Tag Archives: law enforcement

UPDATE ON CORONAVIRUS … MAY THE ODDS BE EVER IN YOUR FAVOR!

( OP-ED, Some BREAKING NEWS) — The death toll in Italy has (at the point of this post) hit the 7,503 mark, with 683 deaths reported in the last 24 hours.  Those who break quarantine are still subject to arrest.   Johns Hopkins University’s data tracking systems are reporting a total of 392,780 confirmed cases worldwide in 169 countries with roughly 20,500 reported and confirmed deaths from coronavirus (as of this post). Germany has 114 deaths on the books since the pandemic began, with the highest number of infections in the 15-59 age group.  In Spain, an ice rink has been turned into a temporary morgue, with that country reporting a total of 74,386 infected people and 3,697 dying of coronavirus, the second worst “hit” in Europe. Ireland seems to have been spared the same attack rate as Spain, with only 1,564 infected cases and only 9 deaths which makes the percentage rate at .006, which is barely negligible.  A lot of countries are dealing with this crisis much differently that Italy and Spain.  Italy especially is more susceptible because of the number of elderly who live there; thus, its numbers are higher. 

Then there’s America.  Land of the fee and home of the slave.  New York is reporting (within the last 24 hours) 25,665 cases (15,597 of those in New York City alone and 218 deaths).  New York officials estimate that the “attack rate” of the virus 28% of all test results as opposed to 8% throughout the rest of the country. This logically would appear to mean that the bigger the area you live in, the more reason there is to shelter in place right now.  New Jersey has 2,844 cases reported and 27 deaths. Connecticut’s numbers are lower, with 415 cases reported and 10 deaths (less than Florida’s current mortality rate).  I know … it almost appears as if we’re keeping score here … but the statistics tell us something.

The virus has killed at least 704 persons across the country with 53,000+ cases reported as active.  So far, 333 have reportedly “recovered”, but there is no telling whether they could contract it again.  That is getting close to what I would consider a “pandemic”; however, even with the possibility that most of those infected could recover, until they have been tested and know they’re positive, they are still considered “vectors”, who are still out contaminating the countryside.  There is also the possibility that we’re not being told ALL of the numbers, for fear it would exacerbate the already-induced nationwide panic. 

This coming Friday (March 27th), City Spotlight – Special Edition’s Dave Krieger (along with co-host R. J. Malloy) will be updating you on the latest statistics of what has happened in America and how communities are reacting.   The program airs shortly after 6:00 p.m. Eastern Daylight Time on WKDW-FM, North Port, Florida. Tune in for more information … as well as our “take” on things. 

Because of the panic created by the governments , both federal and state and the media, we’re going to bring you fallout commentary on what we think is really going on, albeit we’re going to try to stick to facts and avoid conspiracy theories (on the show’s website; click on the website, then click LISTEN NOW to join the program).  

FLORIDA CASE REPORT

As of the time of this post, the number of Florida cases rose by 378 overnight to 2,355, with 28 deaths.  Statistically, this represents about .012% of those infected; however, it does not tell us how many people are infected and don’t know it yet, which is why states are putting their citizens on lockdown and only allowing essential services to operate. Florida is not one of them yet.  To totally lock down Florida would literally kill its economy within 30 days and force businesses who were shut down to have to borrow to cover their losses, which, when restored, will likely be passed onto the consuming public. Currently, the Florida Department of Health is monitoring 1,655 more suspected cases, waiting for test results.  

Meanwhile, those business in Florida who are in need of assistance due to business losses can contact R. J. Malloy at WKDW-FM Radio (an agent for the SBA for the small business loans) at (941) 564-8739 and he can help you apply for low-cost emergency funds.

DO NOT COME TO FLORIDA! 

