Tag Archives: foreclosure

TEXAS GOVERNOR UNDER FIRE FOR CLOSING NIGHT CLUBS … AND OTHER STUFF, INCLUDING FORECLOSURE NEWS!

(BREAKING NEWS – OP-ED) — I’m including the latest breaking news, including foreclosure-related cases, for your review and rumination. 

News from the Lone Star State …

And the misinformation and disinformation continues, despite Texas’s Lt. Governor Dan Patrick telling Dr. Anthony “Flip-Flop” Fauci to shove it on FOX News.  See the video interview with Laura Ingraham HERE!   After seeing the number of patents Fauci has and will benefit from, you can certainly see my disdain in giving him a nickname, since he seems to be the “giant zit” on the rectum of all of the fecal disinformation that got everyone at each other’s throats (someone hand me another piece of ass-wipe … I seem to be out … everyone’s beat me to the supplies again).

The Texas Bar and Night Club Alliance filed a class action lawsuit, the second suit filed this week against Texas Governor Greg Abbott, for taking discriminatory actions against night clubs, claiming they’re hot spots for COVID-19.  The suit asks for $10,000,000 in damages and states that Abbott should have given the bars more than 24 hours notice before ordering them shut down, which was not the case this time and the lawsuit maintains that Abbott is abusing his emergency powers “without proper legal notice.”   The bar industry in Texas alone employs over 800,000 workers.  Florida’s clubs have also been shuttered unless they serve food more than 50% of the time.  In both states, salons and spas have been allowed to reopen, where bar owners claim the social distancing rules go right out the window because the salon stylists are touching the hair, scalp and face of the clients, regardless of whether they’re wearing a mask or not.

News from the Pot-Smoking, Open Carry, Gun-Toting State … 

Meanwhile, in Colorado, one restaurant owner defied her state’s lockdown orders, keeping her restaurant (which serves alcohol) open and fully running.  Lauren and Jayson Boebert kept Shooter’s Grill open despite a sheriff’s cease and desist order.  This isn’t an ordinary bar and restaurant either. It’s located in Rifle, Colorado:  CLICK HERE TO GET YOUR MIND BLOWN! 

The significant thing about the owner, Lauren Boebert (a Florida native), is that she just defeated a five-time GOP U.S. Congressman (incumbent) in the 3rd U.S. Congressional Primary in Colorado … CLICK HERE FOR THE VIDEO!  The 33-year-old restauranteur and mother of 4 faces off against Democratic challenger Diane Mitsch Bush in the November general election.  It never ceases to amaze me how the mindset of America is changing more in favor of not only protectionist as to a country, but protectionist as to its people.  Well … if you don’t know your rights, you don’t have any.

Just in case you missed it … 

For those who missed Friday night’s broadcast with Dr. Judy Mikovits on City Spotlight – Special Edition … you can listen to the broadcasts (both of them) under the Show Archives (under the FES Banner) for FREE, on the CloudedTitles.com website! You can’t make for a great argument against Flip-Flop Fauci without knowing the science!

In other related QAnon-type news … 

On yet even another note … this is a 45-minute video you might want to partake in if you have a bit more time: WATCH HERE! (It’s still on YouTube! WOW! … I got this video from one of my old school chums who’s an attorney in California!).  

Meanwhile, have you noticed that Bill Gates has been quiet of late and they just arrested Jeffrey Epstein (who didn’t hang himself)’s sidekick, Ghislane Maxwell?  Are we draining the swamp or what?  1, 2, 3, 4, 5 … senses working overtime!  (thought you might like to take a break from the “heavy” in favor of some happy music)

In foreclosure-related news … you’re going to love this case! 

In this instance, the alleged REMIC trust, which is nothing more than a glorified administrator for a cesspool of defaulted loans (and not really a REMIC), got its butt kicked in the Maine Supreme Judicial Court.  Read the case here: Wilmington Trust NA v Berry, 2020 ME 95 (July 2, 2020)

This is why you have to be sharp forensically, especially when it comes to the Rules of Evidence.

Let’s move up to the federal level, with another FDCPA “published” win for the homeowners! 

In this case, the Consumer Financial Protection Bureau even got involved, submitting an amicus brief in a state whose courts just hate whiny homeowners.  Read the case here: Bender v Elmore & Throop, PC, 4th App Cir No 19-1325 (July 2, 2020)

And this is why we have Courts of Appeals … because U.S. District Court judges always seem to be pro-bank, pro-debt collection agency, pro-whatever as long as they get to play God for 15 minutes. Patience is more than a virtue, especially when it comes to an FDCPA claim.

And when both the lower court and court of appeals seem to play “pin the tail on the donkey” with your rear end, there’s always hope in the Supremes! 

