Tag Archives: mortgage

STOP WALLOWING IN SELF-PITY AND START FIGHTING BACK!

Op-Ed — The author of this blog (Dave Krieger, not the same “Dave Krieger” that got fired from the Boulder Daily Camera for speaking out against the newspaper’s owner, a hedge fund that he claimed was the ruin of his daily newspaper, where he was an editorial columnist, against the orders of the publisher) has written four consumer-related books and four legally-related manuals on debt collection, credit restoration, foreclosure defense and “end game” strategies.  The purpose of this blog is to encourage activity through education and not to render legal advice. 

Woe is NOT me!

I write this post to convey a thought process that had not only entered my mind at a point in time back in late 2002, but I also had to consider that other American homeowners have also had this same thought process under similar circumstances as frequently as the moment you’re reading this post.  My intention here was not to write this in a demeaning way, for we are human and as humans, we make mistakes.  I wrote the book Clouded Titles because I made a mistake and I wanted to learn from it through research.  I self-published my first version of Clouded Titles in December of 2010 after two years worth of research into what in the hell was going on across America, partly because no one else was rising to the occasion and I saw a need for getting this research out there.  Someone had to say something … and no one was. Once I published that book, I was no longer a victim of that mistake.

I have been accused by some of being an opportunist.

If you think that selling copies of a self-published book is a way to get rich or was my only purpose for making money in handing out information … the real reason I did this was because time is money … and over time, I’d lost a lot of money.  Printing copies of the book cost money, which is why self-publishing is so expensive and many times will stop a person from publishing a book.

I further had to reflect on the ways that homeowners (as borrowers) became discouraged and then confused when they further wade out into the “river of cures” for their situations, only to find charlatans and thieves waiting to take their money and run. This includes foreclosure defense attorneys, many of whom have figured out “the delay game” and recklessly charge for that. While it is true that there are many attorneys who continue to educate themselves as to how to fight the banks and are successful in court, they are far and few between. Many of those attorneys who stand up and fight, get knocked down.  Some of them are disbarred for doing the right thing by their homeowner-client.

This is part of the confusion that the banks absolutely love, because they’ve already “gotten ahead of this” legal game they are fighting by having Congress and our state legislatures create laws to help banks and hinder homeowners.  Thus, when the confused homeowner finally realizes he’s been duped, he becomes angry and this is where the real problem begins because all rational logic and common sense about litigation goes out the window.  Now the angered homeowner “knows everything”, even though he didn’t go to law school.

They just want a “free house”, your Honor! 

This statement has been recited in open court tens of thousands of times by foreclosure mill attorneys, while the uneducated homeowner sits there with his thumb up his ass!  Why didn’t you or your attorney object?  Oh … you didn’t know you could do that?

I’ve discovered there were people who became “entitled”, thinking that all of the research I did should simply be handed to them for free because “they deserved it” and that if I really wanted to help homeowners, I would just hand out all my research for free.  THAT mindset is what got me into trouble in the first place.  That is part of the “self-pity” phase that will get you into trouble if you let it.  My first mistake was to put my first version of Clouded Titles out in pdf format, which was available for $19.95, which was subsequently purchased and downloaded all over the internet for free through the homeowner foreclosure networks.  My intention was to use the proceeds from the book to do a national tour, offering free, daily workshops for homeowners in 50 cities, but as a result of this “entitlement”, THAT didn’t happen. I learned NOT to make that same mistake again, because it costs for me to research and publish and my time is worth something. Your time is worth something too. Stop thinking it isn’t.  THAT thinking got YOU into trouble because it was at that point YOU became a victim and became discouraged.

I have been accused by some of giving false hope.

Albeit, God only helps those who helps themselves, but I liken this scenario to being slapped around for trying to do the right thing.  If you are facing foreclosure or are in the middle of it, then I have walked in your shoes and I do not deserve to be treated as if my voice should be silenced because I chose to stand up and fight.  I thought this was America and this is what Americans do when there is a wrong that affects the masses and Congress doesn’t want to listen.  Apparently, there are some out there that think I’m trying to get rich off of the backs of struggling homeowners and that was never my intention.  This is one of the reasons I volunteer at WKDW-FM Radio and have a consumerist show called City Spotlight – Special Edition, where I’ve spent over a year, discussing my research (along with my frequent co-host, R. J. Malloy, who is a retired attorney and former law clerk to a U.S. District Court judge) with listeners (and attorneys who listen to my show).  My show, which is 55 minutes in length, airs every Friday at 6 p.m. EDT and repeats every Monday at 2 p.m. EDT.  I have talked in greater detail about a lot of the stuff I teach at my workshops (chain of title, foreclosures, corruption in the court system, etc.). You can listen live just by going to the website and clicking LISTEN LIVE … for free!  (You get to pay for internet access, as NOTHING is for free!)   

