Tag Archives: Osceola County Forensic Examination

GUTTING THE UNDERBELLY OF THE BEAST – PART 10

(OP-ED, first posted: September 28, 2018) —

The writer of this rather lengthy and final post in this particular series is a paralegal, researcher 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, which you are responsible for vetting.  I am not an attorney referral service either. 

HOW TO BANKRUPT ANY COUNTY IN AMERICA IN TEN EASY STEPS

Oh, you seriously thought I was going to go there?   I just did that to freak anyone out on the “other side” that was waiting for me to say such a thing so they could hold it against me in some way.  My Jewish attorney friend used to talk loudly in his leased office space because the walls were paper thin and he knew the trucking company on the other side of the wall could hear him, so he’d make statements about putting that trucking company out of business, just out of spite.  That attorney is (to this day) still one of my good friends in the legal community.  And he knows what personal injury is (especially after getting a large settlement out of a major soft drink manufacturer).  I would say that the entire summation of this 10-part series is not “pissing in the wind”.

I have a large network of attorneys across the country that are bracing for the upcoming storm.  I will not tell you their names because they are behind the scenes getting ready to do their part to make “the system of things” manifest itself.

As one Expert Witness attorney put it to his clients (paraphrased in the simplest terms):

“My testimony will be considered evidence of the statutory violations that were created by the assignments (of mortgage, deed of trust).  If the homeowner’s attorney ties the statutory elements together with the facts my testimony provides, then the Plaintiff (lender, servicer, etc.)’s attorney will be acting as an accessory to the Plaintiff client’s crime.  Not only will the acts be considered criminal statutory violations, they will also be considered ethics code violations.  All of the above is calculated with the hope that it terminates the litigation in the homeowner’s favor.”

FIRST AND FOREMOST EVIDENCE: THE PUBLIC RECORD    

While the OSCEOLA COUNTY FORENSIC EXAMINATION was only a report issued to the Clerk of that particular Circuit Court, it was one of only a few reports that were ever generated at the behest of a Clerk, Register, Recorder, etc. in the entire country (out of over 3,000 counties). It is sad when only a handful of studies were done and what happened following the release of those reports only scratched the surface of “the system of things”:

Southern Essex District, Massachusetts (2011) — Following the release of that report, a pro bono effort by Marie McDonnell, Register of Deeds John O’Brien’s office got a bunch of media attention, which subsequently brought visits by local bank counsel, threatening to sue the county.  Nothing ever came of it (perhaps due to Mr. O’Brien’s response to the attorneys, “Good! Bring it! We get discovery!”), but to this day, all potentially robosigned documents are rejected from recording in that office.

Guilford County, North Carolina (2011) — Attorney Lynn Szymoniak assisted Register of Deeds Jeff Thigpen bring a spreadsheet forward of known DOCX robosigners, which sparked public awareness in that county.  Sadly, the entire examination was overshadowed by the FBI’s investigation of DOCX and eventual prosecution of Lorraine M. Brown, its president.  Thigpen retained a law firm to file suit against Mortgage Electronic Registration Systems, Inc. and its parent, MERSCORP; however, the case went nowhere because the court determined that the Register of Deeds did not have a private right of action.

San Francisco, California (2012) — Assessor-Recorder Phil Ting, acting on behalf of the City and County of San Francisco, retained Aequitas Compliance Solutions, Inc. to conduct a study of his land records, which revealed a plethora of suspect activity regarding the recording of assignments, followed by suspicious pre-foreclosure recording activity.  In a scant 21-page Report, the results infuriated Ting to the point of frustration.  After a media blitz and a lot of YouTube activity, Mr. Ting decided his land records were garbage and decided not to seek re-election. While the report was California-specific, it did make reference to a report issued by two attorneys from the Florida AG’s Economic Crimes Division, which later resulted in those two attorneys, Teresa Edwards and June Clarkson, being forced out of their positions.

Williamson County, Texas (2013) — County Clerk Nancy Rister commissioned a study of robosigned documents culled from hundreds of files in the recorded database of the public records in that county, to find hundreds of suspect issues contained within assignments and powers of attorney that were drafted and recorded by law firms that conducted foreclosures of residents there.  The 179-page report, done by DK Consultants LLC, caused a raft of media attention, followed by a nearly full page rebuttal by the then-CEO of MESCORP Holdings, Inc. Bill Beckmann, claiming MERS did nothing wrong, even though MERS was at the center of attention in the audit.  Several attorneys named in the report visited the Clerk’s office and made threatening comments to her staff but nothing ever came of it.  Williamson County joined in a suit with Travis and Nueces County in Texas against both MERS entities which went nowhere.  Sadly, the attorneys bringing the suit claimed MERS was responsible for the recordings, which the federal judge deemed was not.

