Tag Archives: mortgage

FLORIDA HOMEOWNERS SHOULD STAY OUT OF BK 7 COURTS IF THEY WANT TO FIGHT FORECLOSURES!

The author of this post is not giving legal advice, just reporting what’s out there.  You should consult a competent foreclosure defense attorney regarding such matters, as the contents in this post appear to reflect the court’s intolerance for homeowners who file bankruptcy to stop a foreclosure. 

OP-ED — 

Folks who are in trouble with their mortgages in Florida really need to strategize before taking the plunge into the abyss known as the Florida legal system, where state judges clearly have “agendas”, the Florida Legislature has “agendas” and the federal courts have “agendas” … all aimed at taking of property when you can’t make the payments on it.  It’s not often that the author of this post steers away from chain of title issues, but there appears to be widespread ignorance (or in the alternative, intolerance) on the part of the Sunshine State’s legal system, which makes things “not so shiny” anymore, given the recent spate of legislation and court actions.

STATE JUDGES

All one needs to do is examine court dockets to see how fast, over time, that Florida circuit judges have blindly assumed that the financial institutions coming before them actually own the promissory note they’re trying to enforce.  It would seem that judges simply rely on the blatant attack on the property owner as just because otherwise, why would this particular bank show up in court?   Because they can!  And they do!  And judges give them so much leeway that Florida homeowners are stymied for options.  This is why the State of Florida has so many zombie homes (despite what the politicians, economists and the media would have you believe) and shadow inventory that sits empty because of title issues.  In very few cases I’ve examined have I seen evidence within a transcript that allowed for a forensic examination of the note, to make sure it’s “original”, like the bank’s attorney says it is.  To show you that the inequity between state court systems is similar in nature, I’m consulting a case in New Jersey where the bank’s law firm sent a “cover lawyer” into court with what appeared to be a “faxed copy” of the note, claiming it to be the “original”.  I think most judges, even in light of the foreclosure defense attorney’s objections, could tell the difference, but nope … this judge said that the word of the law firm and the faxed copy of what it self-authenticated is good enough!  Can you believe that shit?

Another part of the equation is the existence of foreclosure defense lawyers who have seen fit to turn the foreclosure debacle into a cash cow by using delay tactics to keep property owners in their homes, despite the probable outcome that only about 1 in 25 cases brought into court makes it past the 810-day mark in a Florida foreclosure cycle.  Knowing that the odds are never “in their favor” (attributing the quotation to The Hunger Games), frustrated mortgagors then contemplate using bankruptcy court to dodge the “sale bullet”. However, things in Florida are about to change.

THE FLORIDA LEGISLATURE

Effective July 1, 2017, Florida homeowners who run to the bankruptcy court and get their promissory note discharged are going to find themselves without other options to fight the foreclosure.  See House Bill 471 here if you don’t believe me: fl-hb-471  It’s only two pages long and I’m sure you can read (if you’re reading this)!

Simply put, any documentation that is filed in Bankruptcy Court which would indicate surrender of the property (commonly seen in Chapter 7 cases) makes it legally okay for the bank’s attorney to submit that document that was filed in the Bankruptcy Court under penalty of perjury to a Florida circuit judge to get a Final Judgment of Foreclosure.  I see this as a definite negative if you’re trying to fight a foreclosure.  But then again, most homeowners are like electricity.  They want to take the path of least resistance; and declaring bankruptcy is certainly a hell of a lot cheaper than fighting a foreclosure through Florida’s appellate system.

It appears that folks don’t understand the difference between an in rem and an in personam action.  Enforcement of a security instrument, which in Florida’s case is a mortgage, can only happen when the party claiming to have an interest in the property can prove ownership.  An attack on the property through the recorded security instrument is an in rem action (like quiet title actions).  This is why I wrote the book The Quiet Title War Manual (with the professional help of California attorney Al West).  The book explains the difference between the note and the mortgage.  Folks who don’t get it should get this book and read it, because when Al West and I taught quiet title workshops, we hammered these basic principles into the heads of the attendees.  In personam actions are actions involving debt, which in this case is the promissory note, NOT the mortgage!   How convenient it is that the Florida legislature has come up with this House Bill in the wake of the recent court conflicts within the federal system!

