Tag Archives: LSF9

LSF9 GETS CHUCKED ON PROCEDURE … PLUS BONUS CASES AND EVICTION NEWS!

(BREAKING NEWS, OP-ED) — The author posts two new cases this month worthy of your attention, as most homeowners contemplating foreclosure defense should understand that perseverance and attentiveness can win out.  None of the information discussed here should be considered legal advice nor guarantee any legal outcome.  It is for your educational benefit, given that the foreclosure and eviction moratoriums are being lifted across the country soon.

JUNK LOAN POOL AND ITS TRUSTEE GET TOSSED IN MAINE CASE

Due to multiple errors in civil procedure, the Maine Supreme Judicial Court has affirmed the judgment of the lower courts that LSF9 Master Participation Trust, the infamous junk pool run by the minions at Caliber Home Loans, acting under the orders of U.S. Bank who claims to be the loan pool’s “trustee”, had no standing to proceed against a Maine homeowner (James D. Keefe) in a foreclosure action.  Because this junk debt pool (of allegedly defaulted loans) generally misrepresents the fact they’re a true REMIC, the author refers to them as the LSF9 Masturbatory Participation Trust.

READ THE CASE HERE: US Bank Trust NA v Keefe, 2020 ME 104 (Aug 13, 2020)

The first apparent mistake U.S. Bank’s attorneys made (if you can believe U.S. Bank actually retained the attorneys in the first place … probably NOT) is relying on an erroneous fee figure published in the Maine Judicial Branch materials, remitted an insufficient filing fee with its notice of appeal in trying to reverse the lower court’s judgment in favor of Keefe.   Because the court Clerk refused to accept the filing, procedurally, when the attorneys figured out they’d screwed up, they failed to file a motion to the trial court seeking an extension of time to file the appeal and thus, their filing was outside the 21-day window for filing the appeal.

This is a key reason WHY it’s so important to focus on what just what you’re doing, but what the other side ISN’T DOING.  If you’re going to win a case, you have to pay attention to the bigger picture, which operates much like a chess game.  Plan on the other side’s arrogance in attempting to ballyhoo the court with bullshit and file documents out of time, thinking it can get away with a simple apology while asking the court’s indulgence to let the foreclosure appeal proceed.  You can bet if it was on you to adhere to the filing deadlines, your opponent would hold you to it. Turnabout is fair play.  This 6-page case talks all about the rules of appellate procedure, which you have to study (in your case) and be prepared to act on, just as you would if the foreclosure filing in the lower court was insufficient.

Lesson learned …

Examine what the other side has done in filing a foreclosure action against you, starting with the chain of title and moving forward through the rules of civil procedure, which includes how much of a fee was paid to file.  Also look to see if the document (deed of trust or mortgage) they’re trying to enforce was legitimately recorded (meaning all of the required transfer and intangibles taxes were paid at the time of recording), because THAT ANGLE has also been tried in the courts successfully (in failing to pay the required taxes, rendering the document void because the taxes were somehow NOT paid at the time of recording).

BONUS CASE #1:

The debacle over student loans continues to play out in the courts with this latest precedential ruling out of the U.S. Third Circuit Court of Appeals:

READ THE CASE HERE: In re Natl Collegiate Student Loan Trusts, 3rd App Cir No 18-3327 (Aug 19, 2020)

As the Court explains in a “Reader’s Digest” view, it becomes easy to understand HOW student loans are securitized.  What?  You didn’t know that student loans are securitized?  Geez.  I thought you did.  For those in the know, so are car loans, credit cards … everything but the weather can be securitized as long as investors are willing to take a gamble.   Before you get too excited, read the last paragraph (on Page 6) before you get to the Factual Background.  Notice the court made reference to “self-dealing”?   This is probably the BEST CASE (in the author’s humble non-lawyer opinion) to cut your teeth on how student loans are securitized and how to spot the flaws in the debt collection processes.

