Tag Archives: Lynn Szymoniak

GUTTING THE UNDERBELLY OF THE BEAST – PART 10

(OP-ED, first posted: September 28, 2018) —

The writer of this rather lengthy and final post in this particular series is a paralegal, researcher and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help, which you are responsible for vetting.  I am not an attorney referral service either. 

HOW TO BANKRUPT ANY COUNTY IN AMERICA IN TEN EASY STEPS

Oh, you seriously thought I was going to go there?   I just did that to freak anyone out on the “other side” that was waiting for me to say such a thing so they could hold it against me in some way.  My Jewish attorney friend used to talk loudly in his leased office space because the walls were paper thin and he knew the trucking company on the other side of the wall could hear him, so he’d make statements about putting that trucking company out of business, just out of spite.  That attorney is (to this day) still one of my good friends in the legal community.  And he knows what personal injury is (especially after getting a large settlement out of a major soft drink manufacturer).  I would say that the entire summation of this 10-part series is not “pissing in the wind”.

I have a large network of attorneys across the country that are bracing for the upcoming storm.  I will not tell you their names because they are behind the scenes getting ready to do their part to make “the system of things” manifest itself.

As one Expert Witness attorney put it to his clients (paraphrased in the simplest terms):

“My testimony will be considered evidence of the statutory violations that were created by the assignments (of mortgage, deed of trust).  If the homeowner’s attorney ties the statutory elements together with the facts my testimony provides, then the Plaintiff (lender, servicer, etc.)’s attorney will be acting as an accessory to the Plaintiff client’s crime.  Not only will the acts be considered criminal statutory violations, they will also be considered ethics code violations.  All of the above is calculated with the hope that it terminates the litigation in the homeowner’s favor.”

FIRST AND FOREMOST EVIDENCE: THE PUBLIC RECORD    

While the OSCEOLA COUNTY FORENSIC EXAMINATION was only a report issued to the Clerk of that particular Circuit Court, it was one of only a few reports that were ever generated at the behest of a Clerk, Register, Recorder, etc. in the entire country (out of over 3,000 counties). It is sad when only a handful of studies were done and what happened following the release of those reports only scratched the surface of “the system of things”:

Southern Essex District, Massachusetts (2011) — Following the release of that report, a pro bono effort by Marie McDonnell, Register of Deeds John O’Brien’s office got a bunch of media attention, which subsequently brought visits by local bank counsel, threatening to sue the county.  Nothing ever came of it (perhaps due to Mr. O’Brien’s response to the attorneys, “Good! Bring it! We get discovery!”), but to this day, all potentially robosigned documents are rejected from recording in that office.

Guilford County, North Carolina (2011) — Attorney Lynn Szymoniak assisted Register of Deeds Jeff Thigpen bring a spreadsheet forward of known DOCX robosigners, which sparked public awareness in that county.  Sadly, the entire examination was overshadowed by the FBI’s investigation of DOCX and eventual prosecution of Lorraine M. Brown, its president.  Thigpen retained a law firm to file suit against Mortgage Electronic Registration Systems, Inc. and its parent, MERSCORP; however, the case went nowhere because the court determined that the Register of Deeds did not have a private right of action.

San Francisco, California (2012) — Assessor-Recorder Phil Ting, acting on behalf of the City and County of San Francisco, retained Aequitas Compliance Solutions, Inc. to conduct a study of his land records, which revealed a plethora of suspect activity regarding the recording of assignments, followed by suspicious pre-foreclosure recording activity.  In a scant 21-page Report, the results infuriated Ting to the point of frustration.  After a media blitz and a lot of YouTube activity, Mr. Ting decided his land records were garbage and decided not to seek re-election. While the report was California-specific, it did make reference to a report issued by two attorneys from the Florida AG’s Economic Crimes Division, which later resulted in those two attorneys, Teresa Edwards and June Clarkson, being forced out of their positions.

Williamson County, Texas (2013) — County Clerk Nancy Rister commissioned a study of robosigned documents culled from hundreds of files in the recorded database of the public records in that county, to find hundreds of suspect issues contained within assignments and powers of attorney that were drafted and recorded by law firms that conducted foreclosures of residents there.  The 179-page report, done by DK Consultants LLC, caused a raft of media attention, followed by a nearly full page rebuttal by the then-CEO of MESCORP Holdings, Inc. Bill Beckmann, claiming MERS did nothing wrong, even though MERS was at the center of attention in the audit.  Several attorneys named in the report visited the Clerk’s office and made threatening comments to her staff but nothing ever came of it.  Williamson County joined in a suit with Travis and Nueces County in Texas against both MERS entities which went nowhere.  Sadly, the attorneys bringing the suit claimed MERS was responsible for the recordings, which the federal judge deemed was not.

Osceola County, Florida (2014) — If anything came from this Report, it was a media firestorm, apparently baited by the Osceola County Sheriff’s Department, spoon-fed to all of the Clerk (Hon. Armando Ramirez)’s political enemies, who made use of the information to smear the Clerk in the media.  Despite the efforts to make everyone involved “front page news”, the Clerk was re-elected to his position.  The FBI refused to investigate the contents of the Report, which was not an indictment, after talking to the Osceola County Sheriff’s detectives handling their end of the investigation into the Report’s contents, stating in a one-page release that they could find no victims. The State’s Attorney who was first presented with the Report, declined to investigate any of it and subsequently was not re-elected following a scandal involving Ashley Madison’s website. The Osceola County Sheriff did not seek re-election either.