Osceola County, Florida (2014) — If anything came from this Report, it was a media firestorm, apparently baited by the Osceola County Sheriff’s Department, spoon-fed to all of the Clerk (Hon. Armando Ramirez)’s political enemies, who made use of the information to smear the Clerk in the media.  Despite the efforts to make everyone involved “front page news”, the Clerk was re-elected to his position.  The FBI refused to investigate the contents of the Report, which was not an indictment, after talking to the Osceola County Sheriff’s detectives handling their end of the investigation into the Report’s contents, stating in a one-page release that they could find no victims. The State’s Attorney who was first presented with the Report, declined to investigate any of it and subsequently was not re-elected following a scandal involving Ashley Madison’s website. The Osceola County Sheriff did not seek re-election either.

Seattle, Washington (2015) — McDonnell Property Analytics was tasked with conducting a review of mortgage documents and assignments in a post-Bain decision by the Washington State Supreme Court.  Page 29 of that Report clearly stated that numerous MERS assignments contained “false statements, misrepresentations, and omissions of material fact”, noting the violative statutes, which we would sincerely entertain in taking out adversarial opponents in future skirmishes in the Pacific Northwest.  After much media attention and public outcry to the Seattle City Commission, the heat died down and things appear headed back to the status quo.  Sadly, until the bankers are imprisoned, they continue to own Washington State. (… and you know I’m not lying here!)

All of these “protectors of the public record will go down in the annals of American history” as having made a dent in “the system of things” as exposed, with no finality. I believe that “the system of things” was not approached in the right way.  The parties involved (the Clerks, etc.) in some instances, were told they didn’t have a private right of action.  So what was missing?

THE LACKING COMPONENT: STATUTORY APPLICATIONS OF VIOLATIONS

What was contained in the assignments discovered in each of the foregoing reports was “evidence” that had to be discovered and never was.  Any homeowner in America can run into court and waive their assignment around in the judge’s face and call it a fraudulent document and the judge will simply ignore them because nothing in the document was proven false or misrepresentative to the point of opening up “Pandora’s Box”.  As long as homeowners are willing to play the “delay game”, just to keep things on the level for their comfort zones, nothing will happen.  Eventually, they’ll be out of their home at the hands of a corrupt system.  If they behave like Martin Wirth, they’ll end up dead at the hands of a corrupt system.  You see, “the system of things” “circles the wagons” when it’s attacked.  Just like Custer at the Little Big Horn (and we know what happened to him).

However, the missing components here (referring to the expert witness’s foregoing statements) are not deemed to be “third-party beneficiary” intimations, which all courts to date have placed credence in so homeowner’s “don’t get a free house”.  We’re not even going there.  We are talking about statutory violations of law here, which result in ethical violations by the bank’s attorneys.  If the statutory law exposes the fraud in the public record and it is brought forward into a court proceeding, the bank’s attorney has the option to recant all of his pleadings and oral statements made to the court, because all of those statements make him an accessory to the statutory violations.  Once the bank’s attorney has stepped into the realm of statutory violations (through felony perjury applications, fraud on the court, etc.), that attorney is now subject to disciplinary action by the state’s bar, which is exactly where the ethical violations are going to be lodged, thanks to those bar mandates previously discussed on these posts.  Every state has some sort of statutory application to prosecute false and misrepresentative statements in the public record, it’s just that it’s never been postured in such a way to make it part of the court record.

THE LACKING COMPONENT: ETHICAL VIOLATIONS

Once a record has been created of all of the evidence and testimony in court, the expert witness attorney files a formal complaint to that state’s bar against the bank’s lawyer, alleging ethical violations, which now affects the errors and omissions insurance policy.  The bank’s lawyer is now tempted to file a claim to get his attorney’s fees paid for in the bar disciplinary committee hearing(s); however, if the E & O carrier should become aware of what the attorney is involved in, it would certainly become “risk averse” and deny paying for any of his legal representation, which means it has to come out of his own pocket, which could get really expensive.  At a minimum, he risks suspension.  At most, he risks disbarment.  How is he going to pay off all of his student loans then?   It’s a benefit to the homeowner, because any subsequent law firm will be aware of the case and will run from it, unless it wants to wind up playing out the same scenario as “the system of things” unfolds on them too.

THE LACKING COMPONENT: JUDICIAL SYSTEM CHALLENGES

The judge hearing the foreclosure case should “do the right thing” and hold an evidentiary hearing (see Part 7, the M & T Bank v. Smith case).  Any evidentiary hearing, properly conducted, based on all of the evidence, would preclude any action against the judge and force a settlement.  While this would be an obvious savings to the homeowner, most judges ignore the claims of misrepresentation because they have agendas.  It is these “agendas” that, if not applied, would force an onslaught of suits in that state, tying up the foreclosures dockets for years, because all homeowners would have to do is claim they’ve been wronged and ask for a free house.  We know that is not going to happen; however, “the system of things” will do more good if it is correctly applied in getting that “judge with an agenda” removed from the bench because he (or she) is complicit in a fraud and allowed it to happen, bringing exposed risk against the county and its treasury.

