Tag Archives: investors

NEW UPCOMING FORECLOSURE DEFENSE WORKSHOP … OUTSMART THE BANK!

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

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

We have to stop making false assumptions about foreclosure …

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

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

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

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

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

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

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

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

Transportation from Orlando International Airport is FREE!

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

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

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

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

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

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

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

This country is lacking in financial education!

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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FIVE REASONS NOT TO AVOID SERVICE OF PROCESS!

(OP-ED) —

I just received an email from a homeowner which stated that he “refused” service of process.

I flew into a fit of rage.  It took me 10 minutes just to calm down before answering his actions.

By nature, we have a tendency to avoid conflict.  We don’t like confrontation.  A process server coming to your door, at any hour of the day or night, means that a confrontation is about to occur which is at best unsettling, causing conflict in your life.  In the case of a married couple, you can expect that once a process server delivers their spate of bad news, you can bet that there will be immediate strife in the household.  Tempers flare.  Blood pressure goes up. Insomnia due to worry sets in.  For all practical purposes, emotion rules.  Common sense goes right out the window.  So, naturally, our tendency is to avoid service.  I believe this is wrong (and so do many attorneys I’ve talked to).  So I’ve put together a list of 5 brief reasons why NOT to avoid (or in the alternative) refuse service of process.

REASON #1: You won’t know who your enemies are! 

You’ve heard the old saying, “Keep your friends close and your enemies closer.”  This saying came about for a reason, especially in the legal profession.

When you don’t understand WHO is coming after you, you won’t know how to establish an “End Game Strategy” to beat down the action being taken against you.

REASON #2: You won’t know why your enemies (whoever they may be) are coming after you! 

If homeowners (as Borrowers on a Note) haven’t been able to make their mortgage payments, chances are likely they’ll figure out why a process server is attempting service of process … because the bank (or servicer) wants their money and they are tired of waiting.  On occasion, a servicer will send out notices (in the form of door hangers) through their local contacts, tipping off homeowners that service of process for a lawsuit (or non-judicial foreclosure sale) is likely imminent.  If you have more than one property, you definitely won’t know which property is being affected because you’re “not in the loop”.

REASON #3: You won’t have a legal “foot in the door!” 

One of the first ways foreclosure defense attorneys can defeat a case is to make the other side do its job properly. On many an occasion, a servicer has hired a process server to serve process and it was done improperly for whatever reason (tacking a note up on the door, which later blew away; false attestation, etc.) and thus, attacking service of process is the first line of defense in making the entire foreclosure process have to be refiled again.  Homeowners (as Borrowers) do not understand this principle because they’d rather “play ostrich” and stick their heads in the sand.  Remember, avoid conflict at all costs, unless it proves to be fatal.  In many states, refusing service when confronted can also mean service was accepted.  Judges don’t like it when the party being served deliberately says “NO” to process, because it’s their right to know what they’re being accused of doing (or not doing).  Judges have also been told to clear their dockets of issues like this, which is a precursor to a default judgment being issued against you.  It’s one thing NOT to be home when the process server calls, it’s quite another to refuse service when it could be something financially critical to your future well-being (and that of your family).

REASON #4: You have no idea how to strategize a defense to the service, let alone anything else! 

Many foreclosure defense attorneys understand that attacking improper service of process only frustrates the foreclosure process and doesn’t stop it altogether.  However, understand that if the other side is going to bring a claim against you, don’t you think they need to follow the letter of the law?  After all, this likely involves dispossessing you of your property and if they don’t do something as simple as to properly serve you with the paperwork, how do you know if everything else they’ve done is right too?

REASON #5: Time is of the essence! 

No matter what the outcome of service, time is working against you the longer you wait to accept service.  I’ve known at least one person that has deliberately made himself scarce when he knows a process server is attempting to serve him with papers.  He thinks that by avoiding service, he’s going to be able to delay his day in court.  Unfortunately, after a time of trying to serve a party at their residence, the process server will contact the attorney handling the opposition’s case and make mention of the facts (that you’re either avoiding or refusing service) at hand and the attorney may then request from the judge to allow for substituted service (meaning someone else close to you can be served in your stead), which makes you an open target for service at your place of employment or through a relative who lives nearest to you.

Once service has been completed, you have a timetable in place.  In judicial states (mortgage states) you have 20 to 30 days to respond to the complaint. If you don’t, a default judgment can be entered against you and the foreclosure will be commenced against the property without your knowledge and probably at a time most inconvenient to you (or your loved ones).  The last thing I’d want to see is someone being kicked to the curb.  See below (from the film 99 Homes): 

The setting of a timetable forces you to have to act to stop whatever is coming after you.  For the average homeowner, this means spending money you don’t have hiring an attorney to draft and file and answer to the Complaint.  The average homeowner should also understand that many attorneys aren’t real well versed in foreclosure defense and are likely to admit to things that they don’t understand.  Even worse, should a pro se homeowner proceed without at least some assistance of counsel, they are likely to screw themselves out of their home permanently, while putting their spouse or family at equal risk.

This is one of the reasons why we set up the FORECLOSURE DEFENSE WORKSHOP! 

If you don’t know your rights, you don’t have any!

Here is an opportunity to learn from one of the best foreclosure defense attorneys in Florida!  (see below)


Here … you have an opportunity to learn to fight back!

Download the Workshop application here: FDW ORLANDO REGISTRATION FORM

Yes, DK Consultants LLC is sponsoring this event.  This is the only event in 2017 and the ONLY event custom tailored to pro se litigants!

This means, you’re going to get educational information that is vital to saving your home … not just some sort of “delay game” strategy used by most Florida foreclosure defense attorneys!

ENROLL NOW!  SEATING IS LIMITED!

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