Seattle, Washington (2015) — McDonnell Property Analytics was tasked with conducting a review of mortgage documents and assignments in a post-Bain decision by the Washington State Supreme Court.  Page 29 of that Report clearly stated that numerous MERS assignments contained “false statements, misrepresentations, and omissions of material fact”, noting the violative statutes, which we would sincerely entertain in taking out adversarial opponents in future skirmishes in the Pacific Northwest.  After much media attention and public outcry to the Seattle City Commission, the heat died down and things appear headed back to the status quo.  Sadly, until the bankers are imprisoned, they continue to own Washington State. (… and you know I’m not lying here!)

All of these “protectors of the public record will go down in the annals of American history” as having made a dent in “the system of things” as exposed, with no finality. I believe that “the system of things” was not approached in the right way.  The parties involved (the Clerks, etc.) in some instances, were told they didn’t have a private right of action.  So what was missing?

THE LACKING COMPONENT: STATUTORY APPLICATIONS OF VIOLATIONS

What was contained in the assignments discovered in each of the foregoing reports was “evidence” that had to be discovered and never was.  Any homeowner in America can run into court and waive their assignment around in the judge’s face and call it a fraudulent document and the judge will simply ignore them because nothing in the document was proven false or misrepresentative to the point of opening up “Pandora’s Box”.  As long as homeowners are willing to play the “delay game”, just to keep things on the level for their comfort zones, nothing will happen.  Eventually, they’ll be out of their home at the hands of a corrupt system.  If they behave like Martin Wirth, they’ll end up dead at the hands of a corrupt system.  You see, “the system of things” “circles the wagons” when it’s attacked.  Just like Custer at the Little Big Horn (and we know what happened to him).

However, the missing components here (referring to the expert witness’s foregoing statements) are not deemed to be “third-party beneficiary” intimations, which all courts to date have placed credence in so homeowner’s “don’t get a free house”.  We’re not even going there.  We are talking about statutory violations of law here, which result in ethical violations by the bank’s attorneys.  If the statutory law exposes the fraud in the public record and it is brought forward into a court proceeding, the bank’s attorney has the option to recant all of his pleadings and oral statements made to the court, because all of those statements make him an accessory to the statutory violations.  Once the bank’s attorney has stepped into the realm of statutory violations (through felony perjury applications, fraud on the court, etc.), that attorney is now subject to disciplinary action by the state’s bar, which is exactly where the ethical violations are going to be lodged, thanks to those bar mandates previously discussed on these posts.  Every state has some sort of statutory application to prosecute false and misrepresentative statements in the public record, it’s just that it’s never been postured in such a way to make it part of the court record.

THE LACKING COMPONENT: ETHICAL VIOLATIONS

Once a record has been created of all of the evidence and testimony in court, the expert witness attorney files a formal complaint to that state’s bar against the bank’s lawyer, alleging ethical violations, which now affects the errors and omissions insurance policy.  The bank’s lawyer is now tempted to file a claim to get his attorney’s fees paid for in the bar disciplinary committee hearing(s); however, if the E & O carrier should become aware of what the attorney is involved in, it would certainly become “risk averse” and deny paying for any of his legal representation, which means it has to come out of his own pocket, which could get really expensive.  At a minimum, he risks suspension.  At most, he risks disbarment.  How is he going to pay off all of his student loans then?   It’s a benefit to the homeowner, because any subsequent law firm will be aware of the case and will run from it, unless it wants to wind up playing out the same scenario as “the system of things” unfolds on them too.

THE LACKING COMPONENT: JUDICIAL SYSTEM CHALLENGES

The judge hearing the foreclosure case should “do the right thing” and hold an evidentiary hearing (see Part 7, the M & T Bank v. Smith case).  Any evidentiary hearing, properly conducted, based on all of the evidence, would preclude any action against the judge and force a settlement.  While this would be an obvious savings to the homeowner, most judges ignore the claims of misrepresentation because they have agendas.  It is these “agendas” that, if not applied, would force an onslaught of suits in that state, tying up the foreclosures dockets for years, because all homeowners would have to do is claim they’ve been wronged and ask for a free house.  We know that is not going to happen; however, “the system of things” will do more good if it is correctly applied in getting that “judge with an agenda” removed from the bench because he (or she) is complicit in a fraud and allowed it to happen, bringing exposed risk against the county and its treasury.

Besides going after the judge’s bond, we see filings to the judicial review panel, which will have the entire record given to the state bar against the lawyer in that proceeding. Without a bond, the judge cannot sit on the bench.  End of career.  End of legacy.  Maybe, even end of pension.   If it’s a senior judge that’s been pulled out because he already has a pension and a nice nest egg, personal judgments against him as the result of a proper proceeding may haunt him for the rest of his life, with not only a personal “stain” on his legacy, but any serious criminal applications here could pierce the sovereign immunity and put him squarely into a criminal proceeding, where he’d face prison time. Imagine the supreme court of any state being tied up in felony allegations?   Think West Virginia!   It can happen and you’ll see it happening when “the system of things” is fully unveiled.   You see, judges are not exempt from prison and an eventual stained legacy, despite what they think of themselves and their so-called “immunity”.