Besides going after the judge’s bond, we see filings to the judicial review panel, which will have the entire record given to the state bar against the lawyer in that proceeding. Without a bond, the judge cannot sit on the bench.  End of career.  End of legacy.  Maybe, even end of pension.   If it’s a senior judge that’s been pulled out because he already has a pension and a nice nest egg, personal judgments against him as the result of a proper proceeding may haunt him for the rest of his life, with not only a personal “stain” on his legacy, but any serious criminal applications here could pierce the sovereign immunity and put him squarely into a criminal proceeding, where he’d face prison time. Imagine the supreme court of any state being tied up in felony allegations?   Think West Virginia!   It can happen and you’ll see it happening when “the system of things” is fully unveiled.   You see, judges are not exempt from prison and an eventual stained legacy, despite what they think of themselves and their so-called “immunity”.

Pompous shits!  And we trusted them to do the right thing.

And let’s not forget the county who employs the judge.  They have a treasury.  Most of them are self-insured and have to answer to voters, who would be pissed at them if the treasury was drained due to multiple damage settlements. This is why state tort claims actions were developed.  Now, imagine a 1,000 people, all affected by the same law firm, all having similarly-situated false and misrepresentative assignments, all coming after the same entities (at once) who got them kicked to the curb by the same county judges.  It really only takes one judge to be removed from the bench under the shadow of felony behavior to send a message to everyone else in “the system of things” that we know how to play the game “for real” now.

If the state bar does nothing to bring a resolution to the attorney’s ethical violations, then the insurance companies will, indirectly.  No insurance carrier is going to insure an attorney with a bad record of being an accessory to a crime.  End of paycheck.  Defaulted student loans.  End of credibility (e.g., David J. Stern).   No one has gone after all his money … yet. Any law firm relying on his assignments?  Watch out!  Your time is coming.

And let’s not forget how the law firm is going to suffer at the hands of this behavior.  No E & O insurance carrier will write professional liability on a stained past history of illicit behaviors.  End of law firm.  Oh sure, they can try and just throw another firm together and keep doing the same thing until they end up disbarred like Stern; however, the bad behavior follows the principals too … and any law firm subsequently taking the case in chief.

And let’s not forget the mortgage loan servicers, third-party debt collectors and document mills creating these phony assignments, or in the alternative, relying on them.  They answer to either the departments of banking and finance or the department of insurance.  The states have risk pools (of money). Imagine tapping into that pile of cash!

There are bonds and professional liability insurance policies in force that cover the behaviors of the foregoing entities.  When they step into this fray however, “the system of things” may end up coming after the individuals and the supervisors that gave them the platform to create these phony assignments and put them all in prison.  How many “Linda Greens” would you imagine would end up there … or should?   As with what didn’t happen in Osceola County, “the system of things” would be more persuasive in this case, because of testimony, affidavits, a paper trail and a transcript of the proceedings.

The system of things put “safeguards” in place to insure that the public is not harmed by illicit behaviors.  Notice I used the word “insure”?   There’s a reason for that.  When insurance companies refuse to pay for bad behavior, someone has to … be it the state, the county or the individuals responsible for stealing private property.

YOUR ATTORNEY HAS TO DO HIS JOB!  THAT’S ALL! 

If anything needs to be understood (and stressed) here, it’s that if you’re paying an attorney to do his job, he should do his job. Not play the “delay game” with you.  There are attorneys out there that will do their jobs.  We need one that has enough sense to put an expert witness attorney on the stand in a formal hearing setting and examine him (with a prepared set of questions) like any other witness on the stand.  We don’t need him jumping up and down and screaming at the judge either.  Remember, he has to appear before the same judge again (that is, if the judge is still a seated judge).   Once this takes place, your attorney will become fully aware of the statutory and ethical violations that have occurred. Sadly, he now is mandated by his state bar to report them under the Model Rules of Professional Conduct.  Whether he does it is irrelevant.  The expert witness attorney will do the reporting to the appropriate authorities.  If they don’t act, then we hit up their insurance carriers!

Attorneys do get perturbed with “the system”.  In our previous segment (Part 8), we explored the suit filed against the Oregon State Bar, a public corporation.  Even the state bars should be held to a higher standard and from time to time, refreshed with new blood from humble folks not so consumed with their power and their copious attitudes.  State bars have a treasury too, if you get my drift. Unfortunately, many attorneys who say they’re “fighters” may try to talk you out of opening “Pandora’s Box” in lieu of a loan modification.  That, in of itself, is a trap against homeowners. But again, it’s all about the money, right?

