’re also going to be sharing directives on what to do when your current attorney screws you and how to fight back (we’ve never shared these options before either) and possibly get some of your ill-spent money back!

It’s time to stop the pity party and time to put on the mindset of right thinking in a different kind of PITI PARTY!

This country is lacking in financial education!

Stay tuned for more information about how to use the Internet to find real estate deals that can potentially net you not only cash flow … but a way to eliminate the banks from your life for good!

Put the above-mentioned dates on your calendar.  If you want to learn to not only defeat foreclosure using handy internet research tools and how to capitalize on potentially acquiring your own home (which you could end up with absolutely out of reach of the banks) … mortgage free, wouldn’t that be a good thing?  We’re going to show you a way to acquire a new place to live while screwing over your current mortgage loan servicer!  Wouldn’t THAT be a good thing.  What if we showed you how to acquire all of the tools to do this completely by yourself, or with a coach that has done what he teaches (practices what he preaches) multiple times over?  Wouldn’t that be an even better thing?

In short order, we’ll get you the details!

We will provide you with a road map to get to Plan B.

We’ll provide you with the tools to do the research and where to place your focus (instead of fretting about when you’re going to get kicked out of your home)!

I’ll be honest.  A lot of us in the financial education and investment world haven’t been looking in all the right places for the deals.  Why not share these kinds of strategies to help people recover from foreclosure?  This workshop is different from any other workshop I’ve ever taught because what I’m learning here is stuff EVERYONE should already know and be using to recover from the stress of foreclosure!

HINT: The Alphabet Soup of Knowledge … and knowledge is power! 

With these goodies, I anticipate we will have a max capacity room full of people looking to recover and get ahead, not just living hand to mouth and paycheck to paycheck.  Stay tuned!

 

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NOTE TO INVESTORS: WHAT THE GREEN EMERALD CASE HAS TAUGHT US

(OP-ED) — The commentary provided within this post is not legal advice.  The author of this post leaves it up to the reader of the material contained herein to determine its educational value and to always conduct due diligence prior to assuming you have rights that may not have been afforded to you, either in the chain of title … or in litigation. 

For some reason, this case was seared into my conscience.  I’ve seen a lot of investor cases, but this one … this one really spells it out for investors and third parties who attempt to acquire properties AFTER a foreclosure case has commenced, instead of BEFORE (as were the facts supported by this case):

Green Emerald Homes LLC v 21st Mtg Corp, 2D17-2192 (Jun 7, 2019)

Yes, I know it’s a Florida appellate case; however, it can be said that the facts contained within the case provide a complete measure of justice for investors throughout the entire State of Florida, the third most populated state in the U.S.

Notice that Florida Bar-suspended attorney Mark Stopa first litigated this case?  He was later replaced by the listed attorneys and their respective firms.  Notice Greenspoon Marder is representing the Defendant Bank (as Appellee)?  Put them on your radar as a definite “foreclosure mill law firm”.

This case also represents that Florida Circuit Court Judges are notorious for quickly granting judgments of foreclosure. Of course, in Stopa’s disciplinary hearing before the Florida Bar, a judge who testified in Stopa’s favor admitted that judges were getting pay raises based on their ability to clear their dockets of foreclosure cases, courtesy of the Florida legislature. So not only is is apparent that Florida judges have a conflict of interest, their pension funds are vested in the very securities they grant foreclosure judgments for. This makes every Florida judge (and virtually all other state judges throughout the country) susceptible for recusal based on a conflict of interest.  Most states allow recusal for cause.  Some states allow recusal of a judge without cause.  You have to do your homework.

My point on this case is found in the citations listed throughout the ruling. There are oodles of case citations from every appellate district in Florida that support the arguments being propounded by the 2nd DCA!  These cases feed directly into the reasoning this appellate court took in noting that Green Emerald (the investor) took title BEFORE the filing of the Lis Pendens notice, not AFTER!

Further, notice the caveats (to investors) within the concurring-dissenting opinion filed by one of the judges.  ALL of the sticking points for safe investing are found there!  This case was full of “nuggets”, which is why I suggested reading it in the first place, especially BEFORE you drop a dime on any investment.  Believe me, if I were in Green Emerald’s shoes, I would have researched the chain of title to check for “hiccups” in the chain that could be attacked.  It’s always the dirty assignments, which is why C&E’s are so useful in attacking their false and misrepresentative statements.  Defeating assignments (whether you recognize it or not), knocks the “standing” legs out from under the Plaintiff bank (through its mortgage servicer), while placing unwanted scrutiny on the bastards that created the document and under whose direction!  You’ll find the foreclosure mills in many instances are directly tied to the creation of the phony documents they intend to rely on at trial (or in deed of trust state by advertisement and sale) for the prosecution of foreclosures.

