Tag Archives: Osceola County Forensic Examination

POINT – COUNTERPOINT: SECURITIZATION FAILURE EXPLAINED

“JANE … YOU IGNORANT SLUT!”

(As exclaimed by Dan Akroyd to Jane Curtin on Saturday Night Live …)

Sorry … I had to do that because you can’t say that to opposing counsel in foreclosure court … as much as you’d like to!  Still, I’m not an attorney, I can’t render legal advice, but I have been listed on at least one attorney’s “expert witness list” for upcoming trials! 

My blood boils when I’m consulting at a foreclosure trial and I hear the bank’s attorney claim that the borrower has nothing to do with the PSA because I know damned well that the borrower (nor his counsel) has a comeback that they can waylay on the bank’s attorney in point-counterpoint fashion, which is why I went with the opener that I did.

The bank’s attorney doesn’t want the borrower opening up the subject of securitization failure, because in so doing, the REMIC finds itself without standing to foreclose.  End of story … because the last attempt is always (when Fannie Mae and Freddie Mac aren’t involved) the use of MERS (through servicer fraud) “assigning” a note a mortgage years later into a REMIC trust. Securitization failure may look obvious on paper (what’s recorded in the land records) but it cannot account for the path the note didn’t travel.

The last trial I attended, I saw the bank’s attorney “step in it”.  You could hear her tiny little heels squish in the pile of dung she just sunk into asking the expert witness (who understands securitization) about the “closing date”, then suddenly realizing that she opened Pandora’s Box.  Sadly, the foreclosure defense attorneys need to climb on board with this thought process, as elaborate as it might be.  I’m going demonstrably put it into as easy a graphic as I can, using various scenarios (“submitted for your approval”, as the Twilight Zone‘s Rod Serling would say from the grave). You have to educate the judge!  You have to!  I don’t care if the other side jumps up and down with objections, you have to keep on keeping on.

FEW ATTORNEYS REALLY “GET IT”

First, let me share a pdf with you, written by (in my book) one of the most brilliant attorneys on record:

charlies-wallshein_securitization-fail-part-one-001

The foregoing even has “affirmative defenses” included in this paper, if you know what you’re looking for.  Thanks to Charlie, I used a chunk of his explanation and diatribe in a Texas Rule 736 motion I drafted for use by counsel, which, when coupled with a Rule 12 motion by the attorney (a motion demanding to know who the law firm was representing in its Application to foreclose), the law firm “non-suited” the foreclosure case (made it go away)!

I shall further elaborate, as I do in chain of title assessments where the last party to allegedly have the note and mortgage transferred to them is the REMIC … years after the fact.  The borrowers and their attorneys focus on the Pooling and Servicing Agreement and miss the whole enchilada completely.  It’s not just the PSA we’re talking about here folks!  It’s the entire “sales pitch” … I’m talking about the 424(b)(5) prospectus (and none other than).

The PSA does NOT contain your loan number!  The prospectus contains your loan number!

The prospectus contains well more of the governing regulations than the PSA, all neatly signed under penalty of perjury under the Sarbanes-Oxley Act!   When the bank’s attorney says the Borrower has nothing to do with the Assignment, why then are you stumped?  Why can’t your attorney object?  It can’t be because of ignorance, right?

However, just because your loan number is listed within the prospectus doesn’t mean that your loan is actually in the pool (or made the pool before the cut-off date).  Look at it in the simplest of terms:

  1. Why do lenders use the MERS® System?  

The lenders use the MERS® System as a means to register and securitize mortgage notes within the secondary markets.  However, before the note (and its accompanying electronic paperwork) can be traded (transferred, sold, resold, multiple times over), it has to be digitally uploaded into the MERS® System, which was created for the purposes of electronically transferring the note!  

This is why (when you look at your loan on the MERS® Servicer ID page, the loan reads “ACTIVE”.   That means, it’s “actively” being transferred (potentially multiple times over) from one entity to another while the Servicer’s name remains constant.  When you see the word “INACTIVE”, it means the loan is no longer being traded, most likely because it is NON-PERFORMING!  Who could get away with selling non-performing loans?  Only in the securities market can you get away with that!  This goes back to the late Judge Arthur Schack in the HSBC v. Taher case, which was reversed and assigned to another judge, because the powers that be (the Appellate Department) said Schack went too far (in vetting the truth about robosigning using parties claiming to be officers of MERS). So, as long as the note doesn’t end up in its “final resting place” (as claimed by REMICs in millions of foreclosures), we have an “ACTIVE” note trading within the MERS® System.

2. The servicers who subscribe to the MERS® System purposefully abuse it!

The MERS® System, as I have previously noted in other posts, as well as in the OSCEOLA COUNTY FORENSIC EXAMINATION, allows servicers and their minions and subordinates within their default divisions or their contracted third-party document mills, to “manufacture” standing by creating assignments out of thin air, utilizing the name Mortgage Electronic Registration Systems, Inc., accompanied by what is proclaimed an “official title”, with only flimsy, non-notarized proclamations by William Hultman or his “successors” within MERSCORP Holdings, Inc. potentially attached to the pleadings as a means of “verification” of the use of the title by the “nominee” (who also thinks it’s a beneficiary, which it’s not).