Pompous shits!  And we trusted them to do the right thing.

And let’s not forget the county who employs the judge.  They have a treasury.  Most of them are self-insured and have to answer to voters, who would be pissed at them if the treasury was drained due to multiple damage settlements. This is why state tort claims actions were developed.  Now, imagine a 1,000 people, all affected by the same law firm, all having similarly-situated false and misrepresentative assignments, all coming after the same entities (at once) who got them kicked to the curb by the same county judges.  It really only takes one judge to be removed from the bench under the shadow of felony behavior to send a message to everyone else in “the system of things” that we know how to play the game “for real” now.

If the state bar does nothing to bring a resolution to the attorney’s ethical violations, then the insurance companies will, indirectly.  No insurance carrier is going to insure an attorney with a bad record of being an accessory to a crime.  End of paycheck.  Defaulted student loans.  End of credibility (e.g., David J. Stern).   No one has gone after all his money … yet. Any law firm relying on his assignments?  Watch out!  Your time is coming.

And let’s not forget how the law firm is going to suffer at the hands of this behavior.  No E & O insurance carrier will write professional liability on a stained past history of illicit behaviors.  End of law firm.  Oh sure, they can try and just throw another firm together and keep doing the same thing until they end up disbarred like Stern; however, the bad behavior follows the principals too … and any law firm subsequently taking the case in chief.

And let’s not forget the mortgage loan servicers, third-party debt collectors and document mills creating these phony assignments, or in the alternative, relying on them.  They answer to either the departments of banking and finance or the department of insurance.  The states have risk pools (of money). Imagine tapping into that pile of cash!

There are bonds and professional liability insurance policies in force that cover the behaviors of the foregoing entities.  When they step into this fray however, “the system of things” may end up coming after the individuals and the supervisors that gave them the platform to create these phony assignments and put them all in prison.  How many “Linda Greens” would you imagine would end up there … or should?   As with what didn’t happen in Osceola County, “the system of things” would be more persuasive in this case, because of testimony, affidavits, a paper trail and a transcript of the proceedings.

The system of things put “safeguards” in place to insure that the public is not harmed by illicit behaviors.  Notice I used the word “insure”?   There’s a reason for that.  When insurance companies refuse to pay for bad behavior, someone has to … be it the state, the county or the individuals responsible for stealing private property.

YOUR ATTORNEY HAS TO DO HIS JOB!  THAT’S ALL! 

If anything needs to be understood (and stressed) here, it’s that if you’re paying an attorney to do his job, he should do his job. Not play the “delay game” with you.  There are attorneys out there that will do their jobs.  We need one that has enough sense to put an expert witness attorney on the stand in a formal hearing setting and examine him (with a prepared set of questions) like any other witness on the stand.  We don’t need him jumping up and down and screaming at the judge either.  Remember, he has to appear before the same judge again (that is, if the judge is still a seated judge).   Once this takes place, your attorney will become fully aware of the statutory and ethical violations that have occurred. Sadly, he now is mandated by his state bar to report them under the Model Rules of Professional Conduct.  Whether he does it is irrelevant.  The expert witness attorney will do the reporting to the appropriate authorities.  If they don’t act, then we hit up their insurance carriers!

Attorneys do get perturbed with “the system”.  In our previous segment (Part 8), we explored the suit filed against the Oregon State Bar, a public corporation.  Even the state bars should be held to a higher standard and from time to time, refreshed with new blood from humble folks not so consumed with their power and their copious attitudes.  State bars have a treasury too, if you get my drift. Unfortunately, many attorneys who say they’re “fighters” may try to talk you out of opening “Pandora’s Box” in lieu of a loan modification.  That, in of itself, is a trap against homeowners. But again, it’s all about the money, right?

CALL TO ACTION: SENSE OF URGENCY, WHETHER YOU’RE IN YOUR HOME OR NOT

I’m not going to do the “Alex Jones” thing and tell you to harass anyone, “push back” or man your “battle stations”.  Just the opposite.  Wise as serpents, harmless as doves.  Plan the trap. Set the trap.  Spring the trap.  Catch the prey.  Hunger Games: “Remember who your enemy is.” as you see Katniss Everdeen with her bow and arrow, going after a squirrel or a rabbit.  It’s a single and precise strike at the target.  In this “system of things”, you have multiple targets to choose from.  HOW you play that game is up to you.  You are not limited by your tactical ammo.  You do however, have to use your due diligence and wisdom to determine which target to go after and plan the trap.  The bait is already there (what’s in the public record) in the form of documents (assignments) that violate statute.  It doesn’t matter about the “third-party beneficiary” argument.  The statute says what the statute says. It means what the state legislature intended it to mean, no matter what the bank’s attorney argues.  Once that argument starts and the trap is sprung, the bank’s attorney can only do one thing: recant his pleadings and oral statements and motion for the case to be dismissed.  In the alternative, he risks prosecution and eventual disbarment for moving forward.

I want to see your “phony assignments”, especially if they involve a securitized trust, MERS, known robosigners, self-dealing, claims of merger known to be false, etc.