CALL TO ACTION: SENSE OF URGENCY, WHETHER YOU’RE IN YOUR HOME OR NOT

I’m not going to do the “Alex Jones” thing and tell you to harass anyone, “push back” or man your “battle stations”.  Just the opposite.  Wise as serpents, harmless as doves.  Plan the trap. Set the trap.  Spring the trap.  Catch the prey.  Hunger Games: “Remember who your enemy is.” as you see Katniss Everdeen with her bow and arrow, going after a squirrel or a rabbit.  It’s a single and precise strike at the target.  In this “system of things”, you have multiple targets to choose from.  HOW you play that game is up to you.  You are not limited by your tactical ammo.  You do however, have to use your due diligence and wisdom to determine which target to go after and plan the trap.  The bait is already there (what’s in the public record) in the form of documents (assignments) that violate statute.  It doesn’t matter about the “third-party beneficiary” argument.  The statute says what the statute says. It means what the state legislature intended it to mean, no matter what the bank’s attorney argues.  Once that argument starts and the trap is sprung, the bank’s attorney can only do one thing: recant his pleadings and oral statements and motion for the case to be dismissed.  In the alternative, he risks prosecution and eventual disbarment for moving forward.

I want to see your “phony assignments”, especially if they involve a securitized trust, MERS, known robosigners, self-dealing, claims of merger known to be false, etc.

Send them to be at cloudedtitles@gmail.com.  I personally want to see what you’re facing.  If you have even more sense, you’ll include your contact information with your pdf submission. I’m compiling a list of aggrieved homeowners in each state, be it mortgage or deed of trust, and their violative assignments.  I DO NOT NEED TO SEE YOUR ENTIRE CASE FILES! Anyone sending me anything but what I asked for will see their emails deleted!

In the meantime, keep calm and carry on.  And remember, pro se litigants need not apply. Misapplication of any of what was discussed in any of the ten parts of this series of posts is done at your peril.

To everyone else reading these successively “belly gutting” posts: May the odds be ever in your favor.

 

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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!

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STOP WALLOWING IN SELF-PITY AND START FIGHTING BACK!

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

Woe is NOT me!

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

I have been accused by some of being an opportunist.

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

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

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

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

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

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

I have been accused by some of giving false hope.

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

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

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

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

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

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

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

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

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

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THAT’S STEP ONE! 

Stay tuned for STEP TWO! 

 

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FLORIDA FORECLOSURE COURTS APPEAR “STACKED” IN FAVOR OF JUDGES! EVEN MORE BREAKING NEWS!

EVEN MORE BREAKING NEWS — (from previous post on April 25, 2018)

Just to let you know that the author of this post and his WKDW-FM 97.5 Radio Co-host R. J. Malloy are NOT taking the Florida Supreme Court hearing involving Florida Bar charges of professional misconduct against Florida attorney Mark Stopa lying down, a team of attorneys and this author drafted an Open Records Act request to the Clerk of the Supreme Court, demanding a copy of the Florida judge’s remarks as part of the transcript, to further analyze it to find out whether or not to bring in a team of attorneys to sue the State of Florida Legislature, each state legislator personally and in their individual capacity, the Florida Attorney General (for not doing something to prevent potential conflicting legislation from being enforced) and the Florida Bar and the Judicial Qualifications Commission of the State of Florida who had to have known the implications of the legislation that rewarded judges’ behavior in foreclosure courts across the state with bonuses based on performance in clearing foreclosure dockets.  Read the request here:

stoparequestpdf-053118

We will be following up on this in short order and are still looking into the “rewards program” for judges.  It disturbs us (the team of attorneys I am in communication with) that collectively, as both lawyers and non-lawyers, that the legislature could stoop so low as to “reward bad behavior” in the denial of due process rights by passing legislation incentivizing foreclosure court judges to quickly clear off their dockets in order to get these bonuses.

We are just getting word that the Supreme Court of Florida plans on suspending Stopa’s license to practice law for one year.  Generally, attorneys have thirty (30) days to clear off their case loads and close their practices after getting formal notice.  We are awaiting further news on the latest developments.

(Updated on May 31, 2018 to reflect new development in this matter.)

BREAKING NEWS, OP-ED —

The sinking feeling that overcomes Florida homeowners entering the foreclosure arena (the Sunshine State’s version of a 3-ring circus aka “rocket docket”) was finally manifested in the case against Florida attorney Mark Stopa, who has been at the center of controversy for being abrasive before these judges, resulting in possible disbarment for professional misconduct.

