Tag Archives: notary bond

GUTTING THE UNDERBELLY OF THE BEAST – PART 6

(OP-ED, first posted: September 11, 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.

In my last episode (Part 5) of this series of posts, I talked about risk aversion and the creation of a paper trail.  In this episode, I cover the “why” this becomes necessary.

DOCUMENTATION IN SUPPORT OF A CLAIM

The very first thing I look at (as a title consultant) is the chain of title, especially the warranty or grant deed (proof of ownership), the mortgage (or deed of trust) and any subsequent assignments coming against the chain of title.  All of these documents (in certified form) become the initial evidence in support of any claim I may have against a law firm, a judge or any other party that put that false and misrepresentative information into the public record and then relied on it to steal my property.  After all, in judicial states, where I see most of the atrocities committed, the foreclosure mill attorneys are the ones attaching these documents in their pleadings, as exhibits, or in the alternative, making reference to said exhibits, to be used as evidence to support their complaints to justify the foreclosure.

The pleadings themselves (in original or amended form) also become part of the evidence package in support of my claim, because they contain the language that relies on the false and misrepresentative statements where an assignment was posited or referenced therein as evidence in support of their claim.  This package should include every single document placed within the court docket, including the index sheet … certified copies (and 1 plain copy for review). 

You’re probably asking yourself where the promissory note comes into play here, because judicial states mandate you have to have the original note in order to foreclose. In non-judicial states, possession of the note is not required to foreclose; thus, all foreclosures are assumed to be legal unless otherwise challenged.  This means that if you’re in one of the non-judicial states, you have to institute suit based on the chain of title you have, in order to start the paper trail.  Thus, non-judicial state property owners are at a distinct disadvantage because they must spend the money filing a lawsuit to stop the foreclosure and obtain a temporary restraining order (TRO) and they are limited at best as to what is provable and what isn’t because the other side has not responded to the suit.  You can’t make boisterous claims either, as you will be denied the TRO and that is what you’re seeking to shut down the foreclosure sale.   You see, until the other side responds, they’ve created no paper trail you can assert contains false and misrepresentative statements, which is why I like using a C & E (an acronym for Cancellation & Expungement Complaint) “right out of the gate” if I realize I might not be able to make my mortgage loan payments any more.  Waiting until the 11th hour to file one of these Complaints (in of itself) has been definitely proven to be a waste of time and financial resources.  Filing a wrongful foreclosure action (before the fact) is also a waste of time and financial resources because the foreclosure has not occurred yet (and this is supported by case law).  I mention all of this because your research becomes fundamental as part of creating the paper trail.

Any oral statements made in court have to be supported by some sort of record.  This is why we have court reporters.  Most pro se litigants and uneducated homeowners conveniently forget to retain a court reporter to document everything said in open court to their disadvantage. This means that with no court record, there’s nothing to take up on appeal or challenge because you’ve “stiffed” yourself out of a paper trail.  Besides, having a court reporter has been shown to keep the judge honest.  Don’t think that just because the county can afford to have its own court reporter there means you can simply rely on getting a copy of the transcript from the county’s court reporter.  They are backlogged with work and will take their time getting anything to you, at a time when having a transcript of the proceedings might be timely necessary.  This always works to the homeowner’s disadvantage.  That is deliberate!  Why?  Because the county is using its own court reporter to “cover its own ass” and you can bet stuff will be left out of the record.  Then it’s your word against the county’s.  So, tis better to get your own court reporter!  You need to create your own “timely paper trail” for future use and reference.  This is not a traffic ticket we’re talking about here!

Discovery is vital whether or not you are doing a C & E (which allows you to do discovery of the party executing the assignment and the notary who acknowledged the assignment) or a full-blown complaint to stop the foreclosure.  Discovery responses becomes part of your evidence package … and the “paper trail”!  If you don’t propound discovery on the other side or at least the relevant parties (the ones who created the assignment), you’re on a sinking ship.  All of the discovery (and the responses you get) become part of the paper trail.