Send them to be at cloudedtitles@gmail.com.  I personally want to see what you’re facing.  If you have even more sense, you’ll include your contact information with your pdf submission. I’m compiling a list of aggrieved homeowners in each state, be it mortgage or deed of trust, and their violative assignments.  I DO NOT NEED TO SEE YOUR ENTIRE CASE FILES! Anyone sending me anything but what I asked for will see their emails deleted!

In the meantime, keep calm and carry on.  And remember, pro se litigants need not apply. Misapplication of any of what was discussed in any of the ten parts of this series of posts is done at your peril.

To everyone else reading these successively “belly gutting” posts: May the odds be ever in your favor.

 

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GUTTING THE UNDERBELLY OF THE BEAST – PART 7

(OP-ED, first posted: September 18, 2018) —

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.

This is one of those sections which describes HOW “the system of things” is supposed to work.  We all know that it doesn’t always work the way it’s supposed to.  As a matter of fact, we know that in most instances, especially involving the prosecution of foreclosures, it hardly works the way it’s supposed to, especially if judges have “an agenda” or are “incentivized” to act in the best interests of the banks.  We simply can’t have the banks collapse now, can we?  It is this kind of fallacy that has screwed up our entire chains of title, as well as our legal system, with bad legislation and bad case law.

What I focus on in this segment is past cases that reflect the way things are supposed to work versus when they don’t.

“UNCLEAN HANDS” VERSUS “FRAUD ON THE COURT”

This is a slippery slope for not only foreclose mill attorneys but also the courts that hear their complaints.  The Appellate Courts of course can only rule on matters of error in the cases presented to them.  They cannot hear the entire case re-litigated again; in fact, they won’t stand for it.  Appellate Courts in Florida for example, especially the 3rd and 4th District Courts of Appeal, are famous for issuing “PCAs”, which basically means they are declining to hear the case and that the lower courts ruling stands as adjudicated.  This is one of the reasons why I bring this subject matter up now, which is due to the inept behavior of some judges in the lower courts to “clear their dockets” in the interest of justice, when in fact, many of these judges are “seniors”, already drawing a pension, that have nothing to lose by kicking you to the curb.  This is a serious false assumption on their part (the senior judges).  I don’t care whether these judges are drawing a pension or not … they are not protected by sovereign immunity (and neither is the county that they are acting as an employee of, within the course and scope of ruling on foreclosure cases), when they step “outside of the box” and appear as an accessory to something more sinister.  Sovereign immunity does not necessarily go away if an error is made.  However, if the court gets notice of statutory and ethical violations and does nothing to stop it, sovereign immunity goes away and liability for some sort of “wrong” kicks in.  Yet, no one is addressing this part of “the system of things” when in fact, it should rightfully be addressed and properly dealt with to the fullest extent of the law.

For the purposes of arguendo here, I focus on the state courts as well as the bankruptcy courts, because this is not something that can really apply to the extent that one would think in the federal court system because the federal judges are appointed for life.  One attorney in Hawaii, Gary Victor Dubin, has likened being in federal court to committing suicide.  I find no solace in federal court, given the dismal number of foreclosure cases successfully defended while bankrupting the debtors (borrowers of mortgage loans) who all came into the federal system seeking to “delay the inevitable”.  Only an egregious act by the bank would warrant sanctions and there is no singular case that I can reflect on in a U.S. District Court wherein the judge superbly did “the right thing” the first time, without having to be reprimanded for his abusive rulings by the Appellate Court.  Besides, federal courts do not like pro se litigants, as we discussed earlier.  So why are you thinking federal court?   While the FDCPA and FCRA take up a lot of the consumer-oriented litigation, it is safe to assume that these are mostly initiated in class-action form.

STATE COURT ACTIONS

JPMorgan Chase Bank NA v Pocopanni et al, 4th Jud Cir Ct No 16-2008CA-3989

In the foregoing case, the Hon. Jean Johnson did the right thing by calling the bank attorney’s behavior what it was … fraud on the court by Chase and Shapiro & Fishman.

US Bank NA v Harpster, Pasco Co Cir Ct No 51-2007-CA-6684 (Mar 25, 2010)

US Bank’s lawyers could not stand up to the scrutiny of an Affidavit submitted by the bonding company for Terry Rice, the employee who was notarizing documents within the David J. Stern law firm without having a valid commission by the Floria Secretary of State.  The documents he notarized would come back to haunt him years later in another case in Pinellas County, Florida.

M&T Bank v Lisa D. Smith, St. Johns County, FL No CA09-0418

This case was submitted by Attorney Lynn Szymoniak in her review of dozens of cases where fraud on the court was met by Circuit Judge J. Michael Traynor’s Order of an evidentiary hearing with overtones of sanctions for not one, but three separate violations of behavior by the then-Marshall C. Watson law firm.  The outcome is shown below:

M & T Bank v Smith_Order (Jun 10, 2010)

This is significant because Judge Traynor quoted Rule 4-3.3(a)(1) of the Rules Regulating the Florida Bar … “a lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.”  (Dismissed with prejudice!)