Regardless of their “signing authority” or other Limited Power of Attorney proof of anything (as Limited Powers of Attorney can be falsely created to reinforce a claim by the REMIC that certain servicers are covered to do exercise certain powers under the power of attorney), there is nothing in the MERS Rules of Membership that forces the users of the MERS® System to “play by the rules”.  In fact, all of the users of the MERS® System have to “indemnify” MERS and its parent of any liability in connection with the creation of these documents, which means it’s “open season” in the fraud department in the creation of these documents.

   3. Parties outside of the MERS® System are allowed to participate with the servicers in creating the documents employing the use of the MERS® System! 

During the Osceola County Forensic Examination, my team discovered (in hundreds of assignments) the use a law firm in the creation of the assignments.  Many times, the assignment itself contained the words, “Prepared by:”, with either the name of the law firm, a law firm attorney or a non-lawyer working for the law firm.  My take here is that this is where you have RICO issues because the servicer, a law firm, a notary and multiple employees of both, are tasked with the creation of the document.  We are not just talking civil RICO issues here, but also criminal RICO, because the document is generally created under the direction of the law firm handling the foreclosure (in mortgage states), or in the alternative, a document processing company (e.g. LPS, CoreLogic, etc.) being involved in engineering the “proper parties” onto a piece of paper that is going to be relied upon in court to foreclose on the property.  The law firm handling the foreclosure will then rely on an assignment that it was involved in creating to steal the home, knowing full well that the assignment contains multiple misrepresentations which are not provable because the assignments clearly show the note and mortgage were transferred into the REMIC years after the Cut-off Date!

This is why I intend to write a follow-up paperback aptly titled, “How To Screw MERS!” (or something like that), to explain how to circumvent the MERS®System in your dealings in real estate (part of your due diligence before you buy a piece of property using a “MERS Member”, which is false, because the alleged “MERS Members” aren’t really “members”; they’re user-subscribers of the MERS® System, through the use of an executory contract with MERSCORP Holdings, Inc. (which is nowhere to be found on your note, your security instrument or the assignment).

4. The “Electronic Tracking Agreement – Warehouse Lender” clearly shows who the “players” are … and MERSCORP Holdings, Inc. is one of them!

If you look at the attached: eta_warehouse_template_v6-mers-and-borrower4, you will see what I am describing here, as to who the “electronic agent” really is. Is this disclosed to you at closing?  Hi there boys and girls, can you say “Truth-in-Lending Act violations right out of the gate?” … sure you can!  (playing on Mr. Rogers’ voice).

Do you see where your “name” is inserted as to “Borrower”?   Didn’t think so.  That’s because you’re not the Borrower, the originating lender or mortgage broker (like that pesky “Rocket Mortgage” and other digital online services that make it so easy to “get approved in minutes” for a mortgage loan).

Notice in the third paragraph where it says, “the Borrower is obligated to pledge the Mortgage Loans to the Lender”?  Notice the term used “Loans” is in the plural?  That’s because the “Borrower” in this agreement is the originating mortgage broker/lender and the “Lender” in this agreement is the “Interim Funding Lender” (like Countrywide, WaMu, IndyMac, etc.).  Look who the “Electronic Agent” is:  MERSCORP Holdings, Inc.!   What is an agent?  (hint: a nominee)

Then why isn’t MERSCORP Holdings, Inc. (the parent of MERS, the entity with all the money) plainly stated on your loan paperwork, including your Note? Where is the Truth-in-Lending Act when you need it regarding non-disclosure of the real “truth”.  It was hidden from you at closing?  That might even bring about suspicion for a RESPA violation as well.

Notice within Paragraph 4 of this agreement where it says that the “Lender and the Borrower desire to have certain Mortgage Loans registered on the MERS® System (defined below) such that the mortgagee of record under each Mortgage (defined below) shall be identified as MERS;”   Did you ever sign a paper like this at closing?   I’ll save you the time looking for it.  You didn’t.  That’s because the “Borrower” in this agreement, involving the placement of your loan into the MERS® System IS NOT YOU!  Did you agree to that?   Didn’t think so.  But it sure the hell explains how your loan got “registered” on the MERS® System, doesn’t it?

This was all created to be part of the securitization process.  This is why the entire process is flawed … and why it needs to be eliminated … and why the parties who created it need to be in prison!  The MERS®System is the platform through which the RICO acts were committed.  Indemnification or not, the platform is there … and it’s knowingly being abused.

YOUR NAME AND ORIGINAL LOAN NUMBER IS ON THE ASSIGNMENT!