I regularly donate money to keep this radio station going, as it is listener-supported community radio.  If I make anything off of my program, it will be because it may be syndicated in the future.  I will continue to donate part of those proceeds back to the station to keep it running.

BUT!  Why should I continue to do that if you don’t care?

I have had any credibility I sought to build (through my efforts to educate and speak out) attacked by MERS, the banks, law enforcement and the media. 

This goes to show you that in life … no pain, no gain.

Even if you have pain, the first thought entering your mind is to give up and run away.  Others have tried that and failed miserably.

I have learned that when you run … you fail!  Throughout history, Americans who ran from a fight ended up being taken prisoner and we have all been enslaved in debt in this country to one extent or another.

I became aware that as early as 2011, bank attorneys and information technology employees working for the banks and MERSCORP, Inc. nka MERSCORP Holdings, Inc. (and its wholly-owned subsidiary, Mortgage Electronic Registration Systems, Inc.) were monitoring my every activity, from radio shows to TV interviews to blog posts.  They do this for a reason. They want to know if authors like myself are saying anything defamatory about them or spreading false rumors about them.  They also wanted to monitor my “educational output” because they want to know HOW homeowners were being taught to fight back and what they could expect.  This further educated them as to HOW to counter attack homeowners in court.  This blog post and my radio show are not the only outlets being monitored either.

Because of my sharing of this research to the Texas Clerks’ Association, my team and I were retained by Nancy Rister, who is still the County Clerk of Williamson County, Texas, to conduct an audit of her records (see the link below):

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

As a result of the release of that “Audit”, then-MERSCORP, Inc. CEO Bill Beckmann bought almost a full page ad in the Austin American-Statesman, on February 7, 2013, attempting to refute the contents of the 179-page report.  I knew for sure that this so-called “MERS”, by whatever definition, was watching the goings-on and the public reaction to my research and the results of the report.

As soon as the OSCEOLA COUNTY FORENSIC EXAMINATION was released to the public, the media outlets (who I suspect were spoon-fed information by the Osceola County Sheriff’s Department, in violation of F.S.A. § 400) proceeded to attack myself and Osceola County Clerk of the Circuit Court Armando Ramirez because of my “colored past”.  This is all part of the sacrifice I had to make … and some of the disgruntled homeowners, naysayers and gainsayers proceeded to jump on the bandwagon … people who I thought were fighting for homeowners … and attacked me as well by furthering the misrepresentations contained in the media news outlet reports.  You see, this is all part of a process known as “demonization”.  It’s what the “system” does to those who protest in order to “keep them in line”.

I do not care what some of these gainsayers have said (including referencing my “bolting from a news conference” I elected to speak at like “O.J. Simpson in a Hertz commercial”) because it became obvious to me that they were just out to get publicity for themselves at my expense.  Several attorneys who read the 758-page Forensic Examination wanted to sue the gainsayers for defamation, but I told them that what they did was part of the cost of “getting the word out”.  They can say all they want, but the truth is out there.  Bad press is still press.  So the next time you see those assholes, and you know who they are, thank them for the further misinformation and bad press, because it furthered my cause.

The banks and MERS reacted to it.  Law enforcement reacted to it.  The media was spoon-fed 20-year-old information so they could take up a political agenda against the Osceola County Clerk, Armando Ramirez.  Soon after the reporter wrote the scathing article, he quit the Orlando Sentinel.  The Osceola Sheriff whose detectives I suspect leaked the information to the media in violation of state law did not seek reelection.  What should that tell you?  It pays to fight!

Here’s the thing … we’re Americans.  A large number of us fought and died to preserve our rights under the law for the rest of us ever since the history of this great land of ours began.  Have we forgotten what history has taught us?

The world doesn’t end just because you got “served” with notice of foreclosure … so … I have to wonder why the percentage of homeowners who “run away” is so high.  