In my book, when you win foreclosure cases (which means the banks lose), judges don’t like it … by that I mean having the obvious thrown in their faces; however … and we are trying to get the transcript from Stopa’s recent Florida Supreme Court hearing … it does appear that the deck has been inadvertently “stacked” against Florida homeowners in favor of not only the banks, but the judges hearing the cases as well!  Think I’m exaggerating here?  Take a look at what Stopa posted on this Facebook page:

Even with the glare of the screenshot covering up the word “notable”, what is hard to fathom is how Florida foreclosure court judges are seemingly on the “take” when it comes to clearing off their court dockets and how they were incentivized by the Florida legislature.  So, does this mean that Pam Blondie is going to investigate this scheme?  Not likely.  She wouldn’t investigate the OSCEOLA COUNTY FORENSIC EXAMINATION, which Stopa’s buddy Matt Weidener snubbed on Orlando television.  These two aren’t “holier than thou” in my book; however, I am willing to concede that the testimony from this hearing is probably damning in more ways than one and could have only happened at Stopa’s expense.  What makes these allegations (in the form of testimony from a judge included) make things any different?   Felonies are felonies and judges handling foreclosure cases appear to have gone right along with the scheme of things.  Among the rumors … that judges financially profited from the scheme based on their “performance”!

If the transcript (which trust me … is going to be gone over with a fine-toothed comb) bears any other significant testimony, you can bet we’ll use it against the judges in Florida’s foreclosure courts relative to Florida Criminal Code § 817.535 cases.  The Florida States’ Attorneys have every opportunity to launch their own independent investigations but none, including the recently-elected Aramis Ayala (in Florida’s 9th Circuit) have lifted a damned finger to investigate and prosecute any of this suspect behavior.

Exactly how many legislators and judges have been paid off by the banks to facilitate this fraud?   The stuff contained within the Stopa Facebook post seems to parallel the Volusia County judicial rag that told judges there that their “performance” was being monitored and if they knew what was good for them, they’d tow the line and clear their foreclosure dockets!   If one of their own has come clean and testified to the Florida Supremes that this sort of crap behavior is going on, then I say, it’s time to unseat every damned Florida foreclosure judge and every legislator that fell victim to this corruption (the next best thing to tar and feathers or the stocks) and hang their sorry ass political careers out to dry.

When you incentivize a Florida foreclosure judge, what do you think he’ll/she’ll do?   Of course they want to go out with a financial bang!

How many of these judges are pedophiles?   Has anyone ever investigated how much pornography is on these judges’ computers?

It seems we can’t shake these rumors.   All one has to do is examine the number of prosecutions were conducted by the Florida Judicial Qualifications Commission (JQC) and a lot of the so-called “disciplinary” actions seem lame when you compare what came out in Stopa’s hearing about the incentivizing of a foreclosure judge?   Has anyone investigated the Florida judges for acquiring property through the very own foreclosure hearing they ruled upon?  We’d like to hear about it.  If you have pictures or recorded documents of Florida judges acquiring foreclosed homes … this represents a clear conflict of interest and a bigger part of the conspiracy to defraud Florida homeowners.  Hell, it represents serious criminal activity, obviously spearheaded by some serious bank lobbying in Tallahassee.

MORE BREAKING NEWS! —

We received word from the Florida Supreme Court on the request we posited under the Florida Open Records Act and got nowhere because, even with clarity, the Clerk did not “get” what we were asking for, so we’re doing more research into the Stopa hearing, which apparently was in St. Petersburg, Florida (Pinellas County) in an open hearing held on April 21, 2018. From Stopa’s Facebook page, we know a woman judge spoke on his behalf and revealed damning information about judges being paid bonuses!  Stopa’s office is not saying much of anything, but we are hearing back channel information that Stopa may not get any suspension time at all, following our Open Records Act request!  We have also heard that other complaints against him are still pending and haven’t made the disciplinary committee yet. This is even more disconcerting because it demonstrates that the more you aggressively fight for homeowners, the more the “system” tries to beat you down.  Foreclosures are big business and the banks don’t like losing, so they will resort to any means to take out their opponent, so we’re going to start doing the same back at them!

If you didn’t get what I just said … we will be explaining HOW in the upcoming workshop!   And the banks aren’t going to like it! 

Stay tuned!

We’re going to figure out a bigger mousetrap given this testimony and we expect to have that scenario to present to you in the upcoming FORECLOSURE DEFENSE WORKSHOP … because now … given this diatribe (seen in the screenshot above) … the judge has now become an additional target.  This also means that given the testimony, it is possible that thousands of foreclosure cases could be vacated and reopened in order to vet judicial involvement.  I don’t think you realize the implications this testimony has brought out … yet.

The registration to attend this workshop is still OPEN!  Visit the Clouded Titles website and sign up now to learn strategies on targeting not only the banks’ attorneys but the judges as well!  This workshop is for educational purposes only and is not representative of the corruption that appears to be ongoing in Florida’s foreclosure courts!  After this revelation, it’s no holds barred!  We told you … when it comes to foreclosure … this means war!