This begs the question: How can you NOT be involved?  The assignment is talking about your very loan and mortgage (or deed of trust) being conveyed by the employees of the mortgage loan servicer (who can’t get the originating lender to do it because it’s more than likely defunct), whose employees create the document out of thin air, under the instruction from: (a.) one of the major title companies; (b.) the foreclosure mill attorneys involved in the litigation; and (c.) a third-party document mill tasked by the servicer to keep the transaction at arms length to avoid suspicion.  In any case, the document is a fraud.  They know it. And you know it.  But the judges don’t know it because no one knows how to tell the judge a thing or two about the real aspects of securitization because they know that 99% of these assignments are fraudulent and by ruling against the bank on securitization failure, they would open up a “three-ring circus” in their courtroom while jeopardizing their political futures.

The servicer uses its own “loan number” which generally does not match yours.  But when the bogus assignment is drafted (and many times backdated for a purpose) by the servicer’s employees or that of the law firm or third-party document mill, your original loan number and name is on the assignment.  Why not simply ask the judge to take your name off that document (since you’re not involved in it) and we’ll call it a day?   You know how that will end up, right?

You first have to object to the attorney’s comment that you’re not involved in the PSA, because technically, the PSA talks in general about operations within the REMIC itself.  If you’re going to enter the PSA as evidence, you’re shortchanging yourself and your case.  What you should be entering is the entire 424(b)(5) prospectus.  It still costs $4.00 a copy from sec.gov on their forms page.  They have a contract with United Parcel Service to ship it to you at no charge.  You pay $4.00.  Get the whole prospectus.  The front end of the prospectus is what contains the cut-off and closing date, not the PSA.  Have you ever noticed that, or did you just take someone’s word for it?

exhibit-9_occ-asset-securitization-comptrollers-handbook

Notice the foregoing “Page 8” and where it came from … the 1997 Comptroller’s Handbook issued by the Office of the Comptroller of the Currency.  This handbook was issued before MERS Version 3 came into being.  Notice how the first paragraph below the diagram talks about the Borrower being a party to the securitzation chain?   Do you understand why?  Because in simple fashion, in order to make the chain work (the whole system), the Borrower’s payments facilitate the income stream to the investors, who received non-recourse bonds on the Closing Date (or Start-up Date, according to IRS terminology) of the REMIC.

That is, unless securitization failure occurred at the Start-up Date.  This begs the use of an expert witness at trial to can testify as to the facts, followed by the use of depositions of the parties creating the document (the assignment) to reinforce the fraud being plied on the court.

Actually, securitization failure occurred BEFORE that!  It occurred at the Cut-off Date!

It couldn’t have happened because after the note and mortgage was uploaded into the MERS® System database (owned by now-MERSCORP Holdings, Inc.), I believe the original paperwork was no longer needed and was shredded.  My forensic examiners and I have heard this on more than one occasion, right out of the mouths of the bankers!  Thus, when the Borrower went into default: (a.) the servicer handling the loan dummied up an assignment, knowing already that it didn’t have the original loan; (b.) the servicer went into the MERS® System and downloaded the “uploaded electronic copy” and printed it out and took it into court (after adding a bunch of other “allonges”, “indorsements” to the note to try to tie the chain of title together with the chain of custody of the note.

Let me be clear here!  I do not believe that the allonges and the indorsements were completely added until AFTER the original note was retrieved from MERS. The latest article by Neil Garfield, which contains a statement: “I have obtained confirmation from a large bank vendor (Visionet Systems, Inc.) that it rectifies “lost notes” by reapplying the “signature images” upon stored copies. –Bill Paatalo, December 10, 2016.” goes to the core of the following scenario:

My wife and I attended a trial in Fort Myers, Florida where Bill Paatalo was admitted as an “expert witness”.  I went for two reasons.  First, I wanted to see what kind of questions the bank’s attorney and the judge were going to ask Bill about his expertise and the facts of the case; and second, we had dinner with Bill after that to further discuss the case, which ended up without a Final Judgment being issued that day (in court) because the judge wanted more education, in the form of trial briefs by the attorneys, which were due yesterday (I have not seen the brief).

This clearly also shows that the Notes were, at one time (as I suspected) electronic copies.  And riddle me this (as the Riddler said to Batman) … where do you think Visionet Systems, Inc. got the copy of the note?  Visionet is NOT a user of the MERS® System (check for yourself like I did) and therefore, they had to get the note from somewhere (more than likely the servicer, who IS a user of the MERS® System).  This now begs the deposition of someone at Visionet Systems, Inc. to verify this chicanery.

There are at least two cases supporting this conclusion! 

If you’ll simply Google a pdf of “In re Saldivar” (Texas) and “Glaski v. Bank of America” (California), you can see from these two cases that the court finally recognized that if the note and mortgage (or deed of trust) weren’t assigned until years after the Cut-off Date”, there is no verifiable evidence of WHEN or IF the note and security instrument actually “made it into the pool of loans” within the REMIC trust! This is what Bill Paatalo testified to at trial in Fort Myers.  When attacked by the bank’s attorney on the possibility that the note and mortgage made the cut-off date and that the assignment was strictly a memorialization of that fact, Paatalo responded to the “fact” that the assignment itself shows the date of the assignment being two years after the REMIC closed; thus, there is no possibility that the governing rules of the REMIC were complied with.  I am referring to the entire 424(b)(5) prospectus here, NOT just the PSA!