Taking property “subject to” could mean one of two things … (1) you either want to continue to pay on the note and keep the mortgage “in play” until it’s paid off; or (2) you ignore the note and mortgage and prepare to spend thousands of dollars defending your position in court when the foreclosure suit is commenced.  In either case, it pays to have your name on title BEFORE the SHTF!  The other aspect NOT PURSUED here, noticeably, is that Green Emerald didn’t present any evidence that it had an assignment of the borrower’s litigation rights bestowed upon them (another key ingredient to having standing to litigate a foreclosure complaint.

And that’s all I have to say about that.

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DEFEATING DIVERSITY IN FORECLOSURE ACTIONS

(BREAKING NEWS — OP-ED) — The author of this post is the author of Clouded Titles, The Quiet Title War Manual, The C & E on Steroids!, The FDCPA, Debt Collection & Foreclosures, The Credit Restoration Primer, End Game Strategies, Beyond End Game Strategies and host of The Krieger Files.  The opinions expressed herein are that of the author and should not be construed as legal advice.  For legal advice, seek competent counsel that clearly understands what constitutes diversity jurisdiction.

Even in its most liberal stature, the U.S. 9th Circuit Court of Appeals has again, redefined and re-explained that REMIC trusts can end up costing you lots of money in litigation, fighting a losing battle in federal court by re-constituting an opinion of what constitutes diversity jurisdiction.  See the link below to the 17-page ruling:

Demarest v HSBC Bank USA NA, 9th App Cir No 17-56432 (Apr 8, 2019)

You’ll readily notice in the caption on Page 1 that HSBC and MERS were “incorrectly sued”, which would indicate to me they were sued in the wrong name, as indicated in the caption.

Part of the problem here is that the trustee was also sued (Western Progressive, LLC) and the trustee was also out-of-state as to its “headquarters”, which put all of the Defendants, coupled with the $75,000 required for complete diversity jurisdiction, squarely in federal court.

Again, Hawaii Attorney Gary Victor Dubin, who is again in the crosshairs of the Hawaii Bar (thanks to the banks and their attorneys who don’t like lawyers who beat them in court), likens being in federal court to suicide, which he has succinctly stated that it (suicide) is better than being in federal court.  Yet, a lot of people end up becoming victims within the federal system because of improper and incomplete pleadings.   Couple that with WHO you sue and the numbers of removed cases rise exponentially.

Why sue MERS?

This entity is the “bastard child” of MERSCORP Holdings, Inc., which is now owned by Intercontinental Exchange, Inc. (which also owns the New York Stock Exchange).  This newly-acquired entity has the backing of Wall Street.  The ownership of MERS may have changed, but the stupidity of the courts in relying on every tenet of MERS’s flawed business model incorporated within the “MERS® System”, has caused nothing but utter conflict among the state courts and federal circuit courts.

Like MERS says or intimates in its pleadings (among some of the third-person, schizophrenic quotations from its collective counsel and others), “We didn’t do anything wrong!”  “We want to be all things to all people!”  “We are the God of Securitization!”  (sic)  “We are everyone’s beneficiary that names us in their mortgages and deeds of trust!”  “We can be a nominee (agent) and beneficiary at the same time!”  “We can do anything we want, because we’re MERS!”  “We can remove you to federal court because we know your pleadings lack sufficiency and we can get them dismissed!”  “We can be in multiple states at any given moment and the federal judges will do what we say because we own them!” (that’s what they think, seriously).

Knowing you’re dealing with such a filthy, stinking rich entity that kowtows to Wall Street, why in bloody hell would you name them in anything?  Do you seriously have deep pockets?

