Tag Archives: Plan B

AMERICAN FORECLOSURES … DIVIDED WE FALL

(OP-ED) — The author of this post puts forward this information for the purposes of education and enlightenment and not for the purposes of rendering legal advice. 

THE MORATORIUMS ARE GOING AWAY SOON

If you’re a homeowner who has been affected by the coronavirus to the point of losing a paycheck and not being able to make your mortgage payments, you’ve probably been living off your credit cards during this “lockdown”.  The anticipation that you’re going to start hearing from your mortgage loan servicers (if you haven’t already) is growing to the point of panic and anxiety knowing that you’ve been given a reprieve for so long but that point in time is coming to an end and you’re going to have to face the music.

I for one do not believe that the 2-month lockdown warrants the same type of foreclosure activity that took place between 2009-2014 as a result of the 2008 financial crisis, despite the fact that the nation’s economy has suffered a serious upset by the pandemic.  The difference between what happened in March and what happened in 2008 was that the secondary markets were quietly imploding and didn’t hit us until the actual collapse of Bear-Stearns and Lehman Brothers started a tidal wave of Chapter 11 filings in the subprime lending markets.  We saw this one developing and began to prepare (for some, like me, you saw it coming in February and started accumulating whatever cash and supplies you needed), which included but was not limited to, hoarding toilet paper and hand sanitizer.  The fact the pandemic was hidden from most Americans for better than two weeks only shortened our preparation time.

Many Americans ignored the warnings of the viral component’s ability to spread … hence, Spring Break.  This was only one of the catalysts.  Two separate cruise ships on both coasts (San Francisco and Miami) were already affecting dozens of passengers, one of which I knew from a non-profit organization that she and I were both a part of.  She was dead upon arrival into the Port of Miami.  When it’s someone you know, it hits home rather quickly, sometimes too close to home.  But at least we knew the ships (full of sick and dying) were headed straight at us.  We at least had time to prepare and mobilize our resources.  This isn’t something that was intended to cripple our morality.  The virus seemed intentionally let loose to cripple our economy and thus, our modes of survival.

POLITICS ASIDE?  NOT!

This entire crisis has been manipulated by the medical community, including but not limited to, the National Institutes of Health (NIH), the Centers for Disease Control (CDC) and Dr. Anthony Fauci, the President’s adviser.  Be mindful of the fact that Dr. Fauci (who I equate to Dr. Josef Mengele of Nazi fame) has served previous administrations, both Republican and Democrat (before you start raring up your emotions at little old Libertarian me for daring to question what’s really going on here).

Both the Republican and Democrats have taken advantage of this crisis.  Both sides of the aisle debated and passed legislation to benefit their own constituents.  Both sides of the aisle debated and passed legislation to benefit Wall Street.  Both sides of the aisle debated and passed legislation that gave most of us (but not all) some sort of stipend (dole) as a means of attempting to support those who the government considers “law-abiding taxpayers”.  Both sides of the aisle used the pandemic as a means of either gaining political control or upending the other side’s political control.  Don’t you just hate it when that happens?  And over 100,000 people are dead in America just so both sides can point fingers at each other with accusatory tones.  But also remember, Fauci has told this President (as well as past Presidents) what might happen with the pandemic and what protocols should be followed, whether the protocols (or the informational data used to formulate those protocols) was accurate or not.

Both sides of the aisle have not come up with a remedy (other than a moratorium on government-backed GSE foreclosures) to stop the tsunami of foreclosures that we could have faced if the moratoriums were not extended by the State’s governors to include all mortgage loans, which included evictions.  Now we’re faced with our own set of politics … a national network of mortgage loan servicers, collectively using “the system” to play out unfortunate scenarios against afflicted Americans who still haven’t formulated a PLAN B as to how they intend on dealing with the aftermath of this “planned economic strike” against America.  Everyone of course is pointing a finger at the Chinese Communist Party (CCP) and blaming that entity for our troubles when in fact, the troubles were seriously exacerbated by our very own government in the way it doled out the money.  Again, the trickle down effect impressed not one taxpayer to the point that they thought someone did them a serious favor.

In other words, how long did that $1,200 check last each person already financially affected by the loss of employment.  When the moratorium gets lifted, those who are still struggling could become the first casualties of the second foreclosure epidemic.  I don’t consider any of this at all funny.  In fact, it’s disgusting that America has allowed itself to become embroiled in public debate over police brutality vis a vis the media, who hates Trump and wants your country to be turned into a socialistic state. The media has become so left-liberal it’s sickening.  You can’t turn on any channel and get the truth because politics has (and is) playing itself out at every turn of events.

DEFUNDING POLICE DEPARTMENTS?  DOES YOUR PERSONAL SAFETY MATTER?