The information presented here is viable for all 50 states!

 

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SIX YEARS LATER … AND THEY’RE STILL ROBOSIGNING!

OP-ED — 

In March of 2012, all of the major servicers and the 49 States Attorneys General (except Oklahoma) inked an agreement wherein the servicers would stop the then-common practice of “robosigning” documents.  Six years later and it’s still going on.  I thought it best to clarify a few things before discussing where we are today.

Robosigning was a term referenced often by the late Kings County, New York Judge Arthur Schack, wherein he described the act of affixing signatures to documents in such a manner that: (a.) the signatures were illegible; (b.) the signatures could have been affixed by anyone [also known as surrogate signing]; (c.) contained information that was grossly distorted or misrepresentative [in HSBC v Taher_Schack, he noted that the address of the REMIC was at the same address as that of Ocwen Loan Servicing, LLC in Palm Beach County, Florida], and now Ocwen Financial is acquiring PHH Mortgage, which was notorious for carrying on the same process that prompted the AG settlement.

Typical aspects (I call them “markers”) of robosigning include: (a.) scribbled signatures; (b.) varied signatures of the same name; and (c.) signatures different from the indicated name typed underneath the signature line.

Surrogate Signing came to light in the wake of the discovery of Linda Green, whose name was so easy to sign that everyone at DOCX was doing it: THE NEXT HOUSING SHOCK

As you may know, the President of DOCX ended up in Club Fed.  This conviction (of Lorraine M. Brown) was the only significant “slap on the hand” for bad behavior (of a document mill officer) that resulted in the loss of millions of homes in foreclosure actions through fraudulently-manufactured-then-publicly-recorded documents.

Typical markers of surrogate signing can be found on documents generated prior to 2012, that are commonly (and still) relied upon to tie together a chain of title for the purposes of “stealing” a borrower’s home.  Just because the borrower signed a note and mortgage doesn’t give the banking cartel the right to be sloppy about the way they followed their own procedures involving securitization (or the lack thereof).

Notary Fraud can occur in a multitude of ways.  Each state has specific regulations governing the commission of notaries public.  One doing any kind of research however, will need to pay attention to the regulations of certain states, which have (for all intents and purposes) watered down the obligations and governing regulations of notaries.  Some states do not require a notary bond.  Some states do not require notaries keep a journal of every notarial acknowledgment they perform.  Some states don’t even require that the notary physically witness the signature of the person executing the document.  What those in state government do not understand is that they are complicit in the very behaviors they put Lorraine Brown in prison for because local prosecutors do nothing to stop any of the foregoing behaviors for fear of putting their own political asses in a sling.

Some states (like California) require the notary to sign under penalty of perjury.  Perjury is a criminal matter, which can result in jail time.  Local prosecutors could easily make short work of handling a notary fraud case, simply by investigating the notary … it only takes one conviction to send a message … but they don’t.

As a “marker”, notary fraud could be the result of: (a.) acknowledging a signature that wasn’t affixed by the party claiming to have executed the document; (b.) acknowledging an execution when the party affixing their signature wasn’t present at signing; (c.) acknowledging an execution of a document as a party to a group of signers who routinely manufacture assignments of mortgage or deed of trust (similar to what went on in Simi Valley, California between 2012 and 2016 at Bank of America, N.A.’s robomill); (d.) participating as a notary in any document manufacturing scheme wherein the information placed within the document is false and misrepresentative and was placed there intentionally (civil conspiracy) wherein the notary was directed to participate as part of the signing process with the knowledge that what the notary was doing was illegitimate; and (e.) pre-acknowledging documents and affixing a seal with no signatures placed upon the document.

Self-Assignment is a common marker of the major banking institutions who can’t find paperwork, so they have their own employees (whether the major bank is servicing the loan or not) make stuff up out of thin air.  An example of this follows (with my analysis).  This is also included in the scheme of document manufacturing.

All of the foregoing “markers” are part of a scheme called “Document Manufacturing”

I talk about this extensively in the book Clouded Titles, which has undergone several updates between its original publication in December 2010 and its final “Mayday Edition” on May 1, 2016 because of newly-discovered information pertinent to investigations by this author through Chain of Title Assessments (COTAs) this author has conducted.

Document Manufacturing is the process by which multiple parties are retained by a mortgage loan servicer to act in a capacity of a bank official, using Mortgage Electronic Registration Systems, Inc. (on many an occasion) to further “dilute” the chain of title by obfuscating the path of ownership from the originating lender (many of which were bankrupt and out of business at the time the document was executed) to the current “alleged” owner of the mortgage loan.  Most of this process takes place within ninety (90) days AFTER a borrower allegedly stops making their mortgage loan payments.  Customarily, most of this scheme takes place within the walls of the mortgage loan servicer’s own document manufacturing plant or at a contractor-based, third-party document mill.