THE FLORIDA FEDERAL COURTS

Let’s look at the case of In re Hookerin-re-hooker   Once you get past the first three paragraphs, you’ll understand why the Florida legislature did what it did to help the banks fight continuous counterattacks in state court.  Again, how convenient, to avoid further confusion in the courts.  Let’s just legislate this away, shall we?

Now we come to the slam dunk that affects the way the 11th Circuit Court of Appeals (which covers Florida), has ruled that Chapter 7 debtors who file a bankruptcy action and put forth a statement of intention to surrender the real property cannot later contest a foreclosure in the state court. in-re-failla   If you read the first paragraph of this PUBLISHED OPINION, and then read the background on the case, it appears that the homeowners wanted to “have their cake and eat it too”.  The Failla case simply states: “Debtors who surrender property must get out of the creditor’s way.”   The Florida Legislature (I believe) made sure that a bill was passed that shut off the trough at the source of the feed (so to speak).

No more hogs at the trough.  There have been so many different points of view, it’s understandable that the Florida legislature would pass a bill that state courts could point a finger at and say, “SEE?”   So for those of you thinking that running into bankruptcy court (in any state for that matter) and declaring your intent to surrender the property (God forbid, why would you do that?) under penalty of perjury is so confusing to some when their state court cases get shut down.

ANOTHER WHAMMY! 

It has also become relatively apparent that any homeowner that has placed themselves in the foregoing position and continue to litigate their foreclosure in the state courts of Florida are likely to get sanctioned!   Vexatious litigants are likely to wind up in jail on contempt charges!  I say this because of what happened to foreclosure defense attorney Stuart Golant, 70,  in the Palm Beach County courtroom of Senior Judge Howard Harrison for simply making a motion!

Florida homeowners have had the deck stacked against them by the courts and the legislature in favor of the banks when it comes to promissory note enforcement.  Once a mortgage has been recorded in the land records where the subject property is situated, all it takes is a missed payment and the door to “foreclosure hell” opens to swallow the homeowners whole.   I can’t help but wonder what kind of counseling homeowners have received, given the phone calls and emails I get regarding strategizing an in personam case against them.

ONE MORE TIME …

In a judicial foreclosure state like Florida, a lender comes to court and waves the promissory note around and claims it has the right to enforce the terms of the note!  It should be required to prove that the note is genuine, forensically.  Have the actual paper tested.  Have the ink tested.  Check for pixelation by blowing the note up on a computer screen to examine evidence the note was photoshopped.  Object to the note being entered as the original.  I believe a majority of securitized notes are copies of what was downloaded into the MERS® System and later shredded, as I’ve covered in previous posts.

Once the lender gets the note in front of the court and gets it admitted into evidence and gets the court to agree that U.C.C. Article 3 (Negotiable Instruments) exists and that the alleged lender has the right to enforce the note, THEN the Lender gets to enforce the Security Instrument, the in rem part of the equation.  The security instrument (Mortgage) is then “ripe for the picking”.  Believe it or not, most homeowners think that the lender is foreclosing on the mortgage.  That couldn’t be further from the truth!  The Lender is foreclosing on the Note.  Proving it has the right to enforce the Note means the Lender gets the right to enforce the Security Instrument, not until!

Bankruptcy Courts are designed to handle in personam scenarios.  In personam relates to debt.  Promissory notes are evidence of debt!   Recorded mortgages are evidence of security interests, not debt!   If you’re going to use the bankruptcy court to alleviate your personal obligation to the note, and liquidate it in a Chapter 7 bankruptcy proceeding, be prepared to move out of your home!

Thinking twice about running into Chapter 7 bankruptcy court to stop the sale?   The “system” is ready for you!   (Hint: This is why we have Chapters 11 and 13!)  No matter, if you live in any state where you think the “deck is stacked” against you, plan your “end game” BEFORE you go into default, not after!

And this is why I don’t talk about in personam issues much.  Homeowners really should get a financial education before they sit down at the closing table.

Tune into kdwradio.com every Friday night at 6:00 p.m. EST for my radio show, City Spotlight: Special Edition!   Order any of the author’s books by visiting Clouded Titles!

For those of you waiting for the new FDCPA book, it’s almost ready!   Pre-order your copy today!  (FDCPA actions are for dealing with debt collectors!)