Depositions are a must!  These are taken using a court reporter who writes down every single word that is spoken and many of them use video cameras (which is allowed) to take taped statements, which is even more intimidating.  I find that going after the creator of the document, the executor of the document and the notary who acknowledged the document are vital to creating a proper paper trail (not so much the creator of the document, unless you’re trying to solidify that the law firm or servicer was involved in a civil conspiracy with the agents who executed the assignment).  You’re only talking a minimum of TWO DEPOSITIONS here … the executor of the assignment and the notary who acknowledged it.  What authority did they have to execute the document?  Where is the notary’s bond?  Is there even a bond?  Can we attack the notary’s commission even though there is no bonding requirement?  YOU BET!  Attacking a notary’s bond (if there is one to go after) can be a source of cash flow to support your court fight. You can bet the other side will object to everything you ask for because they don’t want anything said on the record that can be used against them in court.

In all matters related to your case, PHONE CALLS DO NOT WORK!  You cannot take phone calls into court!  DO NOT CALL THE NOTARY!  Do not contact the notary by mail!  If you’re sending them a subpoena to appear at a deposition … their deposition … you do it through a process server … which is also a legitimate part of your paper trail!   I have people who have contacted me who do exactly what I just suggested NOT TO DO.  They scare the notary into hiding.  When it does come time to serve them with a subpoena, they can’t be found.  Duh!  And these people actually think they’re doing the right thing?  Seriously?  What part of desperation is incorporated into stupidity?  This is where you have to put your emotions aside and start thinking “common sense”.

THE EXPERT WITNESS AFFIDAVIT AND LIVE COURT TESTIMONY

I’m talking “expert witness attorney” here, not your average forensic loan or securitization auditor (who thinks they’re an expert witness).  Why an attorney for an expert witness?  Allow me to re-arrange your brain’s priorities through the following three reasons:

REASON #1: Litigation Consultant … your expert witness attorney can also serve as a litigation consultant to help you frame some damning discovery centered around statutory violations!  This is important because using the stuff I mentioned previously in The Quiet Title War Manual has nothing to do whether or not you can challenge assignments because you’re not a third-party beneficiary.  That is a bullshit banking argument that has nothing to do with the statute in question!  The statutes speak directly to the recording of documents known to contain false and misrepresentative information!  Separate the two distinctions in your mind because the borrower’s name is in the assignment; the borrower is a party to securitization (if that’s an issue) and because the document involves misrepresentations that may include “MERS” (in whatever form), which claim that Mortgage Electronic Registration Systems, Inc. had something to do with negotiating the instrument (the note), which runs contrary to what’s in the assignment, generally.

REASON #2: Personal Knowledge of the Facts … this happens when the expert witness attorney reviews all of your documents.  He can testify as to their factual basis AND render a legal opinion … BOTH under oath and under penalty of perjury as a lawyer!  This is way different than having a so-called “expert” that’s NOT an attorney testify as to anything factual … they can’t give legal opinions; otherwise, in doing so, their testimony could be impeached or effectively diluted under cross examination. Not only that … because the attorney who serves as your expert witness is sitting in the court (prior to giving his testimony), he actually gleans personal knowledge listening to the other side’s attorney further the false and misrepresentative information to the court … for which the damage is immediate (see In re Wilson, U.S. Bkpt Ct E.D. La No 07-11862, Memorandum of Law in Support of the United States Trustee’s Motion for Sanctions against Lender Processing Services, Inc. and the Boles Law Firm), which says:

“Untruthful statements made in bankruptcy proceedings undermine the integrity of the bankruptcy process. The bankruptcy system relies on the candor and accuracy of information presented by all parties, creditors and debtors alike. To ensure candor before this Court and to protect the integrity of the bankruptcy system, this Court should impose on Fidelity and Boles monetary sanctions and other non-monetary relief as this Court deems appropriate pursuant to its inherent authority to sanction abusive litigants coming before the Court, and pursuant to 11 U.S.C. § 105(a).”  And from the following footnote, No. 16):

“Rule 9011 provides a 20 day “safe harbor” in which a party may withdraw the challenged written representations, unless they are contained in the bankruptcy petition. If the challenged paper is withdrawn, it would not be considered by the court in its decision making process. However, there can be no safe harbor for untruthful statements made in open court, because the harm that results is likely to be immediate.”

