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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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TEN YEARS LATER … HAS YOUR DEFINITION OF “INSANITY” CHANGED YET?

(OP-ED) — The author of this post posits these comments based on his own observations and none of this should be construed to be legal advice. For the record, the definition of “insanity” is … doing the same thing for the next 10 years you did the last 10 years expecting different results. 

Who would have ever thought that me breaking my foot would steer me down a path of moral concern, that is, America’s foreclosure crisis based on phony documents?

The Beginning of Insanity

It all began in mid-2007, when, quite by accident, I was surfing the county clerk’s website looking for details on my Texas property and discovered repetitive references to Mortgage Electronic Registration Systems, Inc. (hereinafter “MERS”).  I had no idea who MERS was until I started doing further research into this entity only to discover this electronic database had been around since at least 1999.  It didn’t even occur to me that MERS was a brainchild of the banks because at that time, there wasn’t much information out there because the lawsuits that have made the annals of American history were not made manifest yet.

I also had no idea that MERS and the banks were working hand in hand to further their “case wins” in courts by posturing MERS as some sort of legitimate “party” that had the right to foreclose on property.  I only discovered this in 2009 after I started doing serious research into security instruments and all of the accompanying documents that littered the land records across America in the wake of the financial crisis of 2008 and the previous redux of securitization, which finally reared its ugly head in a way that most Americans could understand.  It was at that time I started to develop what would later become the Chain of Title Assessment (COTA).  How the documents interrelated to each other became more important than the actual information contained within each document because a pattern of behavior became obvious which was worth doing more research on.  That pattern of behavior was recorded assignments being placed within the land records just prior to a foreclosure being commenced on any given piece of property in America.

By mid-2010, I had a specific pattern identified and was able to develop a COTA checklist based on that pattern of misbehavior.  The pattern was not just a making of the law firm or the trustees attempting to enforce security instruments.  It became obvious later on in the game that the law firms and trustees actually were doing the bidding of the mortgage loan servicers; however, that realization did not come until AFTER Clouded Titles had been published (in December of 2010).  It was not until mid-2012 that things began to surface that would lead me straight to identifying who was behind all of the chicanery that enveloped all 3,041 of our nation’s real property records.  At that point in time, I had already established a working relationship with several Texas Clerks and had lectured to their Clerks’ School, sponsored by the V.G. Young Institute for County Government.  Williamson County Clerk Nancy Rister and Williamson County government were the first to attack MERS and the servicers and third-party document mills head-on in a land record audit, which was formally released in January of 2013.

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

Judging by MERS’s reaction to the audit, I knew we were onto something. MERS went out of its way to try to debunk the 179 pages of damning assertions that the mortgage loan servicers and their third-party document mills were the ones behind all of the false and misrepresentative statements we would soon come to identify in the hundreds of COTAs I would being conducting since Clouded Titles was released.  Reporters kept telling me that MERS claimed it did nothing wrong and my reply was, “Then why is everybody suing them?”

A Big Mistake

The chain of title assessment (COTA) has been referenced as a “chain of title analysis”; however, through whatever name you want to give it, the research that goes into a COTA makes it a report, an investigative piece if you will.  By the time that the mortgage loan servicers agreed with 49 states Attorneys’ General to stop production on fraudulent documents, word had spread not only to the legal community but also the public at large, that this chicanery was widespread. Foreclosure victims became outraged at the thought of being defrauded through the illicit use of the land records.  It was at about that time that the COTA hit the courts.  Reliance on a COTA in a court of law or of equity is a huge mistake as many have discovered.  Proof of that will be made manifest in this post.  By the time homeowners and their attorneys ran screaming into court about the “fraud” in the documents, MERS and the banks had already set case precedent that the contents of the documents could not be challenged because the borrowers were not “third party beneficiaries” to the assignments and therefore had no right to challenge.  In my opinion, this lame excuse of not benefitting from the assignment was a ploy to gain favor with the courts, whose judges went along with the argument because the homeowners’ attorneys had no comeback to the argument.  The big mistake however, was the misuse of the COTA and the laziness of homeowners’ counsel to conduct proper discovery.

Many litigants ran into court with their research and attempted to use it as “evidence” to prove their theories that they were defrauded by and through the use of “fraudulent documents” recorded in the public records. Once such case involving this posts’s author manifested itself in Texas on November 25, 2013, in the same year that the Williamson County Real Property Records Audit was released.  See the case below and pay attention to the references on Page 4, where this author’s name is mentioned:

Brown v BANA_Tex 5th App Dist No 05-12-01382-CV (Nov 25, 2013)

Quoting my name and my book and making references to it is not PROOF as the Appellant soon learned the hard way.