Both George Floyd and Rayshard Brooks had much in common.  Both were black.  Both were convicted felons.  Both served time in prison.  Both were in the wrong place at the wrong time.  Both allegedly were involved in the commission of a crime (Floyd for passing a counterfeit $20 and Brooks for being intoxicated at the wheel of a running motor vehicle) for which they were placed under arrest.  Both died at the hands of police officers who were white.  Both were exemplified as poster children by the left and the media.  Both gave anarchists impetus to riot and commit destructive acts.

Now that you see the facts, do the cops need sensitivity training or does the public need sensitivity training?  After all, a young, white woman was captured on video burning down the Atlanta Wendy’s restaurant where Brooks was fatally shot during the riots that followed.  While it is relatively easy for white people to all of a sudden think a black person set fire to the restaurant, the video shows otherwise.  The video shows that there are people with no morals living among us that are out to prove a point … that anarchy is acceptable as a means of protest … even if it involves arson, which is a felony.  The other part of the problem, which my wife was quick to point out over coffee this morning, was that folks stood by videoing the act with their cameras so they could post it on social media because everyone is into sensationalism now.  So, does committing a crime for the purposes of sensationalism make it okay?  Why didn’t the people doing the video taping with their cameras stop the woman from burning down the Wendy’s?   Where did our morals go?   And the left want to defund police departments over the acts of bad actors?  I think not.

The U.S. Constitution and the Bill of Rights provide for the general welfare and safety of ALL Americans, not just the Black Lives Matter folks.  The First Amendment to the U.S. Constitution grants ALL of us a certain number of freedoms (self-expression and the right to assemble peaceably).  However, your liberty and freedoms ends where another person’s liberty and freedom begins.  When you violate the Constitution by committing a crime outside of the boundaries of what the Amendments are designed to protect, then the system has measures in place to deal with the offender.  The system did not afford those protections to Floyd and Brooks because of the actions of a few white officers.  Whether they will be granted immunity is anyone’s guess.  According to a friend of mine in Texas (who is a police officer), there are some who you cannot give a gun and a badge to because they’re more dangerous than those they were sworn to protect.

Many police departments are not funded well enough.  As my co-host on City Spotlight – Special Edition (on kdwradio.com), R. J. Malloy stated, “This isn’t Andy of Mayberry.”  There isn’t an issue over the fact Deputy Barney Fife only had one bullet in his gun, other than for his own well-being in not shooting himself in the foot. The issue is what protection Sheriff Andy or Barney Fife could (or would) do in the event the citizens of Mayberry’s personal protections were in jeopardy.  What police departments don’t need is tanks and military style Humvees.  What police departments do need is officers who are equipped with the means to protect and serve those citizens they were hired to protect and serve.  Anything short of that would represent a disservice to their respective communities, sensitivity training or not.

And here I thought the parental saying (from way back when) of, “Two wrongs don’t make a right” still applied to today’s community standards.  When the police can’t respond, or refuse to respond (as what is happening in Atlanta right now), sometimes referred to as the “Blue Flu” (officers calling in sick as a means of protest), then the level of personal protections afforded under the Constitution are eroded.  This gives way to those without moral scruples to commit further acts of violence.  I sometimes believe these people do these heinous things because they have a bone to pick with authority.  I think it would be best that police would be stripped of their qualified immunity from prosecution if they went “past the point of no return” once the person arrested was restrained or incapacitated, armed or not.  In Brooks’ case, the cop was videotaped kicking Brooks after putting two slugs in his back and was quoted as saying, “I got him!”   What’s that’s supposed to mean coming from a white cop with a bald head (skinhead)?

Despite the fact we can all agree that prejudice has no place in a decent, moral society, it still exists and is being driven deeper and deeper into the hearts and minds of those who feel they are being oppressed.  That includes those who feel that they’re being deprived of their Constitutional guarantees to safety and security.  Police officers should be held to a higher standard, especially when it comes to those they swore an oath to protect and serve, despite the color of their skin.  The bigger problem here is that with society melding into multiculturalism, it will soon devolve.  I predict there will be another spate of White Flight as American society continues to devolve.

UPHOLDING RIGHTS INCLUDES THOSE FACING FORECLOSURE

When it comes to foreclosure, we all have to have a game plan.  In 2008, when the financial markets collapsed under the weight of the failing securities debacle, it set the stage for multiple infractions against homeowners.  The biggest divisive scheme was the creation of notes out of thin air (the notes that had been shredded after they were uploaded as originals into the MERS System®).  It is common knowledge, as well as arguendo amongst those in the mortgage world, that the notes, along with their accompanying mortgages and deeds of trust, were shredded because paper proof of a contract was replaced by an electronic system of record keeping.  Many believe the originals were archived, yet there is no finite evidentiary proof of that.  What shows up in courts across the country in foreclosure cases I’ve reviewed are “copies” of original mortgages and deeds of trust that were pulled down off of the MERS System®, as well as the notes that the mortgage loan servicers now claim to be “originals”.