The scheme may involve witnesses also attesting to the signature of the alleged “officer” signing the assignment. Many times, these witnesses are notaries (who should know better).  Many times, these witnesses simply sit around the signing table, shuffling documents from person to person, all affixing their signatures to a pre-determined spot on the document.  All of these documents are then bundled up and taken to a different part of the building and placed on the desk of a notary who will then acknowledge the documents and affix the notary seal to each one, claiming the signers “personally appeared” before them, when in fact, THAT did not happen!

The scheme is designed to place everyone in the manufacturing chain at better than “arms length” away from the servicer, as a means to reduce liability.  This would bring this author to an obvious conclusion that it would be more difficult to seek out and depose those who participated in the scheme because of costs and time involved, making it virtually impossible to defend one’s property from theft by document fraud.

AND HERE IT IS … 2018 … AND …

… we still have not gotten past being dishonest about providing solid proof of effective transfer of the promissory note in conjunction with an assignment of a mortgage or deed of trust.

As the result of the OSCEOLA COUNTY FORENSIC EXAMINATION, we learned that having local law enforcement investigate matters of this nature was way over their heads (let alone their pay grades).  They are either in denial or superbly arrogant about having to investigate what they said were “victimless crimes”.  The investigation involved the examination of documents in the land records from June 1, 2012 (after the AG settlement was reached) and June 1, 2014 (a 2-year span).   Mortgage Electronic Registration Systems, Inc. was used as a research guide, because it led the examination team directly to all of the securitized RMBS documents, which contained continued patterns of everything I’ve described in this article.

As a means of education (because I can’t give legal advice) … let’s examine a couple of recently-filed documents:

In Osceola County, Florida, where we previously conducted an examination of their land records, paid for with Osceola County taxpayer dollars, I happened to find this recently-manufactured self assignment:

In the foregoing instance, I analyze the following suspect issues for your evaluation: 

(1.) This assignment of mortgage was done by JPMorgan Chase Bank’s own employees in their document manufacturing plant in Monroe, Louisiana on January 10, 2018.

(2.) The document could have been executed to Chase by Standard Pacific Mortgage, Inc., without the use of Mortgage Electronic Registration Systems, Inc., as Standard Pacific Mortgage, Inc. is still in business in Irvine, California. Why then did Chase employees, in a civil conspiracy with Nationwide Title Clearing, Inc. in Florida, have to then create this document?  Why didn’t the originating Lender create and execute the document?

(3.) If you’ll notice, “Judy G. Jackson”s printed name appears to have been inserted into the document by the party creating AND executing it.  The notary did not even fill in the space provided.

(4.) In this instance, the notary claims that Judy G. Jackson was “personally known, who did say that he/she/they” (the notary is too lazy to delineate for gender and plurality to make the document appear more legitimate). Nowhere in the document does it say that Louisiana Notary Amy Gott, who has a lifetime commission, actually “personally witnessed” Jackson’s signature.

(5.) There is no proof of authority anywhere on the document, indicating that Jackson had the authority to execute the instrument, which was signed on January 10, 2018.

(6.) The document misrepresents the mailing address for the lender as that of Mortgage Electronic Registration Systems, Inc.’s post office box in Flint, Michigan.

(7.) Notice that the Assignment of Mortgage ONLY “conveys” the Mortgage (and NOT the Note)?

(8.) The document was further obfuscated by the return address (after recording) as that of Nationwide Title Clearing, Inc. (“NTC”) in Palm Harbor, Florida (one of the companies targeted as a third-party document mill in the Osceola County Forensic Examination).  Why send it to NTC in the first place, unless NTC had something to do with its manufacture?

(9.) Notice the 1999 corporate seal for Mortgage Electronic Registration Systems, Inc.?  The employees at JPMorgan Chase Bank misrepresented their authority using “MERS” to obfuscate the chain of title.  NTC obviously has a document manufacturing, archive contract with Chase, which could be further played out through discovery.

(10.) You will notice from doing your own research that the use of Mortgage Electronic Registration Systems, Inc. to obfuscate the chain of title with a “place card-type” position of the “nominee” (agent), has been used for so long that our very own United States Government and County Clerks and Recorders (who are blind, or reprobate, or both) simply choose to let this lie proliferate.

EXAMPLE #2: 

In the foregoing instance, I analyze the following suspect issues for your evaluation: 

(1.) This assignment of mortgage was done by a third-party document mill in their document manufacturing plant in Pittsburgh, Pennsylvania on February 21, 2018.