During the time span from the time this case came out, Clouded Titles had been on the market for three years and had expanded from its 254-page original version to 432 pages (not the Mayday Edition, which is the revised final version). I knew that judges and attorneys were aware of it … and not just because of its consistent use in the courts.  By that time, the Circuit Clerk of Osceola County, Florida, Armando Ramirez, was introduced to the book and was encouraged by the public to make contact with the author, which led to the commissioning of another land record investigation, which was conducted roughly 90 days AFTER the mortgage loan servicers vowed in writing never to launder the land records with fraudulent documents again, as shown below:

OSCEOLA COUNTY FORENSIC EXAMINATION

The author of this post, once this document was made public, was attacked by the media in what appeared to be political retribution against the Clerk of the Circuit Court (Ramirez), who was again elected to his Clerk’s post in a majority vote the following election cycle.  However, this time, MERS did not play a role in the politicizing and demonizing of the report, which had an attorney opinion letter attached to it like the Williamson County report did.  Instead, the media and foreclosure mill law firms jumped into the fray, slamming the Clerk for spending county money on a report that they maliciously called a “foreclosure audit”.  Again, misuse of the COTA.  The Report issued to the Clerk was just that … a Report outlining the abuses that continued in his own land records from June 1, 2012 to June 1, 2014, well after the mortgage loan servicers agreed to stop putting false and misrepresentative documents in the land records, where they still appear to be continuing on through today!

The Bigger Mistake

What’s even worse is that a lot of wannabe “investigators” who claimed that their research was solid proof did not pass muster in other cases.  As I will demonstrate in the upcoming Chain Of Title Assessment Workshop, to be held online on the Clouded Titles website starting on February 1, 2020, this author has been pontificating all through the ages that Chain of Title Assessments (COTAs) are NOT EVIDENCE in court, despite the ignorance of litigants and their attorneys.  In this workshop, the author will cite a U.S. Supreme Court case that clearly identifies a COTA as research developed from multiple sources and compiled into a report, which this author has constantly maintained is to be used for case development and not as evidence in of itself.  But given the desperation of homeowners, along with the mistakes made by these alleged “foreclosure rescue services” that claim the COTA is their Holy Grail in order to make a buck, these assessments are STILL NOT EVIDENCE in court, as the most recent case out of Idaho demonstrates:

Losee v Deutsche Bank Natl Trust Co, Sup Ct Idaho No 45721 (Nov 29, 2019)

Do you see the date on this case?  It was just issued the day before this author published this post! 

What in the hell are these people thinking?  If I have maintained that a 1943 United States Supreme Court ruling by this nation’s highest court mandates that COTAs cannot be relied on as evidence, why are these wannabe investigators and their litigants ignoring it?

Previously, much to my chagrin, I’ve warned attorneys NOT to waive my COTAs around in court.  One of them did in a Houston federal court and got screamed at by the judge.  This is where the joke about “judges screaming my name and it wasn’t during sex” evolved from. (“Who’s Dave Krieger????!!!!!!!!)

One other attorney in Michigan was forced to let a judge see the COTA (by the judge’s own insistence) because the attorney kept referring to the document while making arguments in court.  Once the judge read the document (assumedly during his lunch break), he got an education, even though it was still NOT being offered as evidence, and ordered the parties to settle the case as he stated, “neither one of you are going to like the way I rule on this one!”   In the end, the bank got the house back and the homeowners got their money back and then some.  This still does not mean that the COTA is evidence unless the material within the COTA is vetted and relied upon by expert witnesses or utilized to craft discovery to go after the underbelly of the other side’s arguments.

I beg of you … please do not continue to misuse these reports.  These reports are meant as investigative research and proper discovery must be utilized to vet the research.  Simply walking into court and waving these reports around screaming “Fraud This!” and “Fraud That!” will get you nowhere.

To get a real idea of HOW TO do a Chain of Title Assessment (COTA) on your own, where you can get a real education, I am offering the first online COTA Workshop on Saturday, February 1st (2020), in 4, 2-part segments, from 9:00 a.m. to 1:00 p.m. Eastern Standard Time.  Here’s the schedule of the online classes:

Sessions 1 and 2, Saturday, February 1, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 3 and 4, Saturday, February 8, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 5 and 6, Saturday, February 15, 2020; 9:00 a.m. – 1:00 p.m. (EST)

Sessions 7 and 8, Saturday, February 22, 2020; 9:00 a.m. – 1:00 p.m. (EST)

I have revised the COTA to take the purpose of the workshop out of the “business model mode” and craft it into the “consumer mode” for the purposes of giving you a basic education into the realm of document identification and research.  Click the following link to leave your email address in the blank space provided and the Registration Form will be emailed to you.  Once you are enrolled in all four sessions, you will be able to access the online workshop presentation (as it will be recorded for future use) on the Clouded Titles website!

The Definition of Insanity Needs to Change in Your World!

I can tell you with a certainty that mine has!  In fact, I use COTA research to make money in my real estate investing.  Had homeowners going through foreclosure been thinking about Plan B instead of trying to fight the inevitable losing court battle ratios, America might have had better case law than what it has now.  With the banks creating as much negative case law against homeowners and as tilted as the system is against borrowers who don’t pay their mortgage payments, it’s time to change your mindset and use the COTA to your advantage.  My workshop strategies have now shifted into the realm of COTA use to make money to survive instead of defending your home in a losing battle.

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