It does not matter whether you’re in a “deed of trust” or “mortgage” State, the bank (or its servicer) HAS TO serve you with notice that your home will be advertised and sold on the courthouse steps on a given date in time or in the alternative, if you don’t show up in court, you will be found in default and could lose your home anyway.  Sadly, 95% of Americans who get “served” with foreclosure notices pack up and move.  They run from a fight.  No matter what.  They too suffer the end result of 7 years of bad credit or continued attacks by third-party debt collectors who bought their deficiency judgments from the banks, post-sale because they chose to be a victim.

I refused to be a victim … and I changed my scenario! 

No bank can ever foreclose on me.  I live quite comfortably through my own efforts and not because I “fleeced” money out of disgruntled homeowners on a regular basis.  I pay for this website to post blogs.  I offer workshops that I have to charge for to cover the expense of bringing in attorneys to teach foreclosure defense information to struggling homeowners.  I only do this once a year, when and if the need arises. I saw the recent uptick in foreclosures announced by Black Knight Financial Services and THAT, my friends, precipitated my need to pay attention to trending activity on the part of the conniving megabanks banks who appear to be in control of Wall Street and the secondary mortgage market.

If the percentage of homeowners who ran away from their mortgages (and their homes) was only 25% (and not 95%) … and everyone knew the rules of evidence and civil procedure (as foreclosure mill attorneys do), then there would be no need for me to even continue this blog post, let alone host seminars. However, the uptick in foreclosures has regenerated the need to help homeowners again and this is why there was a need to set up a workshop.  The foreclosure activity against American homeowners will not stop until the banks and Congress have all turned us into a nation of renters and debt slaves who can be controlled by the hierarchy.  The league of those who believe that they know more than we do is called an oligarchy.  Frankly, this “league” is there because they’ve already figured out that if you have money (and lots of it), then they can be in control of not only their lives, but the lives of others also, including yours.

I am still “in the fight” and I am mortgage free, even with my “colored past”! 

You have to understand that at some point in time, through a decisive action plan of steps, you can finally see the “light at the end of the tunnel”.  If we were taught to live by example, then why weren’t we financially educated in high school?  Today’s financial education is still “missing” or “lacking”.  I believe this is deliberate.  Media advertising is still deceptive to a  degree because it lures people into using credit to “buy now and pay later (with interest)” for something they should have saved for all along.  It seems that no one saves anymore.  We are so conditioned to impulse spending we’ve forgotten that principle.  Having equity in a home is also a form of saving, but even equity is FAKE until its realized through the fruition of sale of the property.  THAT should have been the American Dream … but it wasn’t, was it?  Over half of America is NOT prepared for perceived “retirement”.  That’s sad, even though they could do something about it.

Most people who are debt free (or even mortgage free) might simply just ignore the plight of all others who face the perils of foreclosure. So why am I still here?  Perhaps my own personal experiences have been either by best friend or my worst enemy.  I am constantly continuing to research and learn lessons from all of this.

Whatever the case, if you don’t know your rights, you don’t have any!  I may be missing some of my rights, but you do not have to be placed in or succumb to the same situation.  Your first ambition (goal) should be to learn HOW you got into this mess … and then learn HOW to get yourself out of it WITH AS LITTLE FINANCIAL DAMAGE AS POSSIBLE and with as little of a financial risk as possible!

So quit with the “pity party” and start looking for right answers through right thinking … and stop thinking like a victim.

THAT’S STEP ONE! 

Stay tuned for STEP TWO! 

 

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U.S. SUPREME COURT DENIES WRIT IN THE ROBINSON CASE AGAINST MERS!

BREAKING NEWS, OP-ED — 

On May 22, 2017, the United States Supreme Court declined to hear the matter of Daniel and Darla Robinson vs. Mortgage Electronic Registration Systems, Inc. and MERSCORP Holdings, Inc.   All the issuing order said is: PETITION DENIED.   The nation’s highest court does not have to give a reason for doing so.  In fact, out of all of the cases that were taken into consideration, only one case was accepted (having to do with a dispute between a large corporation and and small corporation).  This hardly seems like much considering the magnitude of repercussions surrounding the 9th Circuit Court of Appeals’ lame decision in favor of MERSCORP and its baby bastard child, Mortgage Electronic Registration Systems, Inc.

As a courtesy, to those who are NOT in the know, I am providing you with the goods, so America can see where it has been truly f**ked:

2017.03.15 Petition for Writ of Certiorari (Robinson)

2017.04.17 Respondents’ Brief In Opposition (MERS)

2017.04.28 Petitioners’ Reply Brief (Robinson)

What this means?