OneWest Bank FSB v Drayton, 2010 NY Slip Op 20429, Sup Ct Kings County (Oct 21, 2010)

The late judge Arthur Schack had seen enough banking malarkey to last him a lifetime, calling out robosigner Erica A. Johnson-Seck and demanding an affidavit under oath of her employment history for the past three years and why a conflict of interest doesn’t exit in this case involving being a signer for MERS, a VP of IndyMac Bank and a VP of OneWest Bank, all in one felled swoop, warning the bank’s counsel that: “… the new standard Court affirmation form states that “[t]he wrongful filing and prosecution of foreclosure proceedings which are discovered to suffer from these defects may be cause for disciplinary and other sanctions upon participating counsel.”

BANKRUPTCY COURT ACTIONS

Sadly, homeowners are put between a rock and a hard place when it comes to phony assignments.  Rather than believe the state court would entertain motions for fraud, which most homeowner litigants come running into court screaming, they think that filing bankruptcy will stop their foreclosure.  One thing is for certain, whether the homeowner wins or not, bankruptcy court judges especially do NOT like to be lied to or have facts that are fraudulent or misleading proffered into evidence, as you shall see below in three different cases.

In re Taylor_US Bkpt Ct E.D. Penn No 07-15385-DWS (Apr 15, 2009)

This Pennsylvania bankruptcy case revealed that Fidelity (LPS) had (at that time) 39 of the 50 major banking institutions’ business in formulating documents for bringing foreclosures against homeowners (and just when you thought title companies only handled closings).  Further, the Udren Law Firm got whacked for sanctions under Rule 9011 for attempting to “hide behind” LPS’s NewTrak computer system in processing HSBC’s proof of claim.  While this is a rather lengthy opinion, the conclusion is clear!

In Re Tarantola, US Bkpt Ct D. Ariz No 4-09-bk-09703 (Jul 29, 2010)

If anything can be more blatant, Judge Eileen Hollowell is not one to f**k with.  In one of several Memorandum Decisions, this case really “takes the cake” in the “movant filed its motion without evidentiary support of its claims, attempted to create such evidentiary support after the fact, and only disclosed its “real” evidence on the day of the final evidentiary hearing.” (Relief from stay DENIED!)  My understanding is that the court was packed with attorneys who got to witness Deutsche Bank’s counsel literally attempt to backpedal when cornered.  The judge had the goods on them (and their lawyers)!   I’m surprised that “the system of things” didn’t go further than it did and take them out of practice permanently.  Sadly, McCarthy-Holthus (or some form of them) still exists; however, Brice, Vander Linden * Wernick, PC dissolved right after they became aware of their repeated “mentions” for illicit behavior in the Williamson County Real Property Records Audit in January of 2013.  None of these attorneys were ever brought up on charges before their respective state bars and their E & O insurance policies still apparently exist.  In my book, Judge Hollowell was being too kind.

In re Wilson_Show Cause Order, US Bkpt Ct E.D. La. No 11862 (Apr 4, 2012)

IN RE WILSON_LOUISIANA BK13_MOTION FOR SANCTIONS

Again, in the foregoing case, Fidelity and the Boles Law Firm got waylaid by Judge Elizabeth Magner, who tagged Wells Fargo Bank with a $1.3-million sanction (because the loss of money is the only thing that seems to get a bank’s attention).  This case also illustrates how the major title companies are no friend of the homeowner.  Title companies have to answer to state authorities (State Insurance Commissioners) too!  Do you see where “the system of things” is going with this?

I realize I’m giving you a lot of reading to do in the foregoing scenarios … but I’m trying to illustrate how “the system of things” is supposed to work when the bank, through its attorneys, rely on phony documents that are manufactured to create standing to steal a home.

FORECLOSURE DEFENSE ATTORNEYS ARE SCARED OF THE JUDGE!  BOO!  (… and the attorney shits his shorts!) 

I wrote in the 40-page piece (in which the expert witness attorney concurred) that foreclosure defense attorneys face a real dilemma.  Like many foreclosure mill attorneys, they all have student loan debt into the tens, maybe even hundreds of thousands of dollars.  They got a 4-year degree in addition to 3+ years of law school, had to study and then sit for the state bar exam and face moral turpitude scrutiny in order to get a license to practice law from the state (what the state giveth, the state can taketh away)!

It’s no wonder they’re all scared.  They don’t want to face sanctions.  They want to be a friend to everybody, including the other side’s lawyers that are trying to steal their clients’ homes.  No attorney has the set of cajones to stand up to these shysters unless they have a snoot-full of evidence that can conclusively prove that the other side has come to court with unclean hands.  Which brings me to the HSBC v. Buset case:

HSBC Bank USA NA v Buset_Final Order Granting Mtn for Involuntary Dismis…

HSBC Bank USA NA et al v Buset et al, 3D16-1383 (Feb 7, 2018)

Sadly, Florida’s 3rd DCA reversed Judge Butchko’s ruling, to which Buset’s attorney, Bruce Jacobs told me, “This is war!”  (in other words, “this ain’t over yet”).

Part of the problem might be that the expert witness in this case was NOT an attorney with the capability of reporting the fraudulent and misrepresentative assignments to the Florida Bar.  Attacking an appellate court is virtually unheard of … that is, until we find out who cuts their paychecks and who bonds them.  Every judge is supposed to be bonded, even the senior “fossils” brought out of mothballs that have no problem throwing homeowners out of their homes because they can, without retribution (or so they think).  If the judge commits an illegal act, not only can he be removed from the bench, the county he serves as a judicial officer in can be held liable in certain cases!