BONUS CASE #2: 

And just when you thought that U. S. District Court judges deemed themselves infallible (again) by ruling against Plaintiffs in FDCPA cases … think again.  This case is all about “DEFINITIONS” in contract law:

READ THE CASE HERE: Calogero et al v Shows, Cali & Walsh et al, 5th App Cir No 19-30558 (Aug 17, 2020)

This case further demonstrates the bias in the lower federal district courts and why appeals are necessary.  For those trying to cut their teeth on HOW the Fair Debt Collection Practices Act operates, look at the definitions within the statute itself and understand that ALL definitions apply, including what defines a “transaction”, a “contract”, an “obligation” … and a “debt”. You’ll find most of the “red meat” in the “Discussion” section.  And weirdly, this case revolves around a scenario arising out of Hurricanes Katrina and Rita in 2005!  While upfront, the case looks like it favors the Plaintiff, look more at the Definitions as a learning curve.

AND IN OTHER NEWS … 

The eviction moratorium has ended in California, post-lawsuit! 

READ THE STORY HERE: (hat tip to “Epoch Times”)

Sadly, many tenants are now going to be facing “UD” (unlawful detainer) actions.  No more free rent.  No more “entitled living”.  But, but, but …

This means the courts are going to be jammed with thousands of cases and judges are going to be quickly moving things along to clear their dockets.  This is a dangerous issue especially if everything operates virtually over Zoom or some other device that makes it difficult to get a word in edgewise.  If it’s a foreclosure issue, you have to be especially careful of the documents that were recorded in the land records and how you posture your response to the pleadings.  In California, you can attempt to demur the Plaintiff’s pleadings if you can show there’s no basis in fact for the eviction, based on evidence you’ve uncovered with suspect public record documents. The Courts may ignore you too.  This of course will probably only apply to roughly 3% of those who care to do their research.  Like the foreclosure crisis of 2008, the other 97% will just cut and run like they did when the foreclosures began.  It is unknown HOW MANY detainer actions are going to clog the Courts in California yet.

Let the games begin.

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WHEN JUDGES LISTEN … AND WHEN THEY DON’T!

(OP-ED) — The author of this post begs your consideration of the following foreclosure-related news item from the SE Texas Record (a journal published to highlight cases where the banks win and the homeowners lose, among other things) … for educational purposes only …

Notice the above Defendants?  

It should be well-decided among the legal community that suing MERS is fruitless, but people still listen to these half-baled arguments that MERS knew or should have known that its so-called “members” (which really are user-subscribers to the MERS® System) freely use MERS’s name (an acronym for Mortgage Electronic Registration Systems, Inc.) to assign notes and mortgages to anyone the servicers’ employees are told to assign them to, regardless of whether MERS really has any authority to do so.  Yet some attorneys are still smoking “legal crack” and are still naming MERS as a Defendant.

When will the legal community wake up to this grievous error?   MERS is a database run by Wall Street’s Intercontinental Exchange Inc. and NOT an entity with money or answers to anything.  An electronic database (nor its officers, of a shell corporation) are willing and able to give any plaintiff any discovery.  The real issue here is what the chain of title would have revealed if carefully analyzed.

Read the appellate ruling from the 1st Division of the Texas Court of Appeals if you like, for educational purposes only about how to get cases removed to federal court, where the federal judges (who are appointed for life) bend you over, screw you with no lube and hand you back to the state court after you beg for mercy.

Hernandez v MERS et al, 1st App Ct Tex No 01-18-00468-CV (Oct 22, 2019)

While not attempting to be so graphic, can you imagine the money these folks spent trying to stay in their home, to no avail?

Notice two of the Defendants … LSF8 Master Participation Trust and Caliber Home Loans, Inc.?  These two are married in a third-world debt collection scheme to screw homeowners.  LSF8 is no more of a trust than the LSF9 that this blog posted recently lost in a court battle in West Palm Beach, Florida at roughly the same time and space in the foreclosure world.  This is why I call it the “LSF8 (or 9) Masterbatory Participation Trust” because these jerk-offs do nothing more than spin third-party debt sell-offs into a package they claim is a “trust” but is nothing more than junk, defaulted mortgage loan pools and then call them “equitable instruments” and using their phony documents (where they incorporate MERS into the equation) to steal people’s homes.  U.S. Bank didn’t suffer any harm here because U.S. Bank as Trustee didn’t really pull the trigger.  Caliber Home Loans did.  I’ll bet if you looked at these folks’ assignments, Caliber Home Loan employees were using MERS to convey these toxic assets into these debt pools for the purposes of foreclosure … and they do it within the time frame that homeowners could challenge them anywhere.  In Texas, the state’s Civil Practice and Remedies Code (§ 16.033) allows you to challenge a recording that is less than two years old … and I can tell you … Caliber is stupid enough to file stuff within that challenge timeframe because it wants to steal your home, by any means possible. They’re greedy, remember?

