Tag Archives: nexus

GUTTING THE UNDERBELLY OF THE BEAST – PART 4

(OP-ED, first posted: September 4, 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.  By the end of this “series” of posts, you should understand what RISK is! 

WHY INSURANCE COMPANIES ARE “RISK AVERSE”

Like most of us who take the time to analyze the “odds” (remember the Hunger Games … “may the odds be ever in your favor”?), insurance companies make money betting on sure things.  They don’t like paying out claims.  They won’t insure individuals who may have a propensity to do “crazy shit” (like skydive, bungee jump, etc.) that might result in a serious accident or death.  They won’t insure companies that have a higher risk than normal for being sued (for committing fraud, etc.).  They also make exceptions to items within “the system of things” concerning real property, which is where this part of the evisceration of “the system of things” takes place.

SCHEDULE “B”

If you’ve ever looked at a “Schedule B” in an Homeowner’s Indemnity Policy, you will see that things that aren’t recorded in the public records as part of a chain of title are exempt from coverage. Heck, if you’ve looked at a number of the exceptions on that portion of the policy, virtually everything that you could imagine, from encroachments against a registered legal description, riparian right or legal description changes due to accretion or avulsion, virtually every obvious thing that could be insured, isn’t.  Then what is the policy worth spending extra money on?   Because the insurance companies are willing to bet you won’t ever file a claim on anything having to do with title.  That’s a sure moneymaker to them.  Anything that has alleged “coverage” on it (or so you thought) is probably exempt thanks to “Schedule B”.  Get your title policy out and look at Schedule B and you can easily spot what I’m talking about here.  This is how insurance companies make most of their money.  They exempt issues and activities that could result in them having to pay out claims.  The insurance companies really didn’t understand the “risks” that were played on them in the securitization game either, which is why they filed lawsuits against many of the REMICs’ sponsor-sellers when they realized the “game was rigged” in favor of the banks. They were paying out too many claims on the seller’s title policies because the chain of title was all screwed up.  As history has shown us, the sponsor-sellers of these REMIC trusts made off (Madoff) like bandits!

“BEAN COUNTERS”

This is why actuarial tables are developed by the “bean counters”.  Based on past performances of certain professions or activities, insurance companies know whether or not a certain profession is susceptible to risk; thus, the insurer having to pay out a claim to an injured party at some point.  The insurance companies have had years of experience in paying (or not paying) out claims to know which professions and activities present the most risk; thus, they become “risk averse”, meaning, they run away from risk.  It’s like the little guy who has a chance to walk away from a fist fight with a big guy twice his size.  Not every scenario presents us with a David versus Goliath option … and that’s the battle homeowners have been fighting.

AGENCY, NEXUS AND CIVIL CONSPIRACY

Now we come to the part in the “story” where you are dealing with a foreclosure.  Since I started doing research into “clouded titles” and discovered that part of the equation included the recording of certain documents, which make up a property owner’s chain of title, many of these documents appeared to have presented a certain “risk” of being challenged as to their validity.  I don’t have to spend time (here) wasting the effort to explain the 2008 financial collapse and the resulting “cause and effect” of what was finally unveiled to Main Street … securitization … and the sloppy paperwork (or the lack thereof) that eventually crept its way into every county’s land records throughout the entire United States.  Anyone that understands “robosigning” or “document manufacturing” or has read Clouded Titles knows what I’m talking about here.

As was revealed in both the Williamson County Real Property Records Audit and Osceola County Forensic Examination that my firm conducted, despite the fact that the mortgage loan servicers all agreed NOT to produce phony documents and record them in the land records in an attempt to “create standing” to foreclose, they’re still doing it anyway to this very day!

Each one of the parties involved in any Assignment or Mortgage or Deed of Trust had to establish a contractual relationship with one another.  By signing agreements to provide certain provisions for each assignment, a “nexus” (or connection) was created that could tie all of the participating individuals or entities together.  Each individual working within a company acts as an “agent” (or representative, whether an employee or independent contractor) of the principal.  Agency is thus established by the party granting the status (the “grantor” of anything) within “the system of things” … NOT the Grantee (the agent).  The agent however, in tandem with other agents from other nexuses created by outside party contracts, can be held liable for misrepresentation on a document and so can the principals themselves.  If you sign an insurance policy and claim that you do not engage in activities that are “risk averse” and you go out and commit suicide (for example) within a 2-year period, the insurance company will not pay because they learned quickly (ab initio) that people who find themselves destitute (such as in the crash of 1929), take out a life insurance policy with whatever money they have left and then kill themselves (by jumping out a window) believing that their heirs will get money from the insurer, quickly got the attention of the insurance companies, who quickly developed a 2-year waiver of indemnity for killing yourself and conveniently called it a “suicide clause”.