The OCC clearly contemplated that the Borrowers were the parties signing the notes and security instruments, which contained the provision (in paragraph 19 or 20, depending on which long form security instrument was employed at that time) that “the note, or a partial interest in the note” may be sold or transferred. It says nothing about the parties involved in that transaction, the “boss of the note” at foreclosure proceedings, or securitization of the loan.

Not only is the chain of title screwed up (because the right hand doesn’t know what the left hand is doing), certain parties came in contact with each other to “dummy up” paperwork to steal the house.  It’s that plain and simple.

That my friends, is a short-form explanation of the formula for securitization failure in roughly 3200 words, despite the fact I’m not an attorney nor do I render legal advice.  Share this with everyone because the life you save may be that of someone you don’t know that desperately needs to view this educational post!

BTW: For those of you wanting a progress report on the new FDCPA book I’m working on … I’ve about 40 pages to go!  I’m trying to get it done by the end of the year!  It contains some real damning information every “consumer” should know about, from foreclosures, to credit cards and car loans to student loans … all of which have been securitized … including relevant case law to back up the education I provide in this book! 

Dave Krieger, Clouded Titles

 

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Filed under Chain of Title Education, Op-Ed Piece

AND THE WINNER IS …

BREAKING NEWS — (with a little Op-Ed thrown in for good measure) … 

Those bumbling “talking heads” … 

The “talking heads” of all the major media networks were tripping all over themselves (during election night coverage) trying to “save face” for the “talking down” on one candidate in favor of another.

No matter.  If I was president, I would make sure that every media mouth was accounted for and access to the White House would be a major “hoop jumping” to get a media credential. Our U.S. media cannot be trusted with reporting the truth.  Our U.S. media likes to “invent” news (or hadn’t you noticed?) instead of really investigating and reporting the truth (and not as they see it), the whole truth and nothing but the truth.  The outcome of the election clearly left the media machine speechless, faltering on-mic for comment in an attempt to backpedal on their foolish pre-election hoopla. I shut the TV off at 2:15 a.m. and decided to wait for the early morning voting results to filter in.

Clearly however, I think both conservative and moderate American taxpayers have risen up and seriously spoken in favor of change away from the “status quo”.  That “status quo” includes Wall Street control of this country.  However, other changes that manifested themselves last night were overshadowed by a surprising upset by The Donald.  We now have a House and Senate that have a Republican majority under a Republican President.  As I said earlier, regarding the lesser of two evils, many of the facets of the Old School System are still in place, including the banking cartels and their influence in Congress.  The only thing that can make a difference is a presidential veto when the laws coming forward are clearly wrong.  Sadly, the “rank and file” are still in position to make pro-bank laws, in conflict with what the majority of the American people plainly stated in their popular vote. Until the American taxpayers actually make a change in the way they do business, the rank and file will continue to make their lives miserable.  Also keep in mind that the socialist vote (those who voted for Hillary) still went to the polls and voted for socialism.  They will still be a force to be reckoned with in the shallowed halls of Congress.

The voice of the people was heard in Osceola County, Florida! 

One thing is for sure however … Armando Ramirez was re-elected as the Clerk of the Circuit Court for Osceola County, Florida by well more than a slim margin, despite the rantings of the media about conducting a Forensic Examination of his official real property and court records.

050113_armandoramirez osceola-clerk-tally

In many ways, I feel mildly vindicated, as I authored that 758-page Report.  I too came under personal attack from the Orlando Smutinel and other rags and media outlets for something that happened to me over 20 years ago.  I believe that the people have faith in Mr. Ramirez and his poll numbers demonstrated this.  It also says a lot for the numbers that have read the Report and have come to understand the real truth of the matter regarding their mortgage foreclosures.  The bottom line here is that no matter whether you’re a Democrat or a Republican, the voters love you if you do the right thing!  I believe Armando Ramirez stood up to public and political pressure from the corrupt Florida elitists and the local media and told his constituents: I hear you loud and clear!  There is a problem with the land records!  You don’t win elections unless the voters agree with you and it appears that the Osceola County rank and file don’t want to hear the truth … but the people who are affected do!

Mr. Ramirez’s devoted and loving wife Millie also held onto her position on the Soil and Water Board, Seat 4 – Osceola.  Congratulations to them both as they will wholeheartedly serve their constituents for another four years.  And I have a feeling the backlash from the Osceola County Forensic Examination is not over yet. From the looks of the voting results in both of their races, it appears the silent majority included both Democrats and Republicans who believe in the Ramirez’s.  The politically-influenced (by the rank and file) voted against them to no avail.  As Mr. Ramirez stated in the campaign:  “Let Justice flow like a stream, and righteousness like a river that never goes dry.” Amos 5:24