We are not asking the homeowner’s attorney to stand up and be counted (challenging the other side’s credibility, screaming “fraud on the court”, etc.).  We let the expert witness attorney do that.  The bank’s lawyer has every opportunity to recant his testimony in both his pleadings and in his oral statements.  If he refuses to do so, then he can pay the price.  We just want the homeowner’s attorney to get the expert witness attorney on the stand and ask him a series of questions.  In other words, we just want the attorney for the homeowner to do his job!

In previous posts of this nature, we talked about the insurance factor.  The direct frauds promulgated by these law firms could have resulted in attacks against their E & O policies, but didn’t.  Any judge who didn’t do the right thing in running a proper tribunal could have faced a judicial review board and lost his bond because it would have been “attacked” and challenged as well.  If a law firm doesn’t get payment for legal fees when its lawyers face the music before their respective bar disciplinary panels, then they have to come up with that money out of their own pockets, which while not being a benefit to the homeowner, it is a bitter detriment to the lawyer, who now has to think about how he’s going to pay off that big student loan debt he’s got in addition to $10-$20K in legal fees incurred as the result of his disciplinary proceeding!

The judge who can’t “do the right thing” represents the county government’s judicial process and has the privilege of sovereign immunity, UNLESS he condones felony behavior in his court.  Then his sovereign immunity can not only be at risk, the county’s general treasury may be raided to pay for the damage he caused!  How’s THAT for justice!

But wait, there’s more … stay tuned!

 

 

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DOUBTING THOMASES

Op-Ed Post —

OSCEOLA COUNTY FORENSIC EXAMINATION

Of late, this blog and its author have been scrutinized and belittled to the point of frustration, based on the spate of comments received by some not-so-well-meaning bloggers.  Apparently, there are still some out there that believe everything they read in the newspaper or watch on TV regarding the handling of the investigation into this Report and they continue to send me disparaging comments about the invalidity of the investigation.  Well … despite the Doubting Thomases, I’m not going away.

To dispel some of the gossip and hearsay regarding the investigation of this Report, this Author would posit the following:

(01) Then-Florida 9th Circuit States’ Attorney Jeff Ashton wouldn’t touch the report with a ten-foot pole because he regarded it as a political hot potato.  As it turns out, he would rather play on AshleyMadison.com and cheat on his wife on company time and later attribute it as an “error in judgment”.  Ashton’s own investigator, Eric Edwards, told this author in a phone conversation that if he had the budget, he would investigate the details of the Report because he read through the first few pages and thought the Report had merit.  The investigator himself told this author even he (Edwards) was having issues with his mortgage and suspected something was wrong.

(02) U.S. Congressman Alan Grayson always has, and still does, support this report … and he is an attorney who OWNS a hedge fund.  He saw the corrupt patterns outlined in the Report. He has read the entire Report, with exhibits, from start to finish, and was convinced that it was factual in detail.  Grayson accompanied Armando Ramirez, the Circuit Clerk of Osceola County to the meeting with Jeff Ashton, who was quick to suggest that the chain of command be followed and turned the matter over to the Osceola County Sheriff to investigate. “Fox guarding the hen house.” “Kick the can down the road.”  We have no idea what instructions accompanied the shipment of the Report to the Osceola County Sheriff’s Department.

(03) During the pending Osceola County Sheriff’s investigation of the Report, two of the detectives met with this author, California Attorney Al West (who was also present during the investigation and supervised much of it) and Osecola County Forensic Auditor Hector Acosta (who ran point on the set-up of the examination). The date was February 9, 2015.  Within about ten minutes of the meeting, things got ugly and turned into a heated conversation, wherein the County Attorney (whose law firm represents noted insurance companies) got into the act, advising this author that, by law, he had to divulge the names and whereabouts of all the examiners, something this author refused to do.  Hector Acosta’s step son was tasered on his own front lawn at 3:45 a.m. after arriving home (sober and drug-free) with a relative, as he was going to bed, in what Acosta and this author think was retaliation for furthering the promotion of the Report as well as support for the local homeowners’ justice group.

(04) There was an attorney present during the investigation by examiners and an attorney opinion letter accompanied the forensic examination.  Both the Orlando Sentinel and WFTV Channel 9 overlooked that fact. Matt Weidner was all too quick to condemn the Report, not knowing that two attorneys had a hand in its preparation and final opinion and that it was not this author himself, attesting to the contents of the Report.

(05) Sentinel reporter Henry Pierson Curtis was quick to report that  the Osceola Clerk hired the author and his team without putting the examination out for bids. Had Mr. Curtis checked his facts, he would have found out that the Level 3 Threshold for retention of contractors was permitted so long as the payment was under $35,000.  Besides, who else is going to conduct as extensive a forensic examination of those records, John Wright or Steve Dibert?   Matt Weidner?   How many other firms have the background to analyze fraudulent documents?   If you want to use the phrase “it takes one to know one”, then I guess that makes me qualified, because I lived through mail fraud issues.  I know what the Tampa FBI refused to investigate and I hold them accountable.