What we are seeing (and I talking about the collective group of investigative analysts looking into this documentation) is copies of notes being manufactured from copies pulled from the MERS System® and doctored up to look like originals.  The banks and their servicers and document manufacturing plants have gotten very good at reproducing notes to look like originals.  This is why certain individuals, knowing their notes might be shredded, filled in the “o’s” with ink on their promissory nOtes. Anyone reproducing a copy of a note trying to make it look like an original would have missed the filling in of the “O” in “nOte” which would be a dead giveaway of document manufacturing.  However, 99.9% of borrowers did NOT do that at the closing table.  The gullible are always the first to fall.  The gullible wanted the keys to the house, no matter what eventual price they would pay later.  The gullible constituted some 97-98% of  those who vacated their homes as soon as they were served with foreclosure documents because they had no Plan B and were never prepared to have to deal with foreclosure.

I was just speaking with an investor this morning who told me that the average homeowner or attorney could keep a foreclosure at bay for at least two years and keep either the homeowner in the home or rental income flowing for two more years.  So how’s that possible?  I discussed that in my video post on the Clouded Titles YouTube Channel.

In the physical realm, you have certain rights to life, liberty and property.  When you enter into a contract with a mortgage lender, you give up some of those rights in exchange for having a lien placed against your property by and through a security instrument, which is either in the form of a mortgage or deed of trust (Security Deed in Georgia; Installment Contract in Montana).  Most people do not realize that the balance of those rights allow you to examine and litigate certain inequities that may exist as the result of the foreclosure; however, most Americans are just too quick to give up and run away, rather than stand and fight. This is what happened after the 2008 financial collapse.  In today’s times however, abandoning your property puts you at higher risk because of the potential of coming into contact with the dreaded “virus” and succumbing to it.  If I told you that you could stay in your home for two more years just by taking a stand against the mortgage loan servicer, wouldn’t you be the least bit interested?

This is why I’m doing an online Foreclosure Defense 101 Workshop at the end of July.  It may be my last “due diligence” effort at attempting to help those afflicted by foreclosure.  I have made numerous attempts in the past to consult with attorneys behind the scenes and at trial, some successfully; however, the number of folks who wish to take what I have to say seriously aren’t listening.  So, you might ask yourself … why is Krieger even bothering to help these people save themselves from financial ruin?

I take the attitude that “might does not necessarily make right” … and just because you’re a well-funded mortgage loan servicer, that does not take away the homeowner’s right to protest against the foreclosure, both in and out of court.  I’m going to use this opportunity to bring attorneys into the mix to discuss Rules of Evidence and Rules of Civil Procedure.  These two areas are where homeowners are easily defeated.  It is in these two areas that homeowners can stay in their homes for 2 years or longer.

Your rights to litigate are not restricted by the contract you signed at the closing table.  You have every right to initiate a suit and defend a suit (depending on which state you live in and depending on which process you’re engaging in … judicial or non-judicial).  By taking simple, inexpensive steps, you can create a Plan B for yourselves by taking the initiative to respond or act.  It is your decision to learn the tactics or not learn the tactics.  My suggestions in this online workshop are based on research, but I’m going to let a couple of legal professionals share some of these strategies with you in the 4-hour block we’re devoting to educating you on foreclosure defense.  We will be recording this session for purchase and playback on the Clouded Titles website; however, the difference between attending the online live event and downloading a recorded event is that you don’t get to ask questions and get answers right away.  You have every opportunity to fight back and the financial risk to you attending this event online is low compared to the information you are given.  I told you in my blog post about the two-year window that attorneys can carve out for you so you can make alternative plans. As part of the webinar, I’m going to share written details with you in PDF format that will help guide you through your educational “learning curve” about how attorneys can drag a foreclosure case on for more than two years!

Again, you are known by the paths you take and the choices you make whether a homeowner or an investor.  Stay tuned for more posts on this.

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Filed under OP-ED, Securitization Issues

LET THE GAMES BEGIN, PART 3

(OP-ED) — This think piece is offered for your perusal and consideration of the things to come when the foreclosure and eviction moratoriums are lifted.  The poster of this blog insists you approach this from a common sense standpoint and do not take the information contained in this post to be the dissemination of legal advice. 

THE BANKS AND BIG CORPORATES WERE BAILED OUT!

And the hits just keep on coming!

Not a day goes by where I’m not researching and trying to tail some article denoting where any or all stimulus packages passed by the U. S. Congress didn’t first go to help out those “too big to fail” FIRST, then, if there was anything left over, “we got the crumbs from the Master’s table.”  Doesn’t that idea just infuriate you just a little bit?