And for yet another whammy involving Rules of Evidence, the hearsay rule and why it’s sometimes necessary to take the matter all the way up to a state Supreme Court, check out this case: Jackson et al v HFC III et al, Sup Ct Fla No SC18-357 (July 2, 2020)

And in my final stab at First Amendment freedoms … see the latest case where a high school went after a cheerleader-reject after she wrote “Fuck Cheer” on a Snapchat post … (hint, hint … the cheerleader won … go team!).  The amazing thing is this case was precedent setting …

B.L., a minor vs. Mahanoy Area School Dist, 3rd App Circuit No 19-1842 (June 30, 2020)_Precedential

But for all the headaches and legal expenses incurred by mommy and daddy, I would think it’s better to control one’s emotions, especially on social media, unless you’ve got a big bank account and a serious axe to grind.

So much for a bit of light reading, eh?

Happy 4th.  Stay safe.

Celebrate your freedom … while you still can!

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JUST BECAUSE YOU’RE PARANOID DOESN’T MEAN YOU’RE NOT BEING FOLLOWED!

(OP-ED) — The opinions expressed herein should not be construed as legal advice.  

CONTACT TRACING WAS NEVER THE BEGINNING

Imagine commuting around London … or even walking on any given street.  Chances are, you’re being monitored by one of over 250,000 cameras strategically parked within the framework of the city.  The U.S. has yet to experience anything to such a degree outside of the more populated areas because there hasn’t been a need for it.

That is, until now.  With the USA Patriot Act, which keeps getting renewed over and over by Congress (the first batch of elitists that have a right to be paranoid), a good chunk of our civil rights have been stripped away … and we keep letting Congress do this.  Not to their credit, Congress has not begun to feel the full effects of multiculturalism, which is a primary consideration when it comes to socialistic behaviors coming out of our government.  Multiculturalism is widespread in London.  London has more to worry about in the way of terrorist attacks than New York does.  However, foreign cells lurking in this country have to be absolutely loving what they’re seeing in the streets of most major cities in America.  They can sit back and let some disgruntled, misguided, uninformed protester do their dirty work for them.  They don’t have to blow shit up.  Antifa or some other extremist faction will do that for ’em.  Multiculturalism breeds contempt and anarchy and it also breeds racism.  Anyone with an ax to grind won’t like living in multicultural areas of the U.S. for the very same reason that when the COVID-19 related curfews and travel restrictions are lifted, a heavy migration from multiculturalized areas will begin in a dramatic shift to areas like Florida, Georgia and Texas.

As you are probably well aware, following spring break, special phone technology software was deployed to trace the paths each of the spring breakers took when they left the various “party zones”.  It’s scary to know that just using your cell phones GPS tracking mechanisms, people with the proper software can trace your paths, as insignificant as you may think it seems (to be harmless).

And this is just off of cell phone technology.  Imagine what things would be like if the government demanded you be “chipped” as part of a vaccine program, so no matter whether you have your cell phone on you, you can still be tracked.  Are you ready for that because the implications are there that it’s coming as part of a plan to depopulate the world through the vaccine program.  Understand that I speak from personal experience when I tell you that the government lies and commits acts of deceit against its own citizens.

DO WE HAVE A REASON TO BE PARANOID?

Our elected officials seem to know more about how we should behave than we do.  In fact, they all think they’re better than we are.  They’ve forgotten that they serve us. We don’t serve them.  We pay their salaries.  They get their honoraria from brown-nosing people who want to hear their speeches.  Many of them own businesses and make a lot of money despite the fact they serve in Congress.  They don’t want to lose those perks so they spend a lot of time out of their planned activities getting re-elected.  So they are paranoid that someone else who the voters like better will run against them and they certainly can’t have that now, can they?  So, yes, they do have reason to wonder who might be talking about them behind their back.

Paranoid runs afoul every time people have to worry about being attacked, confined, arrested, jailed, interred in a camp or deported.  You name whatever crisis there is and those afflicted will have a reason to worry about their given scenario to the point of neuroses.  Also bear in mind that the authorities are watching Twitter and Facebook posts and tracking down illicit comments or violent threats, despite the fact all the offender was doing was venting.  Since we are in the middle of an era of censorship, Facebook, YouTube and Twitter will all make sure you’re (mostly Democrat) posting left-wing-type arguendo or you or your posts will be systematically censored and deleted from public (and even your) view.

WE ALL HAVE A DIFFERENT PURPOSE IN LIFE

Jesus loves the little children

All the children of the world

Red and yellow, black and white

All are precious in his sight

Jesus loves the little children of the world

And then the little children learn what they live … and they grow up.   One form of learning about oppression is having a parent in prison.  When you look at the statistics of the number of people in prison in America, it’s sickening.  And how then are people supposed to make a living with stigmas attached to them?  Or do they go on living inside of that stigma?   Acting out what their parents taught them by example?  What about the black parents that program their children with hatred towards cops and white people?  There have been numerous stories done where the persons commenting about what they teach their children (i.e., how to stay alive when confronted by a police officer, etc.) and why.  If we are taught to be racially motivated we will act out what we are taught. However, not all blacks have espoused to this negative teaching.