Speaking of “Justice” in Osceola County, Florida, Russell Gibson (D) was elected as the new Sheriff, replacing the outgoing Robert Hansel, who is leaving office amidst the scandal surrounding the investigation of the results (or the lack thereof) contained in the Report; and in retaliation of having to conduct an investigation with deputies tasering an innocent stepson of one of the examiners of the Report.  Mr. Gibson would do well to watch out for those around him (currently in positions within the Sheriff’s Department). It is rumored that Gibson may keep the “rank and file” that investigated the Report in place; in fact, even promoting them.  This would be a mistake if this rumor is found to be true. These “people” demonstrated by their response to the Report, on Hansel’s behalf, that they know Osceola County, Florida may have illegally evicted thousands of homeowners based on fraudulent documents recorded in the Osceola County real property records and then relied upon in court by servicers and their attorneys, who are suspect of committing perjury on the courts, among other things.  The civil liability for these “errors” would be into the billions and they know it.  That’s why Sgt. Toby Hawkins told Al West, the attorney who was present in the February 9, 2015 meeting to “shut up” when Mr. West asked him about potential exposure (meaning civil liability).  Let’s face it folks … filing fraudulent documents is a felony in Florida and no one seems to want to enforce it, for now.

On the other side of the coin, Aramis Ayala ran unopposed and was elected as Florida’s 9th Circuit States Attorney.  Mr. Ramirez has already spoken to her about re-opening the investigation into the allegations made into the Report.  I’m sure Ms. Ayala will not make the same mistake that her predecessor, Jeff Ashton, did.  Oh wait, he was too busy playing around on AshleyMadison.com to investigate the contents of the Report, right?  I maintain that the felonies that were discovered and reported in the Forensic Examination can be found to be continually occurring to this date.  I can come up with a whole new set of allegations if I changed the dates on the search engines in the county land records from June 1, 2014 to June 1, 2016.  I’d find the same suspect fraudulent recordings that would carry with them all sort of felony charges.  It is about time Wall Street and all of the players below it that are assisting in the facilitation of servicer fraud get their just desserts. I still want my time in front of the 9th Circuit Grand Jury.

I’m sorry folks … but the Osceola County Sheriff’s Department is NOT going to get away with their feeble investigative denials.  As the incoming politician, Mr. Gibson should take note.  Any subsequent investigation will probably be taken out of his hands anyway, because the rank and file subordination catering to his office: (a.) think that securitization is like an annuity; and (b.) don’t believe in investigating crimes that could point a finger back at them.  Admitting responsibility for error is simply something that one in power does NOT do.  This is what has divided America and this is what the voters in the majority have soundly made heard by putting a CEO in the White House instead of a Wall Street lapdog. Congress needs to wake up and realize this.  Ms. Ayala’s office is going to have to take the “bull by the horns” and wrestle it to the ground on its own.

On paper, the winner may have been Donald J. Trump.  But the next four years, with the rank and file still in positions of power in Congress, will still be “hell”, only now it will be “hell on steroids” with Republicans holding a majority in both the House and Senate.

The only saving grace is those who are exiting the current administration that were self-serving (or serving a socialist political agenda) … here’s a message from The Donald: YOU’RE FIRED!

Dave Krieger is the author of the books Clouded Titles, The Credit Restoration Primer and The Quiet Title War Manual, all available at CloudedTitles.com

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Filed under Breaking News, Op-Ed Piece

Deutsche Bank and Ocwen get nailed; jury says, Pay $400K!

BREAKING NEWS! OP-ED! 

After a week-long trial, a jury in Mobile, Alabama has decided that Deutsche Bank and Ocwen (“servicer fraud”) have stepped “over the line” and get to pay $25,000 in compensatory damages and $375,000 in punitive damages to an Alabama couple who they wrongfully foreclosed on!  See the printed story here: deutsche-ocwen-pay-400k!

Significantly, despite the fact I haven’t seen the actual case files, reports indicate that Ocwen (more than likely) was involved in document manufacturing, something I have asserted all along has been ongoing, even in light of the servicers’ settlement with the 49 states Attorneys General in early 2012!

This is impliedly what I call “document manufacturing for the purposes of litigation”, one of the two reasons the servicers, in conjunction with outside third-party document mills, crank out bogus documents that contain no proof of anything happening behind what’s stated on the documents.  They do this simply to create standing out of thin air and then use their phony standing to steal the borrower’s home!  The other reason is for the sake of convenience (like releasing old liens that are paid off with bogus, manufactured documents).  Just such a case has surfaced in Tampa, Florida and the parties are being served!  No assignment! Just a release by an entity using MERS when MERS wasn’t even involved in the original mortgage!

I brought this up in full detail in the OSCEOLA COUNTY FORENSIC EXAMINATION!  However, the United States government doesn’t give a shit whether the banks propound fraud upon the land records or not.  The outcome of the Forensic Examination’s investigation by the Osceola County Sheriff’s Department resulted in an innocent young man being tasered in what I believe was retaliation for his father being one of the examiners on the forensic investigation team and willful and malicious reporting by the Orlando Sentinel who could get their story straight if they tried. It has now come to light in an AP investigation that dozens of law enforcement personnel are being prosecuted around the country for illicitly accessing government databases to obtain information on “targeted individuals” without authority.   I wonder what the Sheriff’s detectives who I claim accessed the NCIC are thinking now that their boss isn’t running for re-election again?