According to the U.S. 9th Circuit, if MERS (not to be confused with Mortgage Electronic Registration Systems, Inc.) is listed on your mortgage or deed of trust document, you have to notice them as part of a quiet title proceeding, otherwise, you violate their due process rights to notice.

The 3-1/2 page ruling by the 9th Circuit was a total disappointment, not just to the Robinsons, but to America as well.

The repercussions are mind-blowing!

The U.S. Supreme Court filing (the Robinson’s Writ of Certiorari) is now a matter of public record.  This, MERS and its baby bastard child cannot get away from.  Congress will now study this Writ, as I anticipate it’s going to be circulated all over the place, especially at Sen. Elizabeth Warren’s camp.  If anyone has a hard-on for the banks and MERS, it would be her.

There is such a conflict between the federal circuits and the state supreme courts, the repercussions boggle the conscience.  To date, the only “injury-in-fact” MERS and its “shell corporation”, Mortgage Electronic Registration Systems, Inc. can claim, is that they were “injured” to the value of the mortgage loan.  OMG!  MERS nor Mortgage Electronic Registration Systems, Inc. never loaned anyone any money!

But wait, they’ve never actually had to prove that injury anywhere in any case I’ve ever read up on!

In fact, the federal courts, especially in Robinson, let them get away with NOT proving an “injury-in-fact”.   There is nowhere in the Robinson’s deed of trust where it says that MERS was entitled to notice.  To the extreme, the Tennessee Supreme Court, in the Ditto decision, gutted the MERS business model like a chicken:

MERS v DITTO_TN Supreme Court rules against MERS!

You can bet that MERS’s PR machine will glorify itself with another “win” over this, just another way to promote its business model to its members, that such a model can even sustain a denial of a Writ to the Supreme Court!

I say … we may have lost the battle, but not the war.  This “war” is not over yet.   There are still criminal aspects to consider …. not just both civil and criminal conspiracy to steal real property from millions of Americans.  The business model that MERS has touted as so wonderful in saving its “members” time and money is really just another way for mortgage loan servicers to hide their misdeeds.  There is still a movement afoot to get the matter involving the OSCEOLA COUNTY FORENSIC EXAMINATION in front of a grand jury.  We’re not done there yet.

I maintain that Osceola County (per se) and its insurer does not want this matter before a grand jury because the county will be found civilly liable for tens of millions in damages for illegal evictions of homeowners wrongfully foreclosed upon because of the bogus, self-serving documents recorded in person, as well as by mail and electronic transmission (mail fraud, wire fraud).  For those of you who know me, you know I know what mail fraud and wire fraud is.  I am not going to gratify MERS by elaborating on that thought and it doesn’t matter anyway because it doesn’t involve the theft of your home.  Bogus document manufacturing is still ongoing and it needs to be stopped.

I personally don’t give a rat’s ass what MERS and its stockholder Wall Street-based corporations think.  My belief is that what they’ve done is create a vehicle for servicers and their employees to manufacture documents to give themselves standing to steal property because none of the servicers (or the lenders who agreed to allow them to collect mortgage loan payments) follow the rules.  The MERS® System is simply a platform for the servicers to post whatever they want to post to mislead the borrowers into believing one thing, when in fact, the matter is something totally different.  Not only does MERS NOT know what is in its system at any given moment, it has aligned itself with Wall Street to bolster its assets and financial soundness.

The Emperor still has no clothes! 

No one has ever challenged MERS’s agency relationship to its finite end.  Sure, some judges have taken it upon themselves to posit opinions about the lack of such.  Just because it say that the Borrower agrees that MERS is this or MERS is that, does not make it so.  The Borrower has no direct agency relationship with MERS, but allegedly, the Lender does. This also, has NEVER been proven in a court of law because the judges don’t insist on it because the Borrowers’ attorneys never bring it up!

Most Borrowers have no idea that when they see the term “MERS” used, it means MERSCORP Holdings, Inc. (the real “electronic agent”).  This is all part of the crafty wordsmithing that Robert M. Janes, J.D. wrote about in his paper, SHELLGAME MERS, Contrived Confusion.  But do most attorneys read this work.  Hell no!  They think they know it all about MERS when in fact, they know NOTHING!  Not one goddamn thing do they get right in compelling MERS to answer the meaning of Rule 1, § 1 of its own Rules (2009 edition).  If you don’t believe me, look at what happened in the In re Kunze case in the Kansas bankruptcy court!

TBTF?  Seriously?