Some became professionals (attorneys, accountants, architects, engineers, scientists, doctors, nurses, etc.) because the world offers them the opportunity but only if they take positive advantage of it.  Sadly, many of them become enslaved in student debt.  This is an unfortunate reality in America, not just for black Americans but for all Americans.

Some became blue collar workers (manufacturing, tradesmen, carpenters, builders, air conditioning repairmen, etc.). Some used the assistance of a trade school (plumbers, electricians, etc.).  They actually took the steps necessary to get an education in that given skill set a lot quicker than trying to jump hurdles through a liberal juggernaut of a college.

Then you have service workers (these come in all kinds, from waiters and waitresses, to cooks and cleaners, maids, butlers, nannies, etc. ).  They get where they are based on a lot of experiential knowledge.   When people get mad and burn down their restaurants, they find themselves out of work.  How then are they supposed to survive?  What did the protests accomplish other than destruction of property and putting people out of work?  How is that setting a positive tone for how we are supposed to conduct ourselves civilly in America?

When we conduct ourselves inappropriately, we draw unwanted attention to ourselves.  This is yet another reason why people have reason to be paranoid.  They know that at a point in time, their paths will cross with authority, whether it’s the local police or sheriff … or something bigger, like the FBI, ATF, the IRS or the National Guard.  We have laws to set a guide path for ALL Americans to follow … thus, ALL LIVES MATTER.  The promotion of anything else is a display of racism and bigotry.

All of the protesting can work against the very people that complain in the streets.  Peaceful assembly is constitutionally allowed.  Violent assembly is not tolerated.

ERASING HISTORY WILL NOT STOP PREJUDICE

Getting pissed because someone is flying a Confederate flag at a race track is not the time to “take a knee”.  It’s a time to understand that if you’re a NASCAR driver, you’re there to race.  You’re there to win.  You’re there to compete with the big boys … other professional drivers who have the same objective as you do.  Demanding that a piece of history be removed from the track is counterproductive because it sets you apart as a “rebel”, the very same thing Johnny Reb stood for.  The C.S.A. rebelled against the North.  We cannot avoid discussion of the Civil War.  600,000 lives were lost over a battle about states’ rights.  Slavery was a minor issue in this war.  President Lincoln made it a major issue when he put forward the Emancipation Proclamation.  Black men fought for the Union Army in exchange for their civil rights.

Those who are ignorant of history are condemned to repeat it, so trying to change it by removing statues won’t eliminate the underlying reasons for why prejudice exists.  It just buries those prejudices deeper.  It doesn’t matter whether you live in a Red State or a Blue State. Prejudice is prejudice.  Eliminating history only makes people resent the protesting even further.  We are a nation of laws and equality.  We can either make use of the opportunities we have and adhere to the laws set forth for us to abide by as civil human beings … or this nation will devolve into another Civil War … and then Congress won’t be able to stop it.  They will become more paranoid because they see a grab for their power.  Absolute power corrupts absolutely and you should understand that people who are in positions of power have the opportunity to manipulate the way you think, even if it causes you harm in the future!  The Congress will be quick to condemn the President for not doing anything and the President will be forced to implement martial law in America, which will drive the revolution into “insane mode”.  Because the size of the population of the U.S. is 322-million people, the casualties of a second Civil War will far outnumber the number of fatalities in the first Civil War.

BEING RIGHT WHEN THE GOVERNMENT IS WRONG IS ALSO A REASON TO BE PARANOID

This COVID-19 “pandemic” is constantly being called into question. First, Dr. Judy A. Mikovits exposed her private life and research in Plague of Corruption … and now we have a former U. S. Army nurse speaking out (whistleblowing) in this VIDEO that will have you questioning authority, modern medicine and its abuses on society.

The government is monitoring everything and everyone … because it is paranoid and government employees believe everything politicians tell them. If you advocate for an outright revolution, you can bet “they” are listening into your phone calls and monitoring your tweets and posts on social media.

The time to maintain a status quo low profile is now, not when they come to your door.  Hope for the best. Prepare for the worst.  Paranoia will only create more neuroses, so learn to deal with those sinking feelings and understand that you’re probably not alone in your thinking, especially if Uncle Sam’s boys come knocking at your door (or some process server, serving you with foreclosure papers).

 

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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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PREPARING FOR THE FORECLOSURE ONSLAUGHT

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

THE TIME TO PREPARE IS NOW!

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

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

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

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

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

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

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

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

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

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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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