(06) For what it’s worth, as if it’s any of anyone’s business, that isn’t what I was convicted of.  Curtis got that wrong too … and through regurgitation … Wright and Dibert did too.  What does that say for their “credibility”?   4ClosureFraud jumped on the bandwagon too, but later retracted its article after readers openly criticized the blog for regurgitating the smear campaign. Still, Wright and Dibert took the “cheap shot” way out and decided to further “make stuff up of their own”, like stating that this Author was convicted of mortgage fraud.  They are worse than Henry Pierson Curtis because of their inept modus of sensationalism.  Who are they working for, the banks?

(07) Curtis reported the author was 62.  At the time the story was released. WRONG!  This author was 61.

(08) Curtis reported the author was charged with conspiracy to defraud the United States and six lesser felony charges including three counts of fraud and three counts of swindling.  WRONG!  The author thinks he knows what he was charged with and what he plead guilty to.  None of these allegations Curtis caused to be printed in the Smutinel were factual.  Besides, people who commit any kind of major crime get to do the time.  Three years probation and a $1,000 fine doesn’t say much for the word, “heinous”.  That’s what you get for sending certified letters in the mail, based on the belief of an organization that didn’t disclose they were being investigated by the FBI at the time they sold the author a packet of money orders, which they claimed were legit.

(09) What the media did not report, is that this Author filed a fraudulent concealment action in Tyler, Texas against the Family Farm Preservation and its conspirators for failing to disclose to him they were being investigated by the feds for contriving a scheme to pay off debts using phony money orders according to the UCC.  Everything looks legal, until it isn’t.  You would have to know what my state of mind was at the time, which you didn’t.  So you do NOT have all the details.

(10) In addition, Curtis made sure to report every single aspect of this author’s life, so his pack of lies would be splashed out over Google to anyone typing in any meta words relating to any of the connected material.  What an ingenious way to smear someone.  Knock out their whole way of making a living. But, remember, this is the kind of person Curtis is.  It appears there are others out there that have the means to report what’s right … and don’t.

(11) Curtis reported that the examination was conducted in the Osceola County Courthouse.  WRONG!  The examination was conducted in the conference room at the Ramada Inn in Kissimmee, in an offsite location, with wi-fi and internal access to courthouse records provided by the Clerk’s IT Department.  But, like the rest of his story, Curtis didn’t care whether he got his facts straight or not about something that happened to this author over 20 years ago.  Curtis just wanted fodder to bolster his campaign against the Clerk, no matter what kind of misrepresentations were necessary.  But yet, many of you believed everything that MFI-Miami trash-talked on its blog, followed by piggybankblog, which was nothing more than a regurgitation by a reporter for a major market newspaper that likes to make up news rather than report news.  This shows the level that some people will stoop to in an attempt to make themselves look wonderful in an effort to promote their own ambitions.  This author likens Curtis to the robosigners that help make up documents out of thin air to steal houses.  I frankly don’t care what the media thinks about this.  We’re not finished here yet.

(12) Enter Jorge Esteves and Orlando’s Channel 9 … once the station got a copy of the Report, it proceeded to regurgitate what the Orlando Sentinel reported without checking the facts of the case, plus added some misstatements of its own.  One of the worst things a media outlet can do, having been a former radio journalist, is to air material without first vetting its content. Channel 9 was quick to state it was going to attempt to get Florida Attorney General Pam Bondi to investigate the Report, to no avail.  Pam Bondi will not investigate her own constituents who happen to be banks or servicers, who contribute to her political campaigns!

(13) The Forensic Examination was delivered in two volumes. The first volume contained 4 sections, totaling 362 pages.  The second volume contained 3 sections, totaling 412 pages, including the attorney opinion letter.  That’s a total of 774 pages, not counting the Introduction and Table Of Contents.  Channel 9 looked at the back page of the report and declared there were 412 pages total in it, without even looking through the Report. WRONG! Had Esteves (and Weidner) actually read the Report, they would have seen there were two volumes totaling over 774 pages.  Maybe they would have actually investigated some of the documents and found they were actually recorded in Osceola County’s land records!

(14) Mr. Weidner has an ego and a reputation to protect.  Unlike other attorneys who have been contacting this Author (and retaining him on certain cases to assist them in putting a case together), Weidner was quick to get on television in Orlando and smear the Report, declaring, “it’s not worth the paper it’s printed on.”   How would he know?  He didn’t even read the Report.  He was seen on camera thumbing through the first few pages before making his comments.  He didn’t even read the attorney opinion letter at the end of the two-volume Report. If he did, he sure didn’t say anything about it because Esteves was out to make him shine on camera. Remember? Ego.

(15) The attorney whose Opinion Letter was included at the end of the second volume of the Report, Jennifer Englert with the Orlando Law Group, had a TV commercial for her law firm running on Channel 9, which aired five minutes before the station ran the Weidner interview.  When contacted about the lambasting of the Report (including her Opinion Letter), the attorney demanded equal time on the station, which downplayed her involvement.  It is no secret that Channel 9 and its news producers have a hard-on for the Osceola County Clerk and like Curtis, will do everything they can to turn anything positive the Clerk does, into something negative, for the sake of creating news instead of reporting it like most responsible journalists.  But remember, the whole pack of sensationalists are irresponsible and self-serving.  Unlike most affected and distressed homeowners, they don’t want to know what really happened to them involving foreclosure fraud. They don’t care about the politics of it all as much as the banks, the media and the judges who throw homeowners out of their houses do.