This is the biggest lie of all … the lie that uses MERS to cover up an entire chain of misdeeds in the land records in every county all across America to say anything that the servicers want to say in order to distort the truth. This is why I opine that the MERS® System is nothing more than a business platform that facilitates criminal RICO, allowing the servicers use to do whatever they want with MERS’s name, so long as they hold MERS harmless from all liability.  This my friends, is an open-ended invitation to commit fraud!

I can go to any county in America and I will find the same issues in every land record that I found in Osceola County, Florida!  By virtue of the fact that MERS can get away with this sort of facilitation while homeowners are getting tossed out onto the streets wrongfully goes to the very core of the foregoing news article!  Juries are the only bodies of concerned citizens that can send a message.  I still want my day in front of a grand jury because I have a lot to show them!  It all revolves around the chain of title!   Tens of millions of property owners’ titles across America are affected!  This is systemic and Congress is doing nothing about it!

Remember that when you go to the polls in November!

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Filed under Breaking News, Op-Ed Piece

BOWEL TOLERANCE … AND OTHER CAUSTIC BILE AND RUMINATIONS!

BREAKING NEWS!

(Kissimmee, Florida) — Incumbent Osceola County Circuit Clerk Armando Ramirez staved off two challengers in the Democratic primary to continue his campaign in November, where it appears he’ll be running against an old Circuit Clerk, GOP contender Melvin Thompson, who Ramirez defeated in a landslide election the last go-round.  As you may remember, Clerk Ramirez retained DK Consultants LLC to conduct a forensic examination of the real property and court records in Osceola County, Florida, which was shunned by Florida’s 9th Circuit States Attorney Jeff Ashton (who also just lost in the Democratic primary to challenger Aramis Ayala, who Ramirez has formally endorsed), the Osceola County Sheriff’s Department, a handful of apparently biased media and Tampa Foreclosure Defense Attorney Matthew Weidner, who appeared on WFTV in Orlando during a news segment, not having read the entire report, indicated the Forensic Examination was “not worth the paper it’s printed on.”  Weidner conveniently ignored the attorney opinion letter in the last four pages of the 758-page, two-volume report, wherein foreclosure defense attorney Jennifer Englert (The Orlando Law Group) posited several more issues above and beyond what the report factored into the results.  Hon. Ramirez of course will keep trying to get action on the Forensic Examination, despite being chided by his opponents and the media.  With Ashton out of the running, if Ayala gets the nod in November, a new door could be opened for a revisit and investigation of the Forensic Examination.  Few grand juries across America have been empaneled to do the right thing, which is stop servicer fraud.  Unfortunately, Dem. Alan Grayson lost in his Senate bid and is now out of the picture.

This forensic examination has caused a shit-storm in political sectors up and down the Eastern Seaboard.  You may wish to find out why by downloading a copy of the Report here: OSCEOLA COUNTY FORENSIC EXAMINATION

BREAKING NEWS! 

There is roughly 45 days left to reserve your seat at the last DK Consultants LLC-sponsored Quiet Title Workshop (Honolulu, Hawaii).  You can download the flyer to this event here: QUIET TITLE WORKSHOP FLYER_HONOLULU and the Registration Form (which must be filled out and faxed to the number on the form) here: QT WORKSHOP_HONOLULU_REGISTRATION FORM.

This will be the last class that Dave Krieger and Al West are going to teach in 2016 (for the general public).  Any other workshops that the two will be participating in will be sponsored by other investor and corporate groups and CLEs (we are ramping up and taking the fight to the people who have money to spend in legal fees); thus, this will be the only opportunity you will have to get the tools you need to fight the banks in quiet title actions!  This workshop features two hours of live broadcast on The Foreclosure Hour, with Hawaii attorney Gary Victor Dubin, which will take place on his Sunday, October 16, 2016 broadcast and will consist mostly of information sharing, recap of the two-day event, accompanied by questions from the registrants and attorneys attending the event.  Again, this is your only opportunity to attend our sponsored quiet title workshop.  We are not planning to hold any more self-sponsored events.  

OP-ED!

As to the term “bowel tolerance” … my question is …

How much more crap is America going to take from the banks before it says “enough”!!????

I pondered the answer to this question, because the answers are many and everybody has one.

Do we need to resurrect public lynchings?  I heard that coming out of some quarters.  Others are predicting an internal conflict, marginally bordering a civil war or all-out revolution.  This is obviously what the DC oligarchs don’t want.  Once the shadow government kicks in, all hell will break lose in this country.   Then, America will find out exactly what the United States Government has been doing with all of the tax dollars it has fleeced off of the working poor.