Excessive travel is not recommended, especially people planning on coming to Florida.  The Governor has issued an Executive Order for residents outside of the State of Florida NOT TO ENTER the State at all, especially from areas like New York, Connecticut and New Jersey, where the virus has been tabulated in record numbers. The Executive Order appears to have been issued due to residents fleeing the New York Tri-State area (NY, NJ, CT). The Order requires incoming “escapees” to undergo mandatory 14-day isolation and has made it a misdemeanor crime punishable by 60 days in jail and a $500 fine if not adhered to, with the costs of the isolation paid for by the airline passenger trying to “escape”. The Order says nothing about those from that area sneaking in by way of a vehicle. 

 The U.S. Government does NOT have the authority to declare a national lockdown, despite what you may have heard.  This is media sensationalized bullshit and you’re going to hear a lot of  “fake news” and “garbage sensationalism” on social media, mainly generated by fear mongers with absolutely no fact-based information whatsoever, spreading rumors over social media and making it look as if the government generated their “opinion”.   As Americans, we must forget about our “party lines” and start “reading between the lines”.  We should fact check every bit of information and treat it as “Disinformation” until we are able to verify it.   The late president Ronald Reagan even made the statement, “Trust, but verify”.   Until you know for sure what has and has not been done, do not trust the information until you’ve fact checked it.

As for Florida, which you can apply to your own given circumstance, as this poster, I do not believe that the “State” will order an absolute lockdown unless it believes its entire population is in jeopardy of contracting the virus.  The “shelter in place” suggestion has been recommended by all governments. The counties within the State of Florida however may commit to “locking down” citizens to reduce travel and occupation of “tight spaces”, reserving travel to only essential services. Some Florida counties already have put their residents in lock down. The Governor has also told those over 65 to stay at home and isolate for at least the next 14 days. 

Here are some “suggestions”, “observations” and “maxims” I have observed over time in researching this so-called “pandemic”:

  1. Despite the fact that the number of folks who are infected make up the reported “numbers”, we do not know how many are asymptomatic (don’t know they have the virus) and could be out and about spreading it;
  2. The number of test kits to confirm infection is still limited, even though authorities have said they are procuring more of them;
  3. The number of medical supplies needed to treat the pandemic that has already manifested itself are virtually non-existent and are being manufactured at this time, with delivery date to all locations uncertain. Knowing this, this information should be enough to give you at least a modicum of sense to avoid contact with people outside your home, especially those who still continue to travel and “hang out” in public places despite being told not to; 
  4. In many instances, you may feel the need to “go somewhere” for personal essential needs. You should have already stocked up for 14 days worth of food supplies and most utilities are holding off demanding payment in an effort to “keep the lights on” and “the water flowing”;
  5. Many people still do not have internet.  They have either land line or cell phones though. There is nothing wrong with you doing the responsible thing and to call them and inform them of what is going on, and to help them with getting them information you become aware of that is “fact checked” for the purposes of survival, including but not limited to, phone numbers of people they can call for updated information;
  6. The sooner we all smarten up and stop all unnecessary travel … and weather this thing out … the sooner things can get back to normal;
  7. If we shelter in place for even just 2 weeks, those who are infected will either (a.) know they’re infected and do something appropriate about it; or (2) have gotten over it enough to be able to return to work. 
  8. You are “safe” as long as you are in your home.  Now is the time to deep clean your house. Clean out your closets of things you can donate. Do necessary yard work you’ve been putting off.  Hang out with your family, if you have a family.  Rest often.  There’s nothing like a decent nap to recharge your batteries.  Stress can wreak havoc on a body’s immune system, which is why I advocate resting whenever possible if you feel tired.  Continue to ingest things to help your body’s immune system;
  9. DO NOT TAKE IBUPROFEN (Advil).  This actually screws with fighting the virus and may actually do more harm than good.  Alleve has naproxen sodium and Tylenol has acetaminophen, both of which have not shown to have an adverse effect on the human system; and
  10. Understand that every door handle you touch should be treated as if it has coronavirus on it.  If you do not have wipes or hand sanitizer available to carry with you on your person, to disinfect yourself every time you touch a surface, you should not be going anywhere. 