I am convinced that the U.S. Supreme Court will lightly tread upon MERS and the financial institutions because the courts and Congress are bought and paid for by the banking cartels.  All of this congressional testimony is nothing more than a charade before the American people to make them think something is being done when in fact, nothing is being done.  It’s all a 3-ring circus in DC, including inside the Supreme Court.  Don’t think for one minute that the pensions and retirement funds of the 9 Supreme Court justices aren’t vested in RMBS’s.

When the banks own the system, Americans have been enslaved if they have borrowed so much as one nickel from any of them!

The word “mortgage” means, “payments until death”.  It was structured that way for a reason.  The Robinson case will not be the first case of its kind brought up for consideration to the U.S. Supreme Court.  Sadly, I predict the nation’s highest court will ignore those cases too.  This is the Court that the “will of the people” now have to deal with … a highly-politicized bench.

The banks are so powerful that they will continue to exist until Congress regulates them out of existence or in the least, busts them up into manageable pieces.  As long as the flow of funds by banking lobbyists into Congress through various foundations and trusts continue to bribe those claiming to “serve the will of the people”, the will of the people will never be served.

However, the servicers and their employees are entirely another matter.  America has been dealing with servicer fraud for over a decade now. There is no intent (by me or anyone else) to take down the major banks.  After all, the banking cartels have written legislation in place (12 U.S.C.) to protect them, insured by another corporation (31 U.S.C.) to convince a sleeping populous that their deposits are insured.  What a joke!  Corporatism at its finest, folks!

The servicers and their minions … and MERS … are my personal targets!

This is what the Osceola County Forensic Examination truly exposed. No government prosecutor wants to go after them because they will be hit with, “we cannot afford to take down the banks”.  This is total bullshit.  Look at what has happened with Ocwen (that’s NEWCO spelled backwards), post-April 20th.  I just completed a 50-page research paper on Ocwen and it has opened my eyes to the fact that we have a servicer here that has admitted to the U.S. Government that borrowers are not in default if they miss making their mortgage payments.  Ocwen’s CEO (Ron Faris) has admitted that it makes the payments for them!  When it runs out of money in one area of accounting, it robs it from another area to “make things work”.  Therefore, the REMICs that come into court (really the Servicers claiming to represent the REMICs) did not suffer an “injury-in-fact” because the Servicers continue to make the Borrowers’ payments.  So why won’t the courts believe borrowers when they “spill the beans”.  Because the judges are owned by the banks too and many judges own stock in various major banks, which is truly a conflict of interest.

Wise as serpents! Harmless as doves!

Now, we have several different ways of compromising the servicers’ legal war chests.  It’s really the servicers you’ve been dealing with in the courts, not the lenders.  The attorneys for the banks are lying about who they represent and have been for years.

It’s bad enough that when MERS and the banks get sued by Borrowers, the U.S. government is informed of such by Consent Order (04.13.2011).

Now everyone (at least in the 9th Circuit) has to sue MERS (by notice or otherwise) to involve them and their bullshit lying to the judges in this country about how wonderful they are and misrepresent the language contained in the contract the Borrowers’ signed.  If you live in Tennessee however, that state’s Supreme Court is not done dealing with MERS.  I pray for the safety of that Court, because God knows what MERS and the banks will do to them and their families for taking a stand “against the monster”.  Will they capitulate?  Will they end up murdered?  Only time will tell.

For those of you who want to learn some “End Game Strategies” to beat the banks at their own game, keep your eyes on Biloxi, MS in July.  It’s kind of like Jekyll Island in reverse.  There are some homeowners who have succeeded in beating the banks using strategies never before plied upon the courts and the courts have given into them because of irrefutable evidence.  I am not going to elaborate what those strategies are on this blog. I’m not giving you free shit that you can go and abuse in court.  It’s enough I’m posting this article, given my reluctance to tell the banks and MERS anything because they read this blog!  However, you will learn these strategies by attending this workshop!  Here is the information I promised: END GAME STRATEGIES WORKSHOP

Believe me when I tell you they are monitoring this site.  Don’t bother posting comments on here, as I will not approve them.  If you have something to say, email me through the Clouded Titles website.  For those of you who think I’m just on here to sell shit, I feel sorry for your attitude of entitlement.  We all have to work for and represent something useful in this life, don’t we?  Otherwise, life is meaningless.

We have FDCPA Webinars slated on the Clouded Titles website.  You can go there and check it out.  The first of four is June 1, 2017.

For those of you whose credit has been tarnished as the result of your skirmish with the banks, check this site out: FES

 

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