(2.) The originating Lender (IndyMac Bank, F.S.B., now out of business) obviously used Mortgage Electronic Registration Systems, Inc. to transfer its loans within the MERS® System via the use of a third-party mill, who couldn’t even be bothered to put the 1999 Mortgage Electronic Registration Systems, Inc. corporate seal on the document.

(3.) If you’ll notice, the party signing the document is using a non-designated “official title” for Mortgage Electronic Registration Systems, Inc.?   Mortgage Electronic Registration Systems, Inc. only allows signers to use the titles of “Assistant Secretary” or “Vice President” (not as shown).

(4.) The pre-printed document contains the name of the signer in the notarial execution in all capital letters, which means it was inserted into the document using computer software.  The signer couldn’t even sign her own name in full.

(5.) Geez … every other Florida assignment I’ve seen had two (2) witness signatures contained within the document.  I guess these third-party doc mills don’t care if they follow Florida law or not, right?

(4.) Knowing how third-party document manufacturing plants behave, I would debate the use of the words “personally appeared”, given what we know about signing plant floor plans.

(5.) There is no proof of authority anywhere on the document, indicating that Salicce (the signer) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents (robosigning).

(6.) The document doesn’t even list the mailing address for Mortgage Electronic Registration Systems, Inc., even though it claims to have an interest in the Assignment (as the “Assignor”) … pretty blatant huh?

(7.) Notice that the Assignment of Mortgage ONLY “conveys” the Mortgage (and NOT the Note)?

(8.) Notice that since IndyMac was out of business, a third-party document mill had to use Mortgage Electronic Registration Systems, Inc. to obfuscate the chain of title to convey the mortgage (ONLY) into the REMIC directly, which by the way, had a cut-off date of June 1, 2005 and a Closing Date of June 15, 2005, in violation of the governing regulations for that REMIC, which can be found here: http://www.secinfo.com/dqTm6.z1en.htm.

(9.) Also notice that the name of the REMIC is incorrectly listed.  According to SEC records, the official name of the REMIC is the Indymac Home Equity Mortgage Loan Asset-Backed Trust, Series Inabs 2005-B.  As far as I can see, there are are least three (3) distinct misrepresentations under Florida Criminal Code § 817.535 in the forgoing document.

(10.) Do we have possible notary fraud here?   Do you not see in the notarial execution where the notary claims to have acknowledged that Salicce (an employee of Visionet Systems Inc.) was an “Assistant Vice President” of Mortgage Electronic Registration Systems, Inc. when in fact, there is no such designation?  And from the scribbled signature of the notary, is it possible she executed this document without the signer being present and does this often enough to get writer’s cramp signing scribbled signatures a lot?  It might merit requesting her notary application from the Commonwealth of Pennsylvania to see if that signature (on her application) matches the signature on this document.  Also notice the acknowledgment says nothing about “personally appeared” either.

By the way, the bold-faced type you see in the foregoing assignment is part of the boiler-plate software template used by document mills to create these suspect documents.

THIS BEHAVIOR ALSO COVERS “RELEASES OF MORTGAGES” AND “DEEDS OF RECONVEYANCE”

If you think that the foregoing behavior only applies to assignments, you should look at Releases of liens as well. Of particular note is the issue of potential unauthorized practice of law, which is a felony in Florida and most other states, for executing and recording documents known to contain false information (perjury) without attorney supervision.

I have successfully participated in removing (by expungement) a bogus Release of Mortgage out of the land records in Hillsborough County, Florida and the existing “alleged pretender lender” has absolutely no idea it now has a competing lien ahead of its foreclosure attempts.  This is why foreclosure law firm attorneys are so imbecilic when it comes to “getting their story straight” when they try to foreclose on a mortgage without FIRST checking the chain of title for competing liens … which brings me to my next point:

Any lawyer for the banks that comes into court and regurgitates these misrepresentations is likely to have committed not only felony perjury and potential multiple ethics violations … but any subsequent law firm will not be able to continue their tirade on the property once the initial violations have been exposed.

Perhaps it is now time to go after the foreclosure mill lawyers instead of just their clients!

My final parting shot goes against the state district and circuit attorneys who refuse to criminally prosecute these people.  Don’t yell at me!  You elected them!  You and I can both probably think to ourselves what worthless POS these people are if they aren’t going to do what’s right.

If you don’t know your rights … you don’t have any!

Dave Krieger is the author of the book Clouded Titles and has a weekly radio show on WKDW-FM in North Port, Florida covering consumer issues. He serves as a paralegal and chain of title consultant to attorneys as well as performs chain of title assessments for consumers as well as  forensic examinations and audits of county land records, despite the fact he is a disenfranchised citizen of whatever you want to call this economically messed up country you live in.

Coming soon … How to deal with the next financial collapse in America! 

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