When two or more actors are involved in the creation and execution of a document, each party becomes suspect (NOT GUILTY UNTIL PROVEN GUILTY) as to taking part in what could be alleged to be a civil conspiracy.  I think many attorneys doing foreclosure defense have missed that part of the equation because they don’t bother to depose EVERY AVAILABLE PARTY that is represented within any given document being used as evidence against their clients.  Why?  Because depositions start at somewhere around $3,000 apiece and most homeowners don’t want to spend that kind of money.  The “other side” will bring their attorney into the mix, who will object to virtually every question asked that is posited to prove that a contractual relationship existed somewhere, with the intention of thwarting anything discoverable that can be used to defeat the foreclosure or to seek damages.  I also believe that many (not all) foreclosure defense attorneys are inherently lazy and would rather do the business model of “the taking of people’s money” [not necessarily at this firm (below), for which I find their name symbolic] and eventually watching them lose their homes anyway:

Not every state actually has a “cause of action” for civil conspiracy; however, every state has a cause of action for …

NEGLIGENCE

… and this is where “the system of things” starts to get interesting.  When the same group or groups of individuals misbehave and participate in document manufacturing scams that deprive homeowners of their rights, they draw unwanted attention to themselves.  Take Bryan Bly, Crystal Moore and Dhurata Doko for instance.  They have all been deposed (more than once as I understand it from watching their deposition videos) and were asked questions about their “risky behaviors” in creating assignments of mortgage and deeds of trust.  At the time these three were deposed, they were all employed by Nationwide Title Clearing, Inc. of Palm Harbor, Florida.  By virtue of the name used, one should be able to assimilate what they mean by “title clearing”.   In fact, this company boasts (online) that it has been involved in the recording of over 16,000,000 documents since its inception.  It’s kind of like the McDonald’s of document mills (over 16-million served).  In my book, that’s not something to brag about just to get clients. In fact, one of Core Logic’s attorneys (in a webinar I was privy to) declared that companies making up documents to “clear title” or “assign or transfer” mortgage loans or notes had better be careful in what they create and attest to for fear of retribution under the laws covering the Unauthorized Practice of Law (UPL), which is a felony in every state that has such a statute covering this “risky behavior”.   Thus, one who KNEW OR SHOULD HAVE KNOWN that the behavior they’ve engaged in constituted a felony, could be deemed negligent.  This also goes for attorneys working for the banks that are “suspect” for participating in the “process” (after recording, return to the ABC Law Firm). The law firm’s apparent involvement in creating (or directing the creation of) an assignment in order to foreclose becomes a party to the civil conspiracy.

Every attorney is bound by a state bar association’s Rules of Professional Conduct, each of which is drafted (in whole or in part) according to the national substantive rules promulgated by the American Bar Association.  There’s a section on “Misconduct”, which can be used to punish attorneys who come into court and commit certain misdeeds, like relying on or making false and misrepresentative statements (in the court record or in open court).  These attorneys are held to a higher standard, where they KNEW OR SHOULD HAVE KNOWN that what they were attesting to in writing or orally in open court, could be held against them personally and they could be held liable for their negligent behavior.

ENTITY REPRESENTATION

In “cutting to the chase”, banks and mortgage loan servicers (and title companies or document manufacturing companies who are working with them in creating documents to “clear title” or “create standing”) HAVE TO have a law firm representing them in court; otherwise, they can’t appear.  If we use “the system of things” to “hold the attorney and his law firm’s “feet to the fire”, they would naturally be discouraged from appearing in court to represent their “entity”, which may have used false and misrepresentative statements in a document contained in their foreclosure arsenal.  In other words, you wonder why law firms are “substituted out” right in the middle of a case?  Look at the case and seek out what the firm being substituted out might have done that created a liability for itself that it is trying to distance itself from.  The firms appear to be working in tandem to thwart any appearance of misbehavior that could be exposed for which they could, individually or as a firm, be held liable.  Which is why law firms have E & O insurance (errors and omissions).

It’s all about the insurance … and what’s not covered … that they’re worried about!   More details about insurance and bonding and the court’s responsibilities to NOT indulge felony behavior and the potential resulting liabilities for their actions coming soon to this blog post  … stay tuned!

1 Comment

Filed under I'm not posting any more stuff on here!, OP-ED, Securitization Issues

GUTTING THE UNDERBELLY OF THE BEAST – PART 3

(OP-ED, first posted: September 1, 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.  The author apologizes in advance for the graphic depiction of anything necessary (in the extreme) to shock your conscience into understanding that this is not recommended for you to try on your own. 