State and local governments are demanding that residents “stay home” (shelter in place).  This does not mean that you cannot go to the grocery store or to make a quick run for necessities.  It does mean however, that you can’t live life the way you’re used to, galavanting around the countryside,  hanging out in bars, doing whatever.  Those days are temporarily over until this thing gets kicked.  Keep the 14-day “suggestion” in your head. This is NOT the end of the world, despite what you may read on social media.  Understand that social media it what it is, a marketplace of peoples’ opinions, many of them confounded in panic. (Remember the Biblical saying, “And the more part of them knew not why they were come together” … taken out of context from the Book of Acts for a little side humor.)

There are some people who think that the Florida Governor has not done enough.  Let me put it another way … maybe it is the residents of this state that didn’t do enough, when first warned. They continued to go out and hang out in public places, especially at the beaches (spring breakers) and now they’ve contaminated others with their saliva droplets (maybe that should be a felony assault charge, whadda think?) and maybe they should  all be jailed and held without bond for a minimum of 90 days and then charged with manslaughter.  Do you really want that?  Your tax dollars would be paying for that, remember?  Seems like I’m not the only one out there who thinks punishment should be meted out to the violators. All I have to do is go on Facebook and I can see the comments levied at Governor DeSantis, knowing that he has the power to issue Executive Orders in the extreme and get away with it because it is authorized by law, including shoot on sight orders!  Two words: Hurricane Katrina. One word: Blackwater. 

Maybe if Governor DeSantis really wanted to send a message, he’d impose martial law, mandatory curfews 24/7 with shoot on sight orders to anyone caught out of their homes during curfew.  Is that what you want?  You want a “nanny state”?  Because I sure don’t. 

In the past, you’ve been warned you that if you didn’t act responsibly, that the government was going to “do your thinking for you” and make you stay home.  Since then, curfews in many areas of the country have been imposed and more are to come because people aren’t listening and behaving appropriately. The only thing absent from those orders is “shoot on sight”. Maybe a few death by cops would scare you into staying in your homes, huh?  (I know that’s effing extremist but how much whining does it take to make people wake the f**k up?) 

If we’re going to contain this virus, the vectors carrying it have to be identified and isolated, forcibly if necessary.  I say, if it’s found they’re the cause of cases of coronavirus resulting in death, we put them in prison for life!  

We do not need martial law to be declared if we act responsibly and stay put for the short term required to beat this virus.  Why should us law-abiding citizens have to put up with these “free radicals” spreading disease all over the place because they think they’re entitled to go where they want, do what they want and act the fool any time they want?

The government has put the hammer down on unnecessary travel for a reason.  The government is paranoid.  I would be too if I were working in high positions in government, seeing that the entire country could revolt against the “capitol” (Hunger Games); civil unrest (rioting in the streets by the tens of thousands) could occur, resulting in an all-out Civil War II in America (think “Red Dawn”).  Obviously, we all want peace and the ability to get “back to normal”, so the quicker we start fact checking and making sense of things, the quicker we will recover.  Even if we had to self-isolate for 2 weeks, would that really be a bad thing?  

TAKE A BREATH … 

If you need further information , go online to your local health department and see what they’re recommendations are.  It is too late to get a flu shot, despite the fact local health departments are telling everyone out there to go get one if they haven’t yet.  Traveling to public places to get a flu shot only risks exposure to those who may be infected, which is why (IMHO) I think this is bad advice.  No one is around to treat you to that flu shot (typically) because most of the medical facilities seeing patients only want to see the ones that are mission critical and not the ones who “think” they have the coronavirus. If you were to even manage to find someone to give you a flu shot, don’t you think that person giving you the shot has risked exposure to someone who was infected?  Think about that before you let someone stick a needle in your arm.