MERS, Robosigners and Perjury

Sadly, these attorneys don’t realize that anyone signing as an “Officer” of MERS has to have a $5,000,000 fidelity bond and an errors and omissions policy covering their signing activities.  That requirement is mandated under MERS Rules of Membership for all robosigners.   So why aren’t these robosigners being sued in a Cancellation and Expungement action and made to produce these documents to prove they’re a legitimate, bona fide, MERS “Certifying Officer”??? (which is a joke in of itself) because these people have no idea what they’re signing at any given moment.

In my world, we don’t sue assignees and we don’t sue MERS.  We sue the robosigner and the notary (if the notary doesn’t have a bond) on the assignments, because the devil is in the details within the assignments, NOT THE NOTES!  When you start arguing NOTES, you lose because judges won’t listen.  Judges don’t care about assignments in foreclosure courts either.  If the party bringing the foreclosure has the note (somewhere in their possession), that’s good enough for the judge. How they got the note doesn’t matter to the judge either.  The judge just wants the case off their docket and YOU are nothing more than a statistic to them.  They can go home and sleep at night, knowing they put you out on the street, because they were simply doing their jobs.

In any scenario (and I don’t care what foreclosure defense attorneys have to say about it), MERS should never be a defendant. The parties who sign the assignment have a different story to tell (other than the stories MERS vomits in court).  These people are minimum wage employees (generally) that randomly sign hundreds of documents a day into these junk debt pools, because they can’t be foreclosed on and sold any other way.  The chains of title are so screwed up that it would take an Einstein to figure out how to quiet them in a quiet title action.  Sadly, they sell these junk debts to investors who buy them (like Fannie and Freddie’s crap) who attempt to peddle them or turn them into the nation’s rental pool.

Most people don’t recognize that if you hold the robosigner’s feet to the fire, you might find out that:

  1. The law firm doing the foreclosure had something to do with the manufacture of the assignment (subornation of perjury);
  2. The person signing the document as an officer of MERS didn’t have the required fidelity bond and E&O policy (lack of authority, perjury);
  3. The notary who acknowledged the document was part of the bigger picture in the scheme (notary fraud, false swearing); and
  4. The attorney bringing the case to court knew or should have known about the chicanery behind the scenes (especially if the law firm had the document returned to them after the dastardly deed was done).

All 50 states have laws against perjury on the land records … and they are all felonies.  Some states have stronger laws that recommend that these false documents be turned over to prosecutors to have these robosigners “dealt with”.  Yeah, right.  This is America.  No politician (dressed in district attorney or state’s attorney’s clothing) will risk their asses prosecuting someone connected to the scheme of things because they might find out the real truth … this stuff occurs on a grand scale all across America!

My take on this is doing a cancellation and expungement action on the phony document BEFORE the case gets to foreclosure. Ah, but wait!  We all sit idly by and don’t bother checking the land records for clues, do we?  Part of America’s complacency, I guess.

This is the sad state of America.  This is why you should NOT deal with banks and other financial institutions who sell their paper into the MERS® System.  Portfolio loans, owner finance on a clear title or nothing. Your choices are few.  Make good choices.

Coming to the Clouded Titles website in February … ONLINE CHAIN OF TITLE ASSESSMENT CLASSES … stay tuned!

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LSF9 GETS A BEAT DOWN IN PALM BEACH COUNTY COURT!

(BREAKING NEWS – OP-ED)The author of this post posits the following information for educational purposes only and the opinions expressed herein are that of his own and should not be construed as legal advice.

Hats off to Patrick Guinta, a foreclosure defense attorney in Pompano Beach, Florida, who handled a solid case for a personal representative of a decedent in defeating a sham trust in Circuit Court in Palm Beach County, Florida.