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Filed under Financial Education, Op-Ed Piece

SURVIVING FORECLOSURE

Op-Ed … 

One of the greatest achievements in life is being able to own a home.  It’s an outward sign of wealth building.  It’s one of the biggest financial commitments that a person can make, not necessarily one they should make.

The banking industry in America continues to survive despite all of the scandal that continues to plague them.  Many folks survived the economic fiasco of 2008 because the entire economy was not affected.  When only a marginal number of homeowners are affected, seemingly, the rest of the country simply falls asleep, chalking up the massive foreclosure market as a “numbers game”.  Investors came out of the woodwork, thinking they were getting a great deal, when in fact, 99% of all of the foreclosure actions conducted in this country are illegal.

The reason these foreclosures are illegal can be summed up in one word: securitization.

Most people that signed on to mortgage loans between 2003 and 2008 had no idea that they were going to be victimized by an entity called Mortgage Electronic Registration Systems, Inc. and its parent, now known as MERSCORP Holdings, Inc.  It has been communicated to me by numerous attorneys that the MERS® System was created specifically for the purposes of online digital transfers of promissory notes within the secondary mortgage market and that any claim by MERS that it has any part of “title” to your property is superfluous folly.  MERS and its parent have continuously fought that in courts across America.  It is impossible to see why a court system would give a for-profit private entity that is not in the business of lending money beneficial status.  Some states have figured that flaw out, too late to avoid creating conflicting case law.  If the states wanted to be smart about it, they would do what Oregon counties are doing, patterning their suits after Multnomah County’s case, which resulted in a $9-million settlement, something unheard of, unless you want to keep MERS and its hierarchy out of prison.  In my book, criminal RICO is afoot here and MERS has provided the platform for that to occur in the form of servicer fraud.  Servicer’s employees are allowed to robosign and backdate assignments, falsify authority and manufacture standing for lender’s who are not “the boss of the note” which is what, largely in part, makes these 99% of the foreclosures illegal.

On the backside of this equation, homeowners who are unwilling to challenge the beast are fleeing their homes in record numbers and the shadow inventory still continues to plague the real estate market.

But what of the homeowners?

As I have stated on this blog before (in previous posts), 75% of those being served with foreclosure notices vacate their properties within thirty (30) days of notice.  The other 20% of those vacate their homes after being made aware an issuance of a final judgment of foreclosure or notice of a sale date.  The 95% was ill prepared to retain counsel to even challenge their foreclosure and the greater majority never even showed up to court to contest their foreclosure (in mortgage states).  The banks know this.  It’s a numbers game.  The banks are at a financial advantage because they’ve made all their money off of interest earned (as do the servicers with all of their fees added into the mix) and the banks have a legal fund to fight with.  Bank of America is estimated to spend roughly $2-billion annually in legal fees, most of which goes to fighting homeowners just like you and I in court.  Whether or not Bank of America can actually prove it has standing to foreclose depends on how many assignments their servicing unit manufactures, because that’s exactly what they do when there’s a default (someone stops making their mortgage payments).

Of the 5% of the remaining homeowners, 3-4% of them duke it out in court.  The other 1-2% take “cash for keys” or negotiate a loan modification, albeit the party negotiating with them probably doesn’t have the right to enter into a loan modification agreement at all.  I would estimate that roughly less than 1/2-percent actually succeed in getting a loan mod at all.  Most of the major banks, who are monitoring and servicing their alleged secondary market REMICs, who have no skin in the game, would rather have your house than put up with giving you a loan mod.

Contrary to what the banks and the media would have you believe, only about 1% of the 95% of homeowners end up actually “homeless”.  Living in your vehicle also constitutes as being “homeless”, about as much as living in a tent city, illegally living in a storage unit or under a bridge or on a sidewalk.  These 1% are seen on street corners panhandling for money.  Surprisingly, there are also racketeers that panhandle to make their mortgage payments (or go party on their gains, which in my book is totally dishonest).  It’s hard to tell who’s who because they all dress the part and carry cardboard signs.

The other 94% are either living with family members or have become substandard renters while they attempt to regroup.  If bankruptcy was utilized to “buy time”, a negative credit score of about 450 points will tank the debtor’s ability to recover for at least 3 years.  My problem with helping out many of these homeowners in “short sale” position is that I am suspicious of the bank’s real interest in the property.  If I look in the county land records, what am I going to find?   No matter.   Short sales are preludes to foreclosures.   If I see a spate of short sales in any given market, foreclosures are about 90 days behind them.  Remember, the bank would rather have your house.  They have no skin in the game and the longer they stay “in the game”, the more potential there is to discover their misdeeds.  Their mission is to cash out and this is what has made them rich.