Many of you are struggling financially worse than at any other time in your lives.  The bigger picture here is that with companies like J. C. Penney (an anchor tenant at most major shopping malls) filing for Chapter 11 bankruptcy and Pier 1 Imports announcing closure of all of its stores, post-liquidation, exacerbated by the conditions imposed by a national calamity (the corona-crisis), Darwinism applies to more than just residential foreclosures.  Victoria’s Secret has also filed for Chapter 11 protection as did mall retailer J. Crew.  Upscale shopping conglomerates Nieman Marcus and Sak’s Fifth Avenue are also in talks with creditors trying to head off the inevitable.  Sears and Dress Barn have already bitten the dust.  Macy’s is struggling but at this juncture is reportedly going to close more stores in order to be able to survive.

If you’ve been to a shopping mall lately, you’ll notice the absence of car and pedestrian traffic.  Online shopping stepped in and took over the slump created by the corona-crisis.  This would make me wonder if all of this was by design, to alter the way we think and behave.  I mean seriously, you can’t go into any store without someone at the counter either avoiding you altogether or insisting you put a mask on.  Wearing a face mask is another form of “conditioning” that is going to have negative side effects besides the starvation of oxygen to the brain (hypoxia) over time and extended mask use.  If you’re healthy, I ask you, what germs do you have the potential of spreading?  If you’re not healthy, why are you even leaving your house to go mingle in public places?  As businesses fold up, you’ll be doing all of your shopping online (even grocery shopping).  This is a condition that I’m afraid is going to affect everyone’s futures because now “they” (the merchants of the earth and Big Brother) will be able to specifically track everything you’ve purchased, when you purchased it, how frequently you purchased it and with what mechanism (credit or debit card) you purchased it.  “They” will know all of your spending habits.  Cash will be unnecessary.

THE CASHLESS SOCIETY MAY BE CLOSER THAN YOU THINK!

This is where the average human brain starts fighting back.  It is very difficult to accept the idea that we can live without “cash” (M1 currency).  “They” have been using the corona-crisis to “scare” everyone into the “conditioned habit” of online shopping and home delivery.  Even gasoline purchases by the delivery drivers are either going to be through a company account or credit card!

Simple test … think about all of the purchases you’ve made in the past 90 days.  How many of them were made with M1 (cash and coins)?  How many of these purchases (or payments) did you complete using M2 (checking account check)?   And lastly, how easy was it to pull your debit or credit card (M3) out of your wallet and swipe it, even for groceries?  This should tell you where your brain’s “condition” is either at or is headed in terms of what “they” intend to accomplish in today’s society.

Many folks I know are cleaning out their bank accounts and closing them.  At this juncture, this may prove very unproductive.  Complete disconnect from the mainstream mindset is only afforded to few well-prepared individuals out there in the hinterland and those individuals still have to rely on the use of a medium of exchange (besides barter) in order to survive.  Unless you’re totally off the grid and can trade with someone who will pay the required taxes and insurance on your residence and make your mortgage payments for you (which I don’t see as an option here), “they” are going to insist you comply with the “conditioned” parameters (options) “they” want you to use.  I mean seriously … what if the government suddenly demanded that everyone turn all of the federal reserve notes in because as of a certain point in time, they would be considered “worthless”, of no value even to barter or underground economic gain and replaced it with modes of exchange where only a government-instituted bank account would be required (for each person with a social security number or TIN).

This is where the “chip” eventually comes in.

A “CHIP” IN TIME SAVES NINE!

“I WANT YOU TO TAKE THE CHIP!”

Don’t let the folly of their arrogance (“they”, the system) fool you.  Mass RFID chip implantation is planned for execution during our lifetimes. I posted an article in my last blog where legislation is being proposed in Arkansas regarding the chipping of employees for use in eliminating “time-wasting” inconveniences, like swiping a key card in order to access restricted areas by employees whose companies insist they be chipped. At least a hundred people I know have said, “No way I’m going to let them stick a chip in me!”  Some have said, “I’ll fool the RFID chip and wear a metal glove to block tracking of my whereabouts.”  It is amazing how our retaliatory brains are thinking about ways to defeat things that aren’t in our present day yet.  If you research these RFID chip manufacturing plants around the U.S. alone, you’ll be quite shocked as to how far their “progress” has actually manifested itself in the present day.  This will more than likely push your brain into overdrive as “panic” behaviors attempt to push your internal brainwaves into a state of total denial.

“It can’t happen here.” (your conscious mind wants to believe) …  Well … yes, it can.  And it is.

Nearly a fourth of U.S. States are doing something to enforce regulation on the implantation of RFID Chips!

And those who “drank the Kool-Aid” will be the first to line up to get chipped, for a variety of not-so-complex reasons (like “I love Big Brother” and “I want the government to take care of me”).  When MAD® Magazine came out with the phrase, “What, Me Worry!” there was a reason for that.  Start reasoning the differences between the use of a chip and electronic ink because that’s the alternative if you refuse to be chipped.  You can run but you can’t hide.  Doesn’t this just scare you privacy advocates just a little bit?  You can stop this with your votes.  You can stop the madness by calling your state and federal congresspeople and insisting they pass legislation similar to Arkansas or even more stringent, to keep chipping from even becoming an “option”.