The U.S. government is afraid of mainstream America, so it uses the media to lull it to sleep so it won’t see the “gut punch” coming.  The government knows Americans are well armed and, if taken to task, could open up a can of “whoop-ass” on DC.  All of those who obediently serve, blindly too I might add, are those rank-and-file registered voters who all participate in the Age of Entitlement.  What they simply don’t get is that someone has to pay for those entitlements and there’s only so much America will take before things get dicey.

It is alarming to understand how many prisons and detention camps this country has and what they were purposed for.  This is not a conspiracy theory.  A recent article actually shows an increase in the number of prosecutions resulting in prison terms in America’s smaller counties.  I am not making this stuff up.  Read it here: This small Indiana county sends more people to prison than San Francisco and Durham, N.C., combined.   I beckon you to research Operation Garden Plot and see what you come up with in your search engine! Whether this is an intentional counterintelligence piece designed to bring “people out of the woodwork” so they can be readily identified and “dealt with” (like Waco, Gordon Kahl, Randy Weaver … and the list goes on and on), or the plain truth about government abuse and mindset in DC about how “they’re better than us”.  Are we really goyim to them?

So, even if you’re NOT a troublemaker per se, what do you think will happen if the real “agenda” of the U.S. government is put into play? This could also indicate why moving to small town America, thinking you’re going to be “safe”, may end up being just the opposite of what you expected.  Small towns in America are like churches.  Everybody knows everybody.  If you want to find out about someone, just go to their church and nonchalantly start asking questions.  You wouldn’t believe how un-sacred information gathering is because America has evolved into one big reality TV show and everyone likes gossip.  Frankly, I don’t give a shit what the Kardashians are doing at any given moment because they’re not paying my mortgage … nor are they paying yours!

I know that foreclosures are on the rise because I monitor short sale activity across the country.  The banks use short sales as a delay tactic so servicers can scheme more fees out of homeowners and calculate HOW they’re going to foreclose on their properties. The problem is, most of the properties being foreclosed on have clouded titles!  Despite what national economists are regurgitating, the foreclosures are cyclical and follow a major rash of short sales.  Only 10% of short sales (estimated amount) actually end up taking care of the entire debt.  This is the continuation of the plunging of America into financial depression, through financial suppression.

Investors and first-time homebuyers looking “for a great deal” would do well to avoid REO’s.  Frankly, the banks need to pay for what they’ve done to America and I don’t trust any of them, do you?   By buying these title issue-infested properties, you are not only asking for unintended future consequences, you are putting money directly into the pockets of the servicers and their foreclosure mill law firms, who most of the time are NOT entitled to foreclose on the subject property in the first place!

I can tell you four things I’m doing right now to counterbalance my contribution to the overall problem:

  1. I have pulled out all of my investments in major banks, stocks that invest in RMBS or CMBS items and cashed in or withdrew and redeposited bonds, funds and CD’s that have come due into credit unions.  I do not have any checking accounts with any major banks!  I’d rather put my money into a small, community bank or credit union any day of the week, at least for the short term.
  2. Plan to go off-grid.  Florida voters have just passed the solar initiative (for those of you who want to know) and it may serve you well to look at the new Tesla Model 3 (electric car priced at $35,000), which can be solar charged on a trickle, right from your very own home-owned and charged battery packs.  Beats depending on foreign oil and rising gas prices, eh comrade?
  3. Reducing debt.  That would consist of re-evaluating all credit cards with high interest rates or that are charging interest at all (including cards that offer no interest incentives for a period certain that are about to expire), looking at their credit limits and either paying them off in full and closing them, or in the alternative, replacing them with no-interest incentive credit cards for the next 6-12 months.  Do away with all major bank credit cards.  If you think it’s great racking up air miles, think of the interest you’re paying to hold those airline credit cards and see exactly just how much money you save on airline tickets versus the interest you pay.  Bet you’ll be genuinely surprised after you do the math!   Those who are so deep in debt will probably add to the rising bankruptcy filings across America anyway, so in the alternative, it’s a strategy, right?
  4. Reducing inventory. Liquidating the stuff you absolutely are NOT going to need in the future.  Hoarders are going to hate me for this, but having too much stuff is of major “psychological concern”, because in time of disaster, you can’t take it with you anyway, so you might as well liquidate it for a price, even if it’s at a loss, and use the inventory reduction to pay off debt.

You may also wish to start exploring and traveling around America and other parts of the world with your liquidated gains, post-debt. You may find other locales are more suitable and to your liking and even more economically “feasible” to live within your means in. This also means you may wish to acquire acreage, plant a garden, have a greenhouse (for legitimate purposes), learn to can food.

Sorry, but every time a hurricane or major disaster strikes, you bet I have this thought process running through my head.  It’s called,
“Be Prepared!”  It appears America may be headed for a more serious economic downturn which requires a bit more strategic planning.

Scout’s honor!

(Feedback and discussion on this blog site is always encouraged, just don’t share your personal foreclosure cases on here!)

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HON. ARMANDO RAMIREZ IS RUNNING FOR RE-ELECTION AS OSCEOLA COUNTY CIRCUIT CLERK OF COURTS

BREAKING NEWS, OP-ED … (July 18, 2016) … 

This post is divided into two segments that interrelate to each other.