I have been getting numerous texts and emails from folks who have told me what they have done to survive a foreclosure.  Unlike me, who had a rental property I could move into when I did a strategic default on my primary residence in 2003 (and later sold it for a handsome profit, which turned into a scheme that made me mortgage free), most homeowners have no “end game”.   They made no plans. Most made no plans because they live from paycheck to paycheck.   I heard one investor say, “Working hard builds character.”  Well, that may be true but if there’s more month at the end of the money, character has no place in contingency planning.  People will do amazing things.

I beg to hear of your story on this post, as it will give inspiration to others who are faced with similar plights.  Please comment. 

I have also heard that people have utilized an outbuilding or barn, moved it onto a piece of vacant land (either one they owned or owner financed) and built a house out of it.  It’s primitive, but at least it’s a roof over your head.  So are mobile homes, if you can find them cheap enough.   I lived in one for 4 years and fixed it up so it didn’t even look like a mobile home inside.  I made a handsome profit selling it when I made my next move.  I am one of those that is not complacent.  No matter what happens, I am resolved and determined to bounce back.  I paid off the mobile home in one year and invested about $4500 fixing it up over time.  The owner of the land I bought was happy when I sold it because he got paid in full when he was facing a family medical crisis and needed the funds badly; so it was a “helping hand” to him.  At least I had clear title.

This is a problem for many homeowners because fighting a foreclosure means proving the title is jacked up.  This is no fun when you don’t know what you’re looking for.  This is why many homeowners don’t do what you’re doing and subscribe to this blog and do research into chain of title.  If everyone in America did the kind of research you and I do, we wouldn’t be in this mess in the first place.  This country’s economy would have bounced back on its own and we wouldn’t be depending on politicians to fix it for us.

We are in an upturn real estate market (in most of America) and this begs for opportunity.  I always like real estate investing because it means creating wealth through equity positioning.  If you are NOT in a position to give up, it would be better to rebound into another investment property as soon as possible, even if it’s owner financed.  This is why (in the book Clouded Titles) I talk about having garage sales and liquidating stuff on Craigslist and places like that, because “lightening the load” affords opportunity when downsizing.  This is part of the end game plan for most folks.  You may have some other ideas, which I welcome here, because I want to know what you did to survive a foreclosure.  So do my other readers.  Despite the setbacks you faced, try to have a happy holiday season.

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Filed under Financial Education, Op-Ed Piece

FLORIDA SUPREME COURT SAYS “STICK BARTRAM WHERE THE SUNSHINE NEVER SHINES”!

OP-ED!

(Tallahassee, Florida) — Florida homeowners have been politely told to “stick it” by their state’s Supreme Court when it comes to statutes of limitations issues involving mortgage loans.  Frankly, given the joke that was the Beauvais decision in the Third DCA, I can’t much say that the arguments in Bartram were posited any better because any time you bring up a jurisdictional argument, the courts are going to jump all over it in favor of the banks.  When you have a Republican administration running things, it should be common knowledge to everyone that it’s “status quo” in favor of the banks.  So then, why do business with them?  The way things are all screwed up in the land records all over Florida, how do you even know WHO owns your loan with the right to enforce it?   By claiming a party is barred due to statute of limitations (according to Bob Janes, J.D.’s past teachings) issues, you are signaling to the Court hearing your case that the other party has a right to dispute those allegations.  So why plead them?  Because someone thought they should have a free house, they let the banks have another “bite at the apple”.  This is bad case law for Florida homeowners who think they should rely on this strategy ad infinitum, ad nauseum.  So what if I’m not an attorney, I can read the pleadings below, just like you can.  You read them.  Then you be the judge.

See the Florida Supreme Court ruling here: bartram-v-us-bank-na-et-al-fl-sup-ct-no-sc-14-1265-nov-3-2016

This case does NOTHING for standing however!  By showing the other side doesn’t have standing to be in the courtroom, you don’t need to rely on statute of limitations issues in the first place!   That works in every state of the union the last time I checked!