If you look at the court docket for this case, there were 5 pages on the Palm Beach County Clerk of Court’s website to sift through, wherein I obtained (albeit non-certified copies) legible documents, all reflecting back to the chain of title and a judge that was willing to listen to reason.  Many judges in Florida, especially the senior judges, think that if they rule against the REMICs (Real Estate Mortgage Investment Conduits) in foreclosure cases, that their pensions, of which many are vested in these securitized portfolios, will be adversely affected.  Part of that reasoning is flawed because:

  1. The REMICs never got the note and mortgage in the first place;
  2. If the REMIC did get the note and mortgage, it’s because the Master Servicer made it happen without the REMIC’s actual knowledge;
  3. Caliber Home Loans, who claims to be the servicer, wouldn’t know the truth if it bit ’em in the ass;
  4. Fortunately, Mr. Guinta managed to get an affidavit from private investigator Bill Paatalo (see here): Affidavit of Bill Paatalo
  5. Fortunately, the judge in this case decided to scrutinize the documents more fully (which many judges in Florida could care less) and issued a Final Judgment for the defendant (see here): Final Judgment for Defendant
  6. According to Bill Paatalo, the witness for Caliber Home Loans, the alleged servicer, “fought us for over a year on our motion to compel the trust agreement and to un-redact their version of the MLPSA. At trial, they inadvertently (I believe) allowed the un-redacted MLPSA (which they were ordered to produce under strict confidentiality) to be admitted into the record. They blew their confidentiality. The Caliber witness stormed out knowing he’ll never testify again. FYI – Serge Alexis. Alexis didn’t know anything about the MLPSA they themselves proffered, but oh boy did I go off on it to the judge and she was listening to every word. Their attorney from Albertelli was a deer in the friggin headlights!”

You see, anything Caliber Home Loans “touches” can’t be trusted.  Like MTGLQ Investors, LP, neither alleged loan claimant can actually prove how they got the note and they often use third-party document mills to do their dirty work (like Nationwide Title Clearing or Meridian Asset Services, both out of Pinellas County, Florida) to create assignments of mortgages and deeds of trust that are full of false misrepresentations.  Any attacks outside of the actual trial itself are met with Motions to Dismiss.  These people just want your house and they don’t care HOW they get it!

They’ll lie to a judge to get it!

This also goes to show that if you get a judge who will actually listen to testimony and stop being so anti-homeowner (e.g., “Well, if the bank shows up, they must own the note, so therefore, they’re entitled to foreclose!”).  This kind of reasoning is flawed because there is no basis in fact. It’s purely the judge’s own emotionally-biased opinion.  Like Al West, who will be lecturing on securitization and the games the bank’s play in the upcoming “Beyond Foreclosure” workshop in Orlando, Florida (along with this author and others), he always hears this same diatribe from judges in California: “Well, Mr. West, your arguments are sound, but we just cannot hurt the banks.”

If I had a picture of Al’s “size 9 asshole” (where many a judge has put his foot into, figuratively) I would show it to you as proof!

And what happens when your attorney doesn’t do their job (as Mr. Guinta has done here, successfully)?  What recourse do you have?

We’re going to discuss that at the upcoming workshop as well.  It’s called legal malpractice.  It happens a lot, especially when you hook up with lawyers that just see you as a monthly annuity and nothing more.  People retain these attorneys without ever vetting their work. At least I bothered to post the Final Judgment in this blog, so you can plainly see that some attorneys actually do “do their job” and do it well.

One of the folks who I worked with (on their case) for a number of years just got their attorney suspended for a year (with other sanctions). They will explain how they did it at the workshop.  Their attorney took $6,000 from them, agreed to do 2 depositions (of a robosigner and a notary) involving a bogus assignment of deed of trust (and note) and then pocketed the money and failed to do the depositions.  Not only that, the attorney failed to communicate with his clients until AFTER he made his court appearances … which cost them a loss in federal court, based on phony documents.  In this case, the judge obviously took the chain of title seriously, more than most judges would, especially in most Florida foreclosure courts.

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