At some point in the equation, you are going to have to put your trust in someone that has (at least) studied “the system of things” and understands (basically) where it leads and how to approach it.

AGAIN … DO NOT TRY THIS AT HOME!  YOU’VE BEEN WARNED!  I am sharing talking points about a system here, not a boilerplate method where you get to exact revenge.  The following could be your end result if you attempt to do this yourself:

I just recently received a copy of the autopsy of Martin Wirth, a Park County, Colorado resident that was shot to death during an eviction process by the Sheriff’s Department. Another Sheriff’s deputy was shot to death, but after what I read in the autopsy findings, I find it hard to believe that Wirth had anything to do with the deputy’s death. After Waco and Tillman, we know that friendly fire deaths are indeed probable and cannot be ruled out.  In fact, the coroner’s findings were (from the Summary):

The autopsy reveals eleven entrance gunshot wounds involving the full spectrum of the back with a predominance of the mid-back. The autopsy further reveals five exit wounds involving the lower right neck and the mid and upper chest. A sixth exit wound is located in the upper abdomen, in the midline. At the autopsy, three bullets were retrieved outside the body. One bullet is found in the clothing related to the chest; a second bullet is found under the head while removing the clothing; a third bullet is retrieved from the body bag. Two large caliber bullets are recovered from the right and left anterior chest wall. One large caliber bullet remains deeply embedded in the left pelvis. The extensive internal injuries in this case associated with six anterior exit wounds preclude a precise definition of wound tracts.

For those of you who need an explanation, “anterior exit wounds” are sustained as the result of being shot in the back while running away from the gunfire!  How is one able to kill a Sheriff’s deputy while under siege, running out the back door of his home?  We have not heard the whole story. Was there a cover-up?  The news media reported that Wirth shot the deputies as they entered his residence.  They returned fire.  “Wirth died at the scene.”  (media reports)  What scene?  The autopsy said Wirth was found outside of his home on the ground.  How did he get outside (where the coroner’s report said his body was found) if he “died inside” upon return fire of the deputies?  There are a lot of unexplained scenarios here, ones the media can’t hold a candle to.

Based on what history has taught us, Wirth ended up being demonized in the media, just like Randy Weaver and David Koresh.  And let’s not forget Nevada notary Tracy N. Lawrence, who suddenly died of a 3-drug cocktail overdose on the day of her sentencing for one count of notary fraud (she offered to testify against two title officers of LSI Title Agency, Inc.).  Her death was ruled a suicide; however, I know dozens of Texas county clerks that would disagree with that finding because they were presented with those facts at the lecture series I presented to them in 2012. You could see their jaws drop. They were all shaking their head “no”.

You’re probably asking yourself why I intended to post this information.  I bring this up now because of the serious nature of attacking (on your own, because you think you can do better than someone with legal skill, knowledge and a law license) entities outside the scope of your foreclosure case.  I can think of a half dozen people that will ignore my warning here and risk ending up dead or in jail because they won’t listen to reason.  Sometimes I wonder why I even share stuff like this because it’s like giving a baby a stick of dynamite with a short fuse.  What you don’t know could kill you!  Did I scare the shit out of you yet?  You need to understand how serious this stuff is! I don’t know of any other way to emphasize what can happen to you if you self-implement, unless you’d care to Google David Koresh’s autopsy photos to see what an “end result” looks like!

Lest we forget, authorities came in and bulldozed over the “crime scene” at the Mount Carmel “compound”, obliterating any evidence.  A “compound” is defined as a 10′ x 10′ plywood shack (re: Weaver) or the average foreclosure victim’s home (re: Wirth) or the openly multiple-building, communal-style home (re: Branch Davidians).  Take your pick.  What’s behind Door #3?   None of them had fences and razor wire around them, so I have a hard time believing these fit the definition of a “compound”.  Oops!! I forgot.  That’s the term the government uses when it wants to demonize you in the media, so it can get the support of decent, hard-working, taxpaying voters who will support everything they’ve done under suspicious circumstances.

Now let’s get to the sum and substance of “the system of things” …

BONDS AND BONDING

Bonds can come in the form of cash or surety.  I want you to focus on these two and stop thinking about how the counties monetize bail bonds or bonds on their subjects they have detained or arrested.  This has nothing to do with the subject matter, but rather has evolved from Patriot-style behaviors, which I abhor, as this will get you put in jail or worse.