All one has to do is look at the case in chief on Page 3 (of the 35-page ruling) to see that Bertram didn’t dispute that he stopped making his mortgage payments and why, or if he even stopped making them.  Also notice that the Court “rephrased” the question brought before it … just because it was a “matter of good public policy”.   The bottom line is … YOU DON’T GET A FREE HOUSE, no matter how badly you think the bank screwed you over, or for whatever reasoning you may believe it was okay to stop making mortgage payments.  Given this “policy decision”, wouldn’t it be a novel idea if every homeowner in Florida just stopped paying their mortgage just to see what would happen and then challenge everything BUT statute of limitations?  I believe over half of them would win … and a move like that would effectively SHUT DOWN the entire court system in Florida!  With “policy” like this, the banks can just keep coming in over and over and getting more than just one bite at the apple.

Let this also signal to those of you contemplating a purchase of real estate in Florida, especially you foreign investors who have been told that the Sunshine State is “ripe for the picking”:  You’ll get screwed by Florida Courts as much as people who live here full time are!  If you don’t have the money to fight a protracted court battle, the first sign of financial trouble you have while living here or renting your property here, don’t be surprised if some bank doesn’t just pop it’s head out of nowhere and announce it’s foreclosing on your property!  That’s the way things are here in Florida I guess, because most homeowners I’ve talked to about their real estate dilemmas in Florida that have been to the Circuit Courts of this State felt abused by the courts.  After all, Florida judges have to pay for their homes too, with those retirement pensions vested in the very RMBS securities that caused the financial collapse in 2008 … so why shouldn’t you lose your home too?   All semblance of logic in the judge’s brain generally goes out the window when the banks’ attorneys say, “They just want a free house, your honor!”  This is why you have to be prepared to appeal.

Read the first paragraph on Page 4 of this ruling … where it says “dismissal of the foreclosure action against the mortgagor (that would be YOU, the Borrower) has the effect of returning the parties to their pre-foreclosure complaint status.  That means that the lender, without further adieu, can come in and keep repeatedly foreclosing, unless you can get a dismissal based on fraud on the Court, dismissed with prejudice, with sanctions in the form of the house (see U.S. Bank v Harpster for example).  In this case, the David J. Stern law firm secretary, Cheryl Samons, a law firm robosigner, affixed her signature to a document as Assistant Secretary of MERS and caused it to be backdated to before the notary’s commission was valid, thus, negating the assignment based on fraud.  Then-Pasco County Judge Lynn Tepper was not amused by the revelation of facts in that instance.

When securitization is involved, STANDING … and NOT statute of limitations … wins cases!  None of the indorsements on the banks’ notes are dated so there’s no effective proof of WHEN the transfer actually occurred.  Even if you do get your attorney’s fees back from the bank, this case just gives the banks (whether you argue statute of limitations issues or not) the opportunity to come right back in and attempt the same foreclosure all over again.

Let’s take another look at your security instrument, shall we?

The entire security instrument (in Florida, that would be your mortgage paperwork) should be recorded in the public record in the county where the subject Property is situated in.  The security instrument has all the terms and conditions contained in it.  It’s a contract between you and the bank that leaves you with little to NO ROOM at all if you can’t make your payments, from losing your property.

Most homeowners didn’t even read the mortgage before they signed it.  They just wanted the fricking keys to the house and then worry about making the payments later.  There is no deception here folks.  No one held a gun to your head.  Now we have “rephrased” case law that says the lenders can come in and outspend and outsource you until you cry “uncle”, so what’s the point of owning real estate in Florida?  If you can’t pay cash and own the property outright, you risk being foreclosed on AT ANY POINT IN THE OWNERSHIP GAME!

We have had cases where all-cash-paying homeowners in Florida ended up facing attempted foreclosures by the banks who claimed to hold a mortgage on their properties!  That shouldn’t surprise you, should it?

It’s a proverbial “cloud” over the Sunshine State!  But wait … this happens in every State in the Union because the banks aren’t really punished for their screw-ups.  The U. S. Government has legislated a deal to protect the banks (Title 12, U.S.C.A.) and set up a whole bunch of regulatory agencies to interfere with any homeowner trying to get a “leg up” to save their home.  Despite Bertram’s filing a quiet title action, he argued the note. That’s fatal mistake #1!  Title is title and note is note.  At best, the note would have been unsecured if Bartram would have been successful in expunging the mortgage.  But that’s not what happened here when the smoke cleared.