I love it when people say “I’ve got nothing to hide!”  It’s like the same people who wear masks while driving.  Outta the gene pool with you!  Reflect back when the CDC didn’t want people wearing masks unless they were sick.  One rationale was that it would be easier to identify those that were sick because they wore a mask.  Then, the CDC did an about face and started ordering everyone to wear a mask, because the hierarchy then reasoned that the principal of wearing a mask was to protect others from your germs.  Once a mask gets “moisturized” (fluids bleed through) however, the vapor is pushed out into the air as you exhale.  So, what good does it do to get to “herd immunity” if everyone’s wearing a mask … especially while driving (Gawd! What a dumbass!)  Have you seen people wearing masks while driving?  Do me a favor, honk at them and flip them off for me!  This is Darwinism at its finest folks … and these retards will be the first ones to take the chip … and the vaccine … all in the name of helping out Fauci, the CDC (who has a patent on coronavirus) and Big Pharma!

UPDATE AS OF MAY 23, 2020 … My co-host on City Spotlight – Special Edition (WKDW-FM, 97,5, North Port, FL) has made me aware of at least 2 accidents where drivers wearing masks while driving passed out, causing accidents as a result of oxygen deprivation.  Again … what dumbasses!  They’ll all die trying to get at the Kool-Aid just because the government tells them to do something because they can’t think for themselves!  I’m not sure who is more stupid … the drivers wearing the masks or the government officials telling them they have to wear a mask in the first place! 

BIOLOGICAL WARFARE AND FINGER POINTING … 

As I’ve identified it through my research (you do your own if you have any doubts), the National Institutes of Health (directed by Dr. Anthony Fauci); the Centers for Disease Control (who has a patent on coronaviruses, which the U.S. Supreme Court says you can’t do); and the Wuhan Institute of Virology … ALL had control over the virus (COVID-19) before, during and after the entire pandemic was announced.

I was in the military during the Vietnam War.  I took an oath, based on my swearing to defend the Constitution of the United States, to protect my country from all enemies, both foreign and domestic.  I don’t know about you, but if you’re going to point fingers, look at this pandemic as “political” in nature because it does indeed involve a biologic weapon.  It’s an undeniable fact that COVID-19 spread all over the world.  The virus has succeeded in eliminating portions of the populations in over 119 countries worldwide.  The World Health Organization waited two weeks after it found out about the release of the virus before it did anything; thus, making WHO a co-conspirator in the entire scenario.  Then you have CDC officials saying we need to “get rid of the whites” because they refuse to take the vaccine.  In other words, because certain individuals have the capability of recognizing a threat when it’s staring them in the face … and know that they have the right to say HELL NO to a vaccine, we must find some other way to exterminate them.  You know who all the players are.  These are the individuals and groups responsible for this virus’s creation and whether the release was accidental or deliberate, it’s still biological warfare … and these are the people with their fingers on the triggers.

This is nothing more than a power grab to take complete control of our minds, our behaviors … the way we think, feel and act … and our society, whether it’s Agenda 21, NWO, whatever.  It’s politics … and you can thank Washington for that.  BOTH political parties are also indirectly responsible; however, most folks are still trying to ascertain who knew what and when they knew it, so it’s hard to blame anyone in Congress … yet … but trust me, there will be blame to go around at election time, which is what the politicians are counting on … especially those who want to instill socialism in this country.

HOW WE STOP THE FOREGOING MADNESS: PUBLIC BANKING

This is an option being promulgated by the Public Banking Institute.  If you look at the successes being enjoyed by the Bank of North Dakota, you’ll realize the difference that having a public bank can make, especially when it’s being run under very strict fiscal policies by the state government itself.

There have been many who have expressed concerns about having large chunks of money (M1 or M2) deposited in the megabucks, who might be tempted to take it all away from you in the name of self-preservation during this pandemic or in future pandemics to come.  I only personally recommend leaving enough in to pay your monthly bills and to keep whatever large reserves you might have in a safer place.

I’ve also gotten into discussions with financial advisers over WHERE to put reserves and they’re telling me that airline stocks (or any stock that has a chance of being bailed out by the government) are probably safer bets on where to hedge cash.  Just not in hedge funds.  These accounts are already over-extended and rehypothecated and thus, are at higher risk of collapse.  Please read the following posts for more information:

Another Bank Bailout Under Cover of a Virus – CounterPunch.org

Crushing the States, Saving the Banks: The Fed’s Generous New Rules | WEB OF DEBT BLOG

Now imagine having a government-instituted bank account that is connected to your RFID chip.  Anytime you make a purchase, you swipe your hand over the scanner and voila! … the amount you just spent is deducted from your account as a debit entry and placed into some business’s account as a credit entry.