(16) Ashton, as well as the Sheriff, could not find any “victims”, even though the entire Report showed 17 cases of suspect documents filed in the the land records of Osceola County, Florida alone.  The witnesses names in the Report were kept as WITNESS A through WITNESS F f0r a reason.  It seems that Jack Wright, Janet Reiner and Steve Dibert overlooked the fact that hundreds of homeowners who were included in this Report were victimized because they lost their homes to REMICs and their law firms who had to retain servicers to make up documents to create standing.  Let’s face it, misery loves company and these folks don’t care who gets trashed because this is what they think they need to do to be popular with other disgruntled homeowners. “Let him who sinneth not cast the first stone.”   BTW, Witness A and Witnesses E & F were attorneys with inside information key to their respective investigations which affected certain statements made in the Forensic Examination. Witness B gave me taped statements as to the inside scam to re-create mortgage notes from scratch to create standing to steal homes. Ocwen was at the center of that controversy.  What its staff did in West Palm Beach, Florida was unforgivable.

(17) Even attorney Lynn Szymoniak, who appeared on the 60 Minutes presentation on April 3, 2011, “The Next Housing Shock”, stated, “It doesn’t matter what he did 20 years ago. What matters is what he’s doing now.”  (referring to this author)   Apparently, many of you out there think I should just quit while I’m ahead and drop off the face of the earth. You are dreaming.  Sorry, the system is rigged and judges have been told that they need to drag out your case as long as possible until you give up and walk away. I know that.  The attorneys I work with know that.  So, it becomes a test of time, money, patience and your willingness to bring forth the truth, not just mine.

(18) Since the release of the Report, Texas-based DK Consultants LLC, has been retained by multiple law firms to do chain of title and pre-trial research and to assist in consulting on cases all over the U.S.  This Author still continues to lecture around the country and in online webinars and has been listed as an expert witness in pre-trial statements.

(19) The Osceola County Sheriff released a one-page press release that said little if anything as to the sums spent investigating.  This is only one of the reasons then-Sheriff Bob Hansell did not run for re-election again. This Author offered to provide them with the names and contact information of the “witnesses” in the Report; however, the detectives weren’t really interested.   All the better.  The witnesses were listed anonymously because if their true identifies were revealed, they’d be dead.  I want them alive enough to testify before the grand jury. Two of them have inside information that could send bankers and attorneys to prison for a good long time.  It’s obvious that the sensationalists would rather not see that happen.

(20) If the law enforcement agencies wanted the Witness information, all they had to do was ask.  But, that was not their intention.  This author believes they were told to shit-can this investigation and blackball anyone involved with it, because a minimum of 4o0 people were facing jail time and Osceola County could be liable into the hundreds of millions of dollars for wrongful evictions based on fraudulent documents relied upon by foreclosure mill law firms doing the prosecuting of the foreclosure actions.  I believe this was at the directive of the attorney who was representing the County at the meeting February 9, 2015.  I wonder what the Osceola County Risk Manager would say to all of this?

(21) The fact patterns emerged during information gathering for the Report, using the search tools, MERS, HSBC, U.S. Bank, Bank of New York Mellon, as well as the other major banks who made trillions securitizing mortgage paper.  After about 90 days of alleged delinquency, the Assignments of Mortgage containing the manufactured, suspect information, would surface and be recognized by the forensic team as suspect.  One homeowner’s assignment was found to have been recorded six months AFTER the bank foreclosed on and sold her house!  You think that’s a lie?  Go look up the Ibanez case in Massachusetts.

(22) The newly-elected 9th Circuit States’ Attorney, Aramis Ayala, has been under fire since taking over for Ashton.  She is aware of the Report.  As I said previously, this isn’t over yet.  Those of you doubting Thomases that think the Report is invalid have not heard all of the facts in evidence.  The documents discussed in the Report are valid and they were used to steal peoples’ homes.  The major banks are involved, but not to the extent you think. It’s mostly the servicers and third-party document mills. The people who lost their homes, regardless of what the Sheriff says, are victims.  More than likely, I will write a detailed book about all of this, including all of the inside dirt we uncovered in the investigation that DIDN’T MAKE THE REPORT because it would have gotten us all killed!  There is at least one major bank whose 18 employees would face DOJ prosecution thanks to the contents of this Report … that is … if they’d just look at it!   I may not be an angel, but like Frank William Abagnale, Jr., I think I’ve well made up for my indiscretions. You can make up all the news you want, but if you can’t face fact, you lose!

So … if any of you are going to send me links to the sensationalists’ trash-talking blogs in denial of the real truth, go f**k yourself!  You wouldn’t know the truth if it bit you in the ass!  You should hope these sensationalist, mindless f**ks don’t print something nasty about you and your dilemma … or your past … in the future.  Do your research and discover the pertinent truth for yourself.  I played in the Patriot Movement and paid the price.  I paid my debt to society and I owe you nothing but praise and gratitude for “fighting the good fight”. Hope and pray that justice comes swiftly to those who deserve it, and condemnation, to those who don’t.

NOTE: Anyone wishing to take up the issue with this Author personally can email the author at his business email at cloudedtitles@gmail.com because no one’s comments are going to be allowed to be posted on this blog regarding this article!

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