My trusted friend, who has appeared twice on my radio show, who has a Master’s Degree in Holistic Nutrition, highly recommends a powerful antioxidant called Allimax.  It contains allicin.  You can get a 50% discount on all Allimax products by going to their website at allimax.us

If you order, type in the word FIFTY under the Promo Code space to get your discount.  I ordered this stuff myself and I don’t make any money by recommending it.  It’s an option … check it out.

The City of Tampa (Florida) has ordered residents in the city to stay home and not to leave unless it’s absolutely necessary.   This would appear to be common in most major “mission critical” areas, areas where there is a large population center (South Florida … Miami-Dade, Broward, Palm Beach Counties), Fort Myers, Orlando, Jacksonville.  If you live in or near a large city, chances are there are more vectors within that population.  The more you travel out and about in these areas, the more likely you are to contract the virus. The City of San Antonio has already implemented lockdown orders to try to limit the spread of the coronavirus, at least through April 9th.  

If you want the latest information on your State, you can visit cdc.gov for more information. 

The construction business in Florida is plagued with laborers, many of who are unreliable.  They run when hurricanes (and anything like this) happen and most never return, so it is imperative we keep them busy because Florida has a housing shortage, especially for affordable homes.  I am doing my part to correct that as a consultant and developer, even though I have my hands in the foreclosure mess from time to time … and it’s not over. 

As to foreclosures … 

Despite the fact the court systems are closed, the media is still operating.  That means that non-judicial foreclosures can still be conducted on the courthouse steps by a lone substitute trustee, even if no one shows up.  The original “claimant” may buy your property through a credit bid, whether they’re entitled to or not. Filing lawsuits in non-judicial settings will fall on deaf ears now because the courts are closed.  Direct negotiating with the lender to “hold off” in the wake of quarantine may be the only resolution (if a mandatory quarantine has been imposed). 

In judicial states however, the courts are operating on a limited basis or most likely not at all, which means that foreclosures in those areas, which has to be done through a formal court filing, can be done electronically. However, it is highly unlikely that any judge will review any of the motions until the courts have reconvened.  Use your time wisely during this period and look for ways to implement a Plan B.  This lockdown may have bought you an extra 2 weeks where you are, but it doesn’t necessarily mean you’re going to have a “more positive outcome” by ignoring your financial predicament and wait to see what happens once this lockdown has been lifted.  All good things happen to you if you use your head, reason out the issues and come to a conclusion wherein you can draw up a Plan B that you can actually and logically implement.

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U.S. SUPREME COURT NARROWLY OPENS ANOTHER DOOR TO PUNISH FALSE EVIDENCE!

(BREAKING NEWS – OP-ED) — The author of this post is a paralegal and consultant to trial attorneys on foreclosure matters; deals in cancellation and expungement actions and chain of title issues and thus, the material discussed here, while appearing to be a “breath of fresh air” for homeowners fighting foreclosures, is still an opinion NOT to be considered legal, nor should it be construed to guarantee any type of legal outcome or advice.

On June 20, 2019, the United States Supreme Court opined (through Justice Sotomayor) in McDonough v. Smith (see the ruling here: McDonough v. Smith) that the 3-year statute of limitations for bringing a civil rights claim under 42 U.S.C. § 1983 does not begin to run until the case against McDonough was terminated.  All of the legal pundits have thus jumped into the argument, declaring that this ruling could also apply to foreclosure cases, while others say the ruling only applies to law enforcement officials acting under color of law.

The case surrounds an attack by McDonough (a New York county elections commissioner) against prosecutor Youel Smith for allegedly fabricating evidence (testimony) used to indict him before a grand jury.  The trial ended in a mistrial. Smith then allegedly elicited fabricated testimony again in a second trial, which ended in December of 2012, with McDonough being acquitted of all charges (of forging absentee ballots in a Troy, NY election).

Again, the Supreme Court (as it did in Obduskey) narrowly ruled on the matter.  In this case, it was the statute of limitations for bring a civil rights claim for deprivation of rights, ONCE THE CASE HAS CONCLUDED.  In short, this post’s author deems it necessary to posit that the intention of the Supremes was to indicate that one cannot bring an action (involving a foreclosure matter) until the case has reached Final Judgment.  Then, and only then, can the matter go “federal”.