Now imagine combining a nano-chip with a numbered vaccine, so you can be tracked anywhere you go (if you survive the vaccine).  Part of this “plan” is population control over those that the “agenda” wasn’t able to exterminate.

Public banking would not tolerate this, which is one of the reasons I brought it up.  If you’re not aware of public banking, you need to familiarize yourself with it, because some of it is rather socialistic in nature, but offers more stability in the long run.  Bank runs will be negligent if public banking is instituted.

THE NEXT MASSIVE LAND GRAB …

I conclude this post with fair warning.  Most of you are probably already aware that the clock is ticking closer to the state and federally-imposed moratoriums coming to an end, wherein the banks can capitalize on the REO markets and wager the home repos in a whole new line of securitization and continue to gamble with investor funds rehypothecating what has been sold back to the secondary markets as “used fish” chopped up into another CDO.  So now we have fish stew (referring to the Chef Anthony Bourdain clip in the movie The Big Short).

When the moratoriums are lifted, the following happens: BAM!

Now you can blame Congress … because we can all see what’s coming … was under their control in the first place!

Don’t say we didn’t tell you … 2008 is going to happen.  Start making PLAN B!

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THINGS TO PONDER WHEN IT COMES TO THE “DELAY GAME” IN FORECLOSURES …

(OP-ED) — The author of this post is a consultant to foreclosure defense attorneys and does not offer the following as legal advice but rather as that of the author’s own views based on past experience in paralegal and consulting work.  The post, with the related case example, is for educational purposes only.  

THE “DILEMMA” ONLY GETS BIGGER

I have seen countless cases where a foreclosure defense was mounted against a bank’s attempt to foreclose when there are obvious “glitches” with the bank’s case.  It is in this instance where I offer the following case for your perusal:

US Bank v Manning, 2020 ME 42 (Apr 2, 2020)

The one thing you’ll notice right up front is that at the time of this author’s post, this case was almost 10 years old by the time it got to Maine’s highest court.  I believe I can use any case from any state to exemplify what constitutes a “do-over” after 10 years of throwing money away on attorney’s fees.  I would venture a guess that the property was worth almost what the homeowner (Manning) shelled out in attorney’s fees.  He would not be the first party (as a defendant in a foreclosure case) to spend exorbitant sums trying to stay in his home, all because he thinks he’s “right”.

I would have posted this earlier but due to the corona-crisis and the resulting issues that followed our first recognition of it as a pandemic, I’m now just getting around to this.  My point here is that foreclosure defense means putting whatever remaining resources you have at risk.

Let me explain in ten (10) easy points …

  1. Fighting any case where a REMIC trust is involved means that it’s highly likely bogus documents were created by the servicer’s employees at the direction of either the servicer or the foreclosure mill law firm prosecuting the foreclosure.  That in itself is a minimum of an 18-month delay if the court indulges declaratory relief.
  2. Fighting a foreclosure case when you’re unemployed with limited resources is futile, especially if you’re faced with draining a retirement account, like a 401(k), which by the way, the bank won’t ever get access to via judgment; however, you’d be surprised at how many cases I have gone through where the homeowners did just that in order to pay attorney’s fees.
  3. Fighting a foreclosure case when you’re simply holding the property as an investor is also risky given the courts’ propensity (as in this case) to give the bank a “d0-over”, even if the investor was “right” all along.  Those attorney’s fees are risked capital that could be put somewhere else if the market value and economic condition of the property won’t support it.
  4. As a follow-up to the last paragraph, many homeowners don’t actually make an honest effort to get their property evaluated, whether through an appraisal or a comparable market analysis (CMA) by a real estate agent, to see what the “gamble” is worth compared to risk. Their fight is driven by emotion and not common sense.  If the property is economically challenged, meaning it’s going to need thousands of dollars in repairs and upgrades to make it marketable, it’s not worth spending the money while fighting a foreclosure just because you don’t like the idea of moving to new digs.
  5. On the other side of this equation, I could imply that I’ve spent the last 12 years of my life helping homeowners fight to stay in their homes, only to see the bank win after the homeowners have spent thousands, many of whom got stuck paying the other side’s attorney’s fees because they lost … plus, they had to pay their own foreclosure defense attorney’s fees.  Talk about a great case for neurosis.  I feel guilty sometimes because I’ve given the bank’s attorneys an income, because the banks will pay to get a “win” in their favor.  That is counterproductive in my book, when the homeowner could have cut and run and moved into something more affordable and put it into a trust before things got “dicey”.
  6. Fighting standing issues is the most common thing and judges are keenly aware of that modus operandi. Every attorney will tell you that you should claim the other side lacks standing because it’s a great catch-all if all else fails; however, claiming anything comes with a price.
  7. Because many foreclosure defense tactics are emotionally driven, this has created a “cha-ching, cha-ching” scenario for attorneys who see a real monthly annuity staring them in the face every time a disgruntled homeowner thinks they’re “right”.  It creates impetus that has fueled the business model that many law firms and sole practitioner’s rely on to “stay in their game” even if you lose in the end.
  8. In Manning’s case, this 10-year stretch compares to other cases I’ve looked at, where homeowners have sold businesses to pay lawyer’s fees, knowing that the chain of title documents were trash to begin with, yet a lot of these types of attacks fall on deaf ears with the courts. Without proper case planning as to how the court will react, it’s throwing good money after bad.  What homeowners end up doing is “kitchen sink” pleadings … and these types of pleadings are what racks up attorney’s fees … on both sides of the equation.  This is the primary reason why foreclosure mill law firms don’t come after me (if they happen to find out I’m involved in a case) because they’re getting attorney’s fees too … and then some.  How does it feel knowing that this kind of risk exists, even though you’re trying to do the right thing?
  9. I was given a specific sum certain of over $100,000 spent in fighting a foreclosure for 10 years … and the homeowners lost anyway. What I could have bought with that $100,000 over time (a duplex, where I live in one side and rent out the other side to make my mortgage payments; an apartment building, maybe a 4-plex, where I live in one of the apartments and rent out the other three) instead of giving an attorney an opportunity to create a thriving law practice at my expense.
  10. In this case, the economics of “the game” don’t make sense.  With all of the moves and countermoves in this case, which parallel many other complex cases I’ve looked at, giving a bank a “do-over” (dismissing a case without prejudice), means the bank gets to hit your “reset button” and you get to start all over again defending another foreclosure.  My point on this last comment is, “What’s it worth to your health?”