We’re not even talking about standing in this case, right?  It’s all about statute of limitations on debt collection, which Florida’s highest court has succinctly “rephrased” to fit public policy.  So far, there have been a lot of “take-aways” from this case.  Here are some links to thoughts from others (NOTE: Links may not work indefinitely.):

FROM THE BANKING SIDE:

http://www.bakerdonelson.com/Bartram-Affirmed-Florida-Supreme-Court-Provides-Guidance-For-Filing-a-Successive-Foreclosure-Action-Post-Dismissal-11-03-2016/

http://www.dailybusinessreview.com/home/id=1202771518004/Fla-Supreme-Court-Rules-for-Lenders-in-Landmark-Foreclosure-Decision?mcode=1394650389919&curindex=1&slreturn=20161005084547

http://www.lexology.com/library/detail.aspx?g=8f31a6c4-1a12-48b6-9acb-832d62806948&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2016-11-07&utm_term=

FROM THE HOMEOWNER SIDE:

http://bobhurt.blogspot.com

http://southfloridalawblog.com/breaking-news-florida-supreme-court-rules-on-statute-of-limitations-in-foreclosures/

While the legal implications are narrow, statute of limitations on debt collection in Florida might as well be chucked out the window as a winnable court argument if your home is in question because we all know who runs this government … the banks, right?  Seriously?

Most attorneys I’ve talked to say that the lack of standing is the key to getting your win in Florida (and elsewhere) because the courts have no jurisdiction to rule on anything when the bank doesn’t have a right to  bring a foreclosure action.

The problem is however, that:

  1. The banks have more money than you do and can outspend and outsource you (and your attorney) if the home is worth enough to them to steal (foreclose on using fraudulent documents);
  2. The banks still rely on messed up paperwork, so between the foreclosing law firm and the servicer, stuff is still getting “created out of thin air” to give the bank standing to foreclose; and
  3. The banks coming into court are generally, in reality, represented by their servicers, not knowing that they (the banks) are actually the named Plaintiff in the action, which is servicer fraud.  This has been ongoing for over a decade!

So the answer here is to:

  1. Stick to your guns regarding standing and show up in court and allege the lack thereof;
  2. If you’re going to retain counsel, get an attorney that really knows about foreclosure defense and is up on current case law; and
  3. Have an “end game” (Plan B) in case you run out of money.  This doesn’t apply to the 95% of you that run away at the first sign of trouble.

So be it.  I doubt this will be appealed to the U.S. Supreme Court, so it looks as if Florida is stuck with this decision.

 

 

 

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FORENSIC COUNTERMEASURES

(Op-Ed, Financial Education) — The poster of this blog is not an attorney and the information portrayed here is for educational purposes only and should not be construed as legal advice. Kudos to Washington State attorney Scott Stafne for posting this where I could obtain a copy of it in my travails in research!

The title of this post reflects what I’m about to share with you, which you should read at least twice over before making any assessments in your case.

Most folks do not realize that when the proverbial “ca-ca hits the fan” that these types of countermeasures may be necessary to defeat the “other side’s” claim to note ownership.  In an attempt to show that the title documents (the assignments in the land records) do not match the chain of custody of the note, one may have to go a step further in evaluating the legitimacy of the note. It is implied here that once the loans were electronically uploaded into the MERS® System, they were shredded because they were trading on the secondary markets electronically and their original versions weren’t needed anymore.

Anyone reading this post should understand the following:

(1) It is safe to assume that prior to closing your loan, your loan could have been sold as many as NINE TIMES (or more in some cases)!  This means that your originating lender, who many times is just a corresponding lender (5% of their own money into the “game”) was paid off BEFORE the closing actually occurred, which would appear to indicate that the document (the mortgage or deed of trust) on its face is false because it does not state that the lender was paid in full prior to closing.  It only shows where your loan originated.