SEGMENT ONE:

I only generally post stuff that is significant and related to chain of title issues.

Here, there is more than meets the eye, which is why I’ve made it more than just a political candidate pitch.

It’s no secret that the Osceola County Circuit Clerk, the Hon. Armando Ramirez, is running for re-election as Clerk of the Circuit Court as Osceola County, Florida.  There are at least 3 other candidates running against him this time, but I find a significant reason to ignore the challengers in favor of the incumbent: OSCEOLA COUNTY FORENSIC EXAMINATION … and for that reason especially, I endorse Armando Ramirez for this post! 

No other candidate in the race would have the cajones to do what Mr. Ramirez has done in exposing the misdeeds of the banks, their servicers and third-party document manufacturing plants and the law firm scumbag attorneys who participate in the schemes to defraud property owners and rely on documents that are recorded in the real property records of county clerks, recorders and registers’ of deeds offices all over the country.

Clerk Ramirez continues to post the Forensic Examination on his website in spite of the attacks that have come against him in the press for undertaking such a feat.  The thing is, this Report is now being used by foreclosure defense attorneys at trial to bolster their cases in defense of property owners, especially in Florida.  This Report is being downloaded by viewers in the United States and Canada on the academia.edu website, where the Report has recently ranked in the Top 2% of research downloads.

It is fundamentally important to realize that even though WFTV’s George Estevez brought Florida foreclosure defense attorney Matt Weidner on his newcast to downgrade the Report as “not worth the paper it’s printed on”, and the Orlando Sentinel smeared the Clerk’s good name on the front page of its internet edition when the Report was released, it’s rather odd that the Sheriff of Osceola County is NOT running for re-election again, and it appears that Florida’s 9th Circuit State’s Attorney Jeff Ashton has a serious contender (Aramis Ayala) running for States Attorney in 2016.  Sadly, as you remember, Weidner was thumbing through individual pages on camera, but seemed to miss the “Attorney Opinion Letter” favoring the outcome and contents of the report in the back of the Report.  I’m glad Weidner is not running for office because you know what I’d have to say about that, right? At least Mr. Ramirez is inclined (and not afraid) to expose the truth, even if the truth hurts.

Ashton, as you remember, made two improper judgment calls (in my book):

(1) he refused to investigate the allegations in the Report; and

(2) he was caught playing on his personal computer with his personal credit card on the Ashley Madison dot com website (a known website for married men who want to cheat on their spouses), which I find worse than despicable of a public servant.

I’m wondering (aloud) if Ayala is going to use that as ammo against Ashton.  Considering the fact of what I’m going to share with you in the second segment, it became perfectly obvious to me WHY Ashton didn’t want to prosecute the allegations contained in the Report.

I don’t care whether he became “the face of justice” prosecuting the Casey Anthony case in Florida, Ashton became “the disgrace of justice” in refusing to amass state and local authorities together to conduct a wide scale investigation of the frauds perpetrated in the land records throughout his entire judicial district!

At least Armando Ramirez has the fortitude to “stand up for the little guy”, while his Democratic opponents and judicial counterparts do not, just because it’s “too political”.  When it comes to making material misrepresentations in the real property records, by recording them electronically (by wire), which many of them are (and were stated as such in the Report), I want to share a case with you that discusses in principle, the “fullness” of the wire fraud statute, which Ashton could have contacted the Tampa FBI and enlisted their help in prosecuting the allegations contained in the Report.  In my book, failure to act constitutes nonfeasance of office, especially when you know something is a political powder keg.

SEGMENT TWO: 

Here’s the case I wanted to share with you: US v Takhalov et al, 11th App Cir No 13-12385 (July 11, 2016)

I find this case unique because the author of this opinion bothered to discuss the differences between deceiving and defrauding, as well as his implicit interpretation of the wire fraud statute.  I think that discussing the aspects of wire fraud and its implicit definition is important here, because it involves “intent” and “material misrepresentation”.

The next question I posit here is: What was the intent of the third-party document mills in manufacturing “Assignments of Mortgage” (or Deeds of Trust) by people with absolutely no knowledge of the actual event?  Further, why aren’t the servicers also prosecuted for their involvement in directing the foreclosure mill law firm to commit wire fraud by causing these documents to be electronically wired into the land records?   After all, this is the NEW thing the FBI is now investigating, servicer fraud.

After you read this court case, you will clearly understand why statutes need to be not only correctly interpreted, but you’ll see Ashton’s nonfeasance of office for failing to investigate and prosecute those responsible for stealing Florida properties in his own judicial district by the use of electronically-filed, real property records.  Clearly, this scam has reached into every nook and cranny of every recorder’s office in America!

I have publicly endorsed Aramis Ayala for 9th Circuit States Attorney and have directly communicated with her campaign … I hope she whoops Ashton’s butt in the Florida primaries next month.

If you live in Orange or Osceola Counties in Florida, or know someone who does, you may wish to direct them to this post!  Even more, get them to read the Report!

 

 

 

 

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