Given the corona-crisis, with over 15-million claims for unemployment benefits being applied for (many of them mortgagors), you can bet when the moratorium on foreclosures has expired (whenever that may be), there may be some mortgage loan servicers that are going to “take it on the chin” in advance payments so much so, they’ll look for the first opportunity to come after your house.  You can bet if they haven’t filed documents in the land records to “support their claim”, it’s highly likely they will either during or shortly after this crisis ends.

My bottom line (while trying not to be verbose here) … foreclosure defense costs money.  Delay tactics cost money.  Playing the game costs money. It is a “game” to the banks because they play by the numbers while you’re playing with your hard-earned money and equity.  They have the clear advantage because they’re the mortgagees.  They have a contract that you signed.  The deck is already stacked ahead of your decision-making processes.  Understand that whatever claims you bring should be supported by a Plan B.  This is part of foreclosure defense too.  What happens if what you’re trying to do doesn’t work?  This is why I wrote Clouded Titles.

THE CORONA-CRISIS HAS MULTIPLE “SIDE EFFECTS” … 

The corona-crisis is going to produce more than just statistical death tolls.  We have been victimized by both the World Health Organization (who is part of the United Nations), who failed to give us the information before the virus spread to America and the Chinese Communist Party (who created the synthesized product in the Wuhan Level 4 lab in the first place … then covered it up with a lame “wet seafood market” story), which is going to create more than a viral pandemic in terms of loss of life. We’re talking an economic twist of the tail that is going to set off another serious wave of foreclosure filings across the country due to the servicers’ struggle to make advance payments to REMIC investors.

Loan modifications are going to be rare after this is over.  Forbearances … well, if you’re lucky.  You may be emotional now … but just remember what kind of financial position you were in before the corona-crisis hit.  This doesn’t stop foreclosures already in progress.  On top of that, you’ve had a financial “hit” just trying to stay alive during the “lockdown” period and the neuroses this has caused … you also have to look at the emotion and health issues (fueled by stress) which weaken your body’s immune system because of what’s coming.  You will be looking to the government for answers … and the answers won’t be there.  The courts will be backlogged.  Your judicial foreclosures will cost more as the courts clear the pipeline of cases. Non-judicial foreclosures will proceed at lightning speed because the servicers have had plenty of time to crank out paperwork (default notices, notices of trustee’s sales, suspect assignments, etc.) during the crisis while the moratoriums existed.  They know this crisis has hit everyone in the pocketbooks, including the mortgage loan servicers themselves.

Now’s the time to come up with a Plan B.

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IF YOU FEEL LIKE YOU’RE ONLY GETTING HALF THE JUSTICE YOU DESERVE … YOU’RE NOT ALONE!

(BREAKING NEWS — OP-ED) — I have spent years doing research about the financial mess we have in America.  I first confronted this issue in the early 1990’s, when many of my friends (who were more creditworthy than I) would come to me, telling me they were “in over their heads” in credit card debt, on top of having to pay a mortgage loan.  In retrospect, my own personal situation wasn’t necessarily plagued by that same scenario.  Mine was figuring out a way to make an honest living by “working smart”.  People spend all their lives working hard, paying interest upon interest on a 30-year mortgage (mort = death; payments until death).  Now, student loans have taken the place of mortgages as the #1 stresser.  Why?  It may not be because we’re a nation of over achievers. It’s because we’ve been programmed by our parents who didn’t have it as good, wanting us to have it better than they did.  So what did they do?  Give us the ‘ol pep talk:  Go to school. Get good grades.  Graduate with a diploma.  Buy a car.  Go to college.  Graduate with a degree.  Get a good job.  Get married.  Buy a home.  Raise a family.  Work hard. Retire. Leave a legacy.