(2) It is also safe to assume that some investor funded your loan and you don’t have any idea who that investor might be because everything is hidden from you!  Regardless of that fact, the issue remains that the banks will falsely assert that you have no right to determine WHO was involved on the “other end” of the financing spectrum, even though there is convincing research that shows the borrower is actually a party to the securitization process because without their monthly payments, the securitization chain would break (massive defaults in any given tranche within the REMIC after 90 days), the REMIC’s sponsor (who already made side bets that your loan would fail) would cash in on the credit default swaps it placed, plus the default and title insurance policies it took out, which would appear to indicate it was paid in full, and then some, for your loan, yet did not apply any of the proceeds to it, but rather went to the strip club and indulged in some blow, booze and hookers, including all those “friends of Angelo”!

(3)  The reason lenders use the “MERS® System” is because they intended on securitizing your loan and the actual process started when you submitted your Form 1003 loan application! The title documents in your “chain of title” will reflect something totally different than what actually happened on Wall Street (the secondary markets).  Many attorneys and researchers I work with surmise that it was at this point (when the MERS® System was utilized), that parties whom you did not authorize to have your personal identifying information were involved in an apparent massive conspiracy to commit identity theft against you by farming your information out to “the system”, where every subscriber has access to your information, whether you gave permission or not for them to have it!

(4) The banking cartels play by numbers and they know that very few of those getting subprime loans have the resources to wage a legal battle in the court system! This is one of the reasons why they “got out ahead of it” when it came to setting case law involving shutting down the “back end defenses” to securitization, which are now the subject of much litigation in the “sand states”, especially Florida and California.  Anyone reading the Glaski or Saldivar cases can certainly understand where this poster is going with this. These are standing cases!  California homeowners have been getting repeatedly screwed over with non-judicial foreclosures committed by servicers and alleged substitute trustees who (if legally bound to do so) could NOT prove they have any real interest (financial or otherwise) in your property.

(5) Forensic countermeasures may be more relevant if Fannie Mae or Freddie Mac claim to own your loan! Many forensic analysts have told me that once Fannie or Freddie (who I believe were involved in the setting up of the MERS® System to hide their own misdeeds) have your loan, utilizing these types of strategies may be the only means of “shutting down” their claim of note ownership!  In of itself, undated indorsements have also become a major part of the appellants arguments in homeowner-won foreclosure cases, as the other side can’t prove “effective date of transfer” of the note.

It is for this reason that I found that the following document may be necessary to consider when planning your litigation strategy: FORENSIC EXAMINATION OF NOTE

Keep in mind that 85% of all property owners who found themselves facing foreclosure packed up and moved, leaving their home vacant.  This violates their mortgage or deed of trust, based on the fact that they warranted they would live in the property.  It also warrants the issuance of an IRS Form 1099-A, which represents abandonment, as much as this poster still regards the illegality of that in of itself!

The remaining 15% of those property owners who did stand up to the banks dwindled the more they were challenged.  Ten (10%) per cent more of them gave up due to running out of funds and/0r the fundamental fortitude to defend their property once the proceedings either started or were challenged in the courts (including non-judicial proceedings that went judicial when the property owners filed suit to stop the foreclosure).  The remaining five (5%) per cent of all homeowners either have been beat down or are still fighting a war that has placed them in a condition of financial suppression, all by design.

These forensic countermeasures cost money.  This poster has other avenues of approach regarding research into the loan itself, even though he specializes in chain of title and quiet title research.

This is one of the reasons that this poster is working on a new book, which he believes to be fundamentally necessary in educating homeowners on how litigation strategies have shifted towards FDCPA-type filings as a means to build a “war chest” to fight the banks.  This book is taking more time than thought because of the voluminous content of case law but is anticipated to be out before year’s end.  There is more to the entire securitization scheme once “fraud on the court” issues become present!

In the meantime, it becomes necessary to plan your litigation strategy if you intend on staying in your home with the intent to “fight the monster” because the judges across America are convinced that their retirement accounts will be jeopardized if they rule in your favor, which I believe is far from the truth.  The foregoing “forensic countermeasure” is just one avenue you may wish to consider.

If I didn’t care about you and your situation, I wouldn’t be posting these types of articles! 

And the truth shall set you free … God’s speed!

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Filed under Chain of Title Education, Financial Education, Op-Ed Piece

CHICAGO QUIET TITLE WORKSHOP: THE REAL WAY TO CELEBRATE MEMORIAL DAY WEEKEND!

BREAKING NEWS!: 

The next planned Quiet Title Workshop is slated for Saturday and Sunday, May 28th and 29th, 2016 in Chicago at the Radisson O’Hare Airport Hotel in Des Plaines, Illinois from 9 a.m.to 5 p.m. both days.