You’re dealing with a multi-billion-dollar-a-year company here.   Here are some facts you should face:

  1. You signed the mortgage (or deed of trust).  No one held a gun to your head.  You could have walked away from the closing, but you didn’t.
  2. You could have read the entire agreement, asked questions; and when you didn’t get sufficient answers, you could have put off the closing until you got clarification, but you didn’t.
  3. You had no idea that the closing agent and the entity that agent represented knew (or should have known) WHERE the funds were coming from; how the funds were getting to the escrow account that was wiring your funds to the closing agent; and all of the details regarding the validity of the “lender” and “mortgagee of record”.
  4. You had no idea what the acronym “MIN” meant … nor had you any idea of the 18-digit number following that acronym.
  5. You had no idea your loan was being securitized through a Real Estate Mortgage Investment Conduit (REMIC) on Wall Street.
  6. You had no idea that your home loan was being funded by investors unknown to you.

Yet, you got hoodwinked into signing your life away to a life of potential PTFD (Post-Traumatic Foreclosure Disorder), should you fail to make your monthly mortgage payments!

What constitutes diversity jurisdiction?

In order to be able to remove a lawsuit to federal court (which is a court of limited jurisdiction), two things have to occur:

  1. The Plaintiff is a resident of State “A”, while the Defendant(s) are known to be residents of State “B”.
  2. The amount in controversy must exceed $75,000.

Gee … I wonder what would happen if the homeowner showed the caption as:

Joan Demarest and the Registered Holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2 … as joint petitioners … with NO defendants listed … and asked for a declaratory judgment ruling on the merits of WHO got screwed in this deal?  Where’s the controversy then?  (you attorneys can chime in here)

In order to have justiciable controversy (the makings of a proper lawsuit that a court can claim jurisdiction to rule on), you have to have a Plaintiff and a Defendant(s).  If you have “joint petitioners” and NO defendants, how can there be a “controversy” if both joint petitioners agree on the same thing?  Despite the fact that the certificate holders are from all over the world, some of them (To Be Determined) may be in the state you’re residing in (State “A”).   If there’s no State “B”, then why list DOES 1-10, inclusive, like this case did?    I actually litigated a case (while out of state) through the mail, with a co-party, as joint petitioners, and got my ruling from a court in Missouri!  Does that surprise you?

Diversity FAILS if … 

  1. There is no amount in controversy (which is what you have in a declaratory relief case, like a cancellation and expungement action (C&E) over a bogus document in the land records; and
  2. You aren’t naming out-of-state defendants until the in-state defendants respond and lock the case up in state court.

Does this make any legal sense to you?

This is part of what we taught in the C&E Workshop in Las Vegas April 6th and 7th. 

America’s land records are a “crime scene”!

MERS’s flawed business model helped make it that way.  Over 80-million homeowners who unknowingly borrowed investor money through securitized mortgages did the rest of the damage.  It was “intentional” on MERS’s part.   It was ‘unintentional” on the homeowners’ part.

Despite the fact you can beat diversity, certain entities will remove the case to federal court anyway, just to F**K with you and your pocketbook!  MERS is one of those entities.

There is a right way and a wrong way to approach this scenario.  What Joan Demarest did in her case was the wrong way.

The “trustee” is a necessary party in Deed of Trust states!

You should know that if you name the trustee in your lawsuit, it’s likely that the trustee is “headquartered” out-of-state.   The trustee (in this case) was declared by the 9th Circuit panel to be a “real party to the controversy for purposes of diversity jurisdiction when he possess certain customary powers to hold, manage, and dispose of assets for the benefit of others”.

This case was filed in Los Angeles County Superior Court on May 27, 2016.  You would think that by then, anyone involved in this case could have figured out what the “end result” could be … but NO!  We have attorneys out there that like to use the “shotgun approach” instead of the “sniper approach”.  This is why California Attorney Al West and I put together “The C & E on Steroids!”   It’s a sniper approach to cleaning up the “crime scene”.   If you clean up the “crime scene”, then what evidence is there that a crime occurred?  What evidence is there that a party has standing to foreclose when the intended “consequence” of an assignment is declared void, cancelled and expunged from the land records?

This is why we found instructional appellate case law to support our research and methodology for doing these types of “sniper approach” end game strategies.  Everyone wants an “end game”.  Getting to that point is why people run into trouble having their dirty laundry removed to federal court where it’s likely to get dismissed on a 12(b)(6) motion.  And the foreclosure happens anyway, because “we’re too pissed to think straight!”

Watch the movie “American Sniper”.  Then, liken that mindset to your approach.  Knowing WHEN, WHERE, HOW and WHY you need to “take out” a target makes all the difference in the world.

Look for The C & E on Steroids!, along with the DVD training video kit, available in early May, only on CloudedTitles.com!

Sniper training at your fingertips!

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