In this case, McDonough was deprived of his liberty, because he was falsely arrested and detained; thus, depriving him of his liberty (because he was charged using false testimony, which he later discovered).  Thus, when acquitted, he brought the civil rights claim against the prosecutor.   This is where some in the legal community say that a deprivation of rights brought under “color of law” only applies to “law enforcement”.

However, was the prosecutor also an “officer of the court”?  For that matter, aren’t all attorneys licensed by their respective state bar associations “officers of the court”?   Courts address matters at law and in equity.  “In equity” clearly points a finger at foreclosures and that slippery slope we call, “phony assignments”, fabricated for use in getting a positive outcome for the bank’s servicer bringing the foreclosure action.

It’s bad enough that this case exposed wrongdoing by the prosecutor, but to say this doesn’t apply to fraudulent documents placed within the land records of all 3,141 boroughs, counties and political subdivisions across America is at best, only slightly diminished based on the violation of criminal statutes.   In this instance, the validity of the claims against McDonough, even though he was acquitted, are still claims.  There is no doubt that the false testimony was later discovered and applied to the case, resulting in a mistrial.  On the second go-round, these same factors resulted in an acquittal.

In this case, McDonough alleged Smith falsified affidavits, coached witnesses to lie and orchestrated a suspect DNA analysis to link him (McDonough) to relevant ballot envelopes.  Now … apply that to foreclosure mill lawyers, who are also “officers of the court” in relying on suspect assignments that could be shown to contain false and misrepresentative information, in order to wrongfully obtain a final judgment of foreclosure (in a mortgage state); or in deed of trust states, to claim their Trustee’s Deed was valid and forthright … obtained without blemish.

The question in this case is WHEN the statute of limitations began to run.

The case mentions nothing about applying civil rights claims to foreclosure actions.

You can be sure that the bank’s attorneys will bring this up if you attempt a 42 U.S.C. § 1983 (or § 1985) claim against the attorney, an officer of the court, for allegedly bringing forward (relying on) evidence later shown to be false and misrepresentative.  Further, the attorney for the bank/servicer brings forward (through his/her own mouth) continued disparaging remarks about the “deadbeat homeowner”, to elicit an emotional response from the judge, who then pronounces judgment in the bank’s favor, because, well, we can’t let phony documents stop “the system of things” from screwing homeowners out of their properties now, can we?

Prosecution of a foreclosure is an in rem action that sounds in equity, while the introduction of fabricated evidence (the phony assignments and affidavits produced in tandem with the foreclosure complaints) smack of “common-law malicious prosecution”, defined in this case, as deprivations of a “Constitutional right”, caused by the prosecutor’s malfeasance (of office) in fabricating evidence.   When applying this to foreclosures, is an “officer of the court”, appearing on behalf of any entity, political or otherwise, still an “officer of the court”, bound by the same code of ethics as criminal prosecutors?

This case was a criminal proceeding, not a civil matter … but …

Another argument for the legal pundits to say this case only applies to “law enforcement”; however, on the back end of the ruling, the following statement appears:

“The better course would be to dismiss this case as improvidently granted and await a case in which the threshold question of the basis of a “fabrication-of- evidence” claim is cleanly presented. Moreover, even if the Second Circuit were correct that McDonough asserts a violation of the Due Process Clause, it would be preferable for the Court to determine the claim’s elements before deciding its statute of limitations.”