County judges and notaries commissioned by the state (or commonwealth) generally have to have a bond.  Some states do not require a notary bond; thus, the state itself may be held responsible for removing that requirement because a nexus was created when the Secretary of State issued a notary commission to the individual committing the crime (notarizing documents that contain false and misrepresentative information).  If the state doesn’t require a bond, then the notary is acting under the authority of the Secretary of State issuing the commission and thus, we would look to the state to cough up damage money as the result of felony behavior before the court.  What I’m talking about (in brief) here is the idea that bonds can be attacked; however, THIS TOO has to be done properly.  Every “punch line” HAS TO HAVE A “set-up”!

When a cop shoots somebody, what happens?  The cop is generally put on administrative leave while an investigation takes place.  Then a decision is made as to liability (whether the cop should be charged with murder or whether the shooting was justifiable).

What happens when a judge is required to have a bond and tolerates felony behavior in his court?   If someone challenges his bond, he may be placed on administrative leave while an investigation takes place and liability is determined.  There is a right way and a wrong way to even get close to challenging a judge’s bond.  Don’t think that attacking a judge’s bond won’t create statewide attention BECAUSE IT WILL!  Within 24 hours, every court official in the state will know it happened.

PATRIOT-STYLE CRAP

Some people think that filing liens against a judge is cute and that the judge will get his comeuppance.  THIS will get you a jail term, or worse.  I had a COTA workshop attendee do a year and a day for filing a lien against a state judge.  So if you like prison, try doing stupid shit like this!  All filing the lien does is screws up the judge’s credit until necessary measures (which involve spending money) are implemented to delete the lien from the public record.  Filing false liens is a felony in most states.  Please do not call me collect from your jail cell if you act the fool and file one of these liens against a judge because I will not bail you out!  You would be surprised how folks you know well distance themselves from you once you’ve been arrested and jailed!  Let me jog your memory because the State of Missouri just passed a new law (worth the read):

Missouri-2018-HB1769-Enrolled

I don’t know if you picked up on this or not, but Paragraphs 8 & 9 of this new bill appear to provide the framework in Missouri to do a C&E (I have taught this method in previous foreclosure defense workshops).    We do not file any type of liens as part of the process I am talking about here.  We do file a lis pendens.  The suit involves real property.  We have a methodology that requires precision in the creation of a paper trail.  THIS is what gets judges removed from the bench, not your pro se filing of judicial misconduct complaints.  Filing these is also a mistake, because most pro se litigants file them because they didn’t like the judge’s ruling.  Sorry, but that is what the appellate process is for.  I have heard that Patriot-type radio talk show hosts advocate doing this repeatedly to upset the system of things.  Taking that advice will lead you to a 6 x 8 cell with three hots and a cot.  The nature of judicial misconduct is reporting egregious behavior, like condoning felony perjury on behalf of the bank’s counsel.  THAT is what you file judicial misconduct complaints for.  This is why counties, most of whom are self-insured, get nervous when their Risk Managers are approached about this type of subject matter.  DO NOT CONTACT THEM YOURSELF!  We have a method for “getting their attention”!

THE BIGGEST, BADDEST PAPER TRAIL YOU CAN IMAGINE

I cannot stress to you enough that discovery and obtaining documented evidence and employing expert witness affidavits and testimony in the creation of a well-documented paper trail is ESSENTIAL to any success using this plan; otherwise, what do you have worth investigating.  I’ve yet to see a pro se litigant conduct proper discovery, let alone understand rules of civil procedure and rules of evidence to finality in their favor.  A majority of those reading this article won’t even know (if asked outright) what a declaratory judgment action is, let alone a state tort claims action.  The system of things may be overwhelming to many of you, but according to attorneys I’ve spoken with, it’s an eventual Achille’s heel in the system.  One attorney stated, “It’s a game changer!”  When counties don’t have money, they can’t function properly.   Government officials have to answer to voters and the media about the problem created by you, which is why they’ll try to settle before it becomes a 3-ring media circus.

As one attorney put it … you can change things with your vote … or you can change things employing specific tactics against “the system of things”.   I discuss this for educational purposes, because I get so many calls from frustrated foreclosure victims, who don’t know where to turn.  The problem is, the homeowners don’t know how to create the right paper trail.  Hell, I know attorneys that have stopped short of doing the right thing.  Malpractice is also a concern and with the tactics inside “the system of things”, these foreclosure defense attorneys should be worried as well, because “what applies to the goose can be applied to the gander”!

Without “the system of things” in place, we would succumb to financial ruin as a body politic and that could lead to the Civil War that the Rasmussen poll recently talked about.  I am not advocating the use of violence here, just common sense.

More to come about “the system of things” … so you can understand its layout and consequences!

 

6 Comments

Filed under OP-ED