The planning of this event still gives you time to take morning flights out to spend with your families on Memorial Day, despite the fact that many Chicagoans are expect to attend this event.

All attendees to this Workshop will receive a FREE COPY of The Quiet Title War Manual, along with a 16GB USB flash drive which is loaded with seven years of research on quiet title actions and foreclosure defense information and case law you can share with your foreclosure defense attorney!  We even anticipate that a few foreclosure defense attorneys will be attending this event, so it would open the doors for great networking possibilities for you, the student of quiet title.

Education is important, especially when it comes to legal issues.  No matter what time of the year, if you are in property distress and/or facing foreclosure, you owe it to yourself to invest in your future by attending this workshop!

Here is the flyer for the Chicago Quiet Title Workshop: QT WORKSHOP FLYER_CHICAGO_2016

Here is the registration form for the Quiet Title Workshop: QT WORKSHOP 2016_CHICAGO_REGISTRATION FORM

We’ve also included a syllabus containing the schedule of topics discussed by myself and Quiet Title Superlawyer Al West: CHICAGO QT WORKSHOP SYLLABUS

There are a limited number of seats to this event.  Because the workshop is slightly more than thirty (30) days away, we suggest that you plan your schedule for that weekend accordingly and make plans to attend this invaluable workshop! 

Homeowners: The information you learn in this workshop will make you more knowledgeable about the subject matter than most attorneys who dabble in real property law.

Investors: The information we offer in this workshop is designed to help you avoid tens of thousands of dollars in legal fees in investing in or defending your already-acquired investment properties.

Paralegals: Who has more of a handle on actual case files than you?  The step-by-step procedural handouts we offer in this class will help you to be the best paralegal you can be!

Attorneys: Quiet title actions, when properly and timely filed, can be very effective when done properly.  Attorney Al West shares with you the latest strategies that he has developed to secure quiet title wins for his clients!  Put aside any preconceived notions, because we know you haven’t heard of a “C & E” … and this is one strategy in winning a quiet title action you don’t want to be without!  This will save you time and expense in winning a quiet title action!

What a unique holiday plan!  

Again, despite the fact it’s a holiday weekend, we must take pause to recognize that Memorial Day does not just reflect on the service and the sacrifices that our veteran’s made, it also commemorates the losses we have suffered as Americans in the wake of foreclosures that have swept this country and continue to plague our very existence.

Visit the Clouded Titles Website and register for this once-only area event!  When you book your hotel sleeping room, ask about our Quiet Title Workshop sleeping room group rate, accompanied by a FREE full breakfast each day of the event for those booking sleeping rooms at the Radisson!

Al West and I will not be back in Chicago again, so this would be the time to plan your picnics and other celebrations around the Quiet Title Workshop!  Become empowered!   Learn to effectively fight the good fight!

Will you be proactive or reactive?

Millions of Americans have simply given up fighting a foreclosure of their home.  They didn’t plan for this eventuality.  They were promised something that eventually they could make good on: a mortgage loan that was unaffordable and at best, predatory in nature.  When push comes to shove, we believe that your original note and mortgage were digitally uploaded into the MERS® System … and then shredded!   Most Americans do not realize this!

The Illinois courts (as well as courts in other areas of the country) appear to NOT be homeowner friendly because desperate, uneducated homeowners don’t understand what is required to defend their properties.  Instead of fighting the right issues in a timely manner (proactive), they wait until it’s too late and cling to whatever ideas they happen to glean from the Internet (reactive) in an attempt to save their homes.  A majority (85%) of them run away.  This is what the banks want!   Most flee their situation because of a lack of education!

If you’re still paying on your mortgage in a timely manner, this workshop is for you, especially if you have a MERS-originated mortgage!  We’ll give you the educational tools you need to do your research to “fight the good fight”!

Please also understand that Al West, Esq. is a sincere friend of the homeowner.  He has won dozens of quiet title actions and has taken time out of his busy schedule to educate homeowners to “get ugly”!  His time is extremely valuable, so it should come as no surprise that our 2016 tour is a highly precious commodity!   Technically, you have less than 30 days to decide what is important to your future.  Make good choices!

 

 

 

 

 

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Filed under Breaking News, Quiet Title Education