The foregoing statement came from the dissenting opinion of Justices Thomas, Kagan and Grouch.  If we were to apply that standard, and deep-dive into the elements of the cause of action itself, then we would have to squarely apply the law (42. U.S.C. § 1983) as it was written:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

The foregoing federal law specifically says, any “person”.  Does that single out “law enforcement”?  Or does it mean, a foreclosure mill attorney too?
Notice how the word “citizen” in line 2 of this statute is in lower case.  Now, now … you Sovereigns that think that everything that starts with a Capital “C” means you and anything that doesn’t, does not apply to you … this statute applies to everyone.  That’s what our Founding Fathers and Congress intended for it to mean … ANYONE living within the jurisdiction where the crime was committed that was used to deprive (steal) their property.  If you’re going to maintain that Sovereign crap, you’re going to lose anyway.  Federal judges can apply state law too.  And they do.
Now … let’s examine the C&E as it applies here (and to those pesky assignments). 
If you do your homework in applying the foregoing statute, it clearly says you have “redress”, except when the action is brought against a “judicial officer” acting in their “judicial capacity”.  That could mean a foreclosure mill lawyer or a judge presiding over a foreclosure court.  BUT … and I mean to be clear here … it only applies if you brought an action for declaratory relief and the judge, knowing full well there was an issue with the document you allege is phony, and told you to piss off!   Then, it would appear that a “declaratory decree” (as described in the foregoing statute) “was violated”, NOT that it wasn’t available.  The C&E is rooted in (inter alia) a declaratory relief action.
This is why folks who recognize the viability of the C&E are buying up our DVD training kit and learning what’s involved in a C&E!  Understand that bringing this action, whether in an original petition or as a compulsory counterclaim (which in certain instances involving a foreclosure in the judicial realm becomes radically necessary), involves the issuance by a judge of a “declaratory decree”.  The right to bring a declaratory judgment action is available in state court.  If a judge is so inclined as to tell you that you can’t bring this action, when in fact it was available, does not appear to discount the applicability of this statute, to sue the judge for telling you to piss off.
The federal court would have to determine that: (a.) you are a citizen as described in the statute; (b.) this is a suit in equity and at law (if a tort was in play); (c.) a final judgment was issued against you that (d.) relied on a false document; and (e.) you brought a claim for declaratory relief and were told to piss off or that that kind of relief wasn’t available when in fact, it really was … THEN … AFTER THE FACT (that’s when the “damage” was done) … you have a right to bring the action in federal court.
The U.S. Supremes may have opened a narrow door for you (3-year statute of limitations) to reverse what happened; however, can you imagine the costs involved?   Given the heightened pleading standards invoked by the rulings in Iqbal and Twombly, you can’t just amble into court with lame-ass pleadings and expect to get anywhere.  You have to bring your action with “all your ammo” on the table.  You need hard proof.  Declaratory rulings can be utilized in federal court as well.  Even though federal law makes it “discretionary”, if you were to couple that cause of action with a claim for tortious “slander of title” (under state statute) and 42 USC § 1983, then you might have something plausible to go on.
A 42 USC § 1985 claim only applies to conspiracies involving multiple actors and would be harder to prove, unless you were suing the law firm, the robosigner and the notary who acknowledged the document.  The effort would be more expensive because you have more parties to serve and more pleadings and answers that have to be drafted and served.
The matter of “injunctive relief” may be hard to fathom in unwinding a foreclosure where the title to the property was transferred and sold to a third-party buyer.  Hence, you may only end up with “damages” as the result of the improper taking based on fraudulent documents.  Again, just walking into court and telling the judge the assignment is fraudulent doesn’t prove anything.  You have to do your due diligence and build a case.  You have to target the right individuals in order to procedurally succeed in the matter.

The C&E (cancellation and expungement) action is a game-changer (like this case), if properly utilized.  This is why attorney Al West and I put the training kit together.   You can view that kit on the Clouded Titles website shop and get one for your very own.  Heck … go ahead and share it with your attorney.  Everyone needs to know what we know.   We actually give you proof that it works!

And no … my response to this ruling is not an opportunity to push my training kit … however, 42 USC 1983 does in fact talk about declaratory relief issues, which is what C&E’s are couched in.  Something has to matter.  Otherwise, why fight at all?

 

 

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