(I just told you the Expert Witness Attorney would be there to hear all of the “immediate” misrepresentations.)  This is an actual case where Wells Fargo Bank got hit with a $1.3-million sanction!

This is an attorney, namely, the Bankruptcy Trustee, reporting misconduct! He is telling the other side (through his memorandum, they’ve been given fair warning to recant what they’ve placed into the court record).   If you didn’t catch that so far … let me make sure to clarify this in the following “reason”:

REASON #3: Rule 8.3 – Reporting Professional Misconduct … this is a mandated state bar rule (how many foreclosure defense attorneys actually follow it?)

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.

The foregoing mandates (which is what “shall” means, not “may”) are put there to hold attorneys accountable to report misconduct. What forensic loan auditor or securitization auditor is mandated by the Bar’s own rules to to this?  Come on, think?  Where’s the mandate?

(long pause, heavy sigh)  Come up with one yet? Didn’t think so.

This means that when the expert witness comes into personal knowledge of the facts that the other side’s lawyer has committed felony perjury by making false and misrepresentative statements in open court, he has a mandated duty (for which the State Bar must listen) to report the other lawyer’s misconduct!

This also means that if the judge hearing your case doesn’t give a shit and let’s this scumbag attorney for the bank say whatever he wants and get away with it and hands your property over to the bank AFTER your expert witness attorney advises (through a legal opinion) that the other side’s lawyer, in both pleadings and exhibits and oral statements made, has committed misconduct, not only is the judge exposed and now at risk, but the county he is employed by may also be “on the hook”.

At least bankruptcy judges have the decency to “do the right thing”.  I recently noted the results of the Sundquist ruling in California.  Sundquist-Memo-Opinion

A lot of this depends on how “stacked” your paper trail is and what evidence of misconduct you were able to actually PROVE (not just assert).

EXPOSED RISK FACTORS 

BTW, for those of you “Patriots” out there … a majority of the judges’ oaths of office I’ve seen were actually recorded in the public record in the county they serve in!  This is important to recognize the WHY you’d want a certified copy of their oath of office.   THE PAPER TRAIL!   It’s proof he/she (as a judge) is serving IN THAT COUNTY!

Most counties are self-insured.  The county has either a County Executive or Risk Manager who handles their claims because of something an employee did wrong.  Who would think to tag a judge?   After all, aren’t the judges bonded?   What happens if the bond is attacked, challenged and successfully revoked?   The judge can’t sit on the bench, right?  He will probably be placed on administrative leave while the county investigates what happened.  But that’s not all the county has to worry about.

As a result of the trial or hearing (whether it be evidentiary or just one of those 5-minute “rocket docket” style pieces of crap), there are two other complaints that must be reported … a complaint on the lawyer to the State Bar that can discipline him … and a complaint on the judge to the appropriate judicial authority.  More paper trail to show the County … to give them fair warning that they need to step up or face the consequences!

ALL OF THIS HAS TO BE DONE BY THE EXPERT WITNESS ATTORNEY … WHO IS MANDATED TO “PULL THE TRIGGER”!   PRO SE LITIGANTS (who think they know more than the expert witness attorney) WILL ONLY F**K THIS UP IF THEY TRY TO DO IT THEMSELVES (calling into the county or the bar or the judicial review board and whining about their silly little issues, or filing crap judicial misconduct complaints, which is how the major insurance players in this game will view their cheap efforts to avoid having to pay for an expert witness attorney).  I put this part in the back end of this post as a caveat, because it’s the expert witness attorney who has the “big stick of dynamite with the short fuse” … NOT YOU! 

It gets better … stay tuned for another round of insight into the insurance game in the next segment! The title companies are also in this up to their ears (among other places)!

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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!

 

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