This all sounded well and good back then; however, the pep talk did NOT include financial education of the kind we’re used to.  Even today, what little financial education is taught in secondary and post-secondary education is severely limited.  They did not teach “CAR LOANS 101” in high school.  They did not teach “STUDENT LOANS 101” in high school.  They did not teach “MORTGAGE 101” in high school.  Hell, they didn’t even teach “CHECKBOOK 101” in high school.  Do they even teach this in college?  Not hardly.  Economics?   I had a Korean professor in college I could hardly understand, which made economics more boring than ever.  I still managed to learn something; but it wasn’t enough to sustain “real world living”.

Couple that with our national media and its advertising campaigns.  Look at what’s on TV today!  There’s more commercials for car loan financing, mortgage loan financing, buy now … pay later campaigns … than you can shake a stick at.  I know that sounds cliche, but have you ever actually watched these commercials and how you’re being baited?  Now imagine your kids are getting the same programming on prime time TV.  This is not only America’s problem.  This is a global problem.  It’s just that Americans have more disposable income than 90% of all the other countries in the world.  And what do Americans do?  Ask how many Americans how deep in debt they are and you’re just scratching the tip of what I call “the system of things”.

I will be discussing “the system of things” as part of my new, upcoming nationally-syndicated radio show:

After writing numerous books since 1995 (and having been exposed to radio since 1968), what else can I do to help make America a better place?   As with every endeavor, there are always going to be naysayers pointing fingers; however, the stuff that we will be talking about on THIS radio program is NOT intended to shock the conscience.  It is not “shock jock” radio.  These are 25-minute segments that discuss the very things that America is lacking, because 25 minutes is about all anyone can take because our “input stream” has been overloaded with indoctrinated “system diatribe” and developing this program was even a learning curve for me.  If you think this is going to be an Alex Jones-type program … sorry … I don’t make my life all about conspiracy theories, despite the fact that “the system of things” is full of them!  I do NOT support the Republican party.  I do NOT support the Democratic party.  It’s a single party system of oligarchs that control “the system of things” anyway.  Most of America just hasn’t noticed that yet.   Then there’s “deep state”.  Yes … that actually DOES EXIST!  It’s NOT a conspiracy.  It’s a bureaucracy.  It’s what is running this country, much of it unfettered and without immediate oversight or accountability.

To add to the dimensional quality of this program, I intend on taking up the online educational focus on chain of title issues through an 8-hour COTA Workshop.  I will share what research I have learned over the last 10+ years on my Clouded Titles website.  I know, it’s been long in coming … and I do not feel like conducting two-day events all over the U.S. that only produce a handful of Americans that have finally awakened to the truth about “the system of things”.   We have determined that two (2), four-hour teaching modules is what is necessary (with handouts delivered directly to you in your “inbox” in PDF format) can easily accommodate what many who have attended my previous classes call, “information overload”.  And we will make it affordable for everyone so that you can sit in the comfort of your home, on your computer, and get the real property portion of “the system of things” you didn’t get in high school (or even college).  And it won’t take up your whole weekend.  In other words, my 3-day COTA class will be streamlined into one day, because people have to work and support their families.   I will make this program available once every 3 months. These programs will not be all the same thing because “the system of things” changes from time to time … thus, there are updates to share, based on new research and case law.  I will have attorneys on the program from time to time because homeowners who are in trouble need perspective from a legal standpoint.  This is all part of the educational process.

Like credit reports, people need to check their public record files once every six (6) months to see what’s there.  Financial planning (PLAN B) is NOW required these days because we are headed for another cyclical recession despite what all of the talking heads on TV are telling us.  America has a Congress that is bipolar and self-serving.  You can’t run a country whose political hierarchy promotes “pushing back” (unintended consequences of violence) against others who believe differently than you about “the system of things”.  The “system of things” was created because Americans, as a whole, the body politic, ALLOWED IT to be created.   We worry about our toil and our last meal while our government tries to play “nanny state” games with us.  Why?  Because we’re not educated.  They are.  They think they’re better than us.  This is what an oligarchy is folks!  And we let them make us worry about what they’re doing when we should be concerned more about what we’re doing.  Our current behaviors are what is driving us into a “class war”.

Change starts at home.  Change filters out into your locale (be it unincorporated area, township, city, county, whatever ) because of the need to communicate with others besides those in your own household.  You have more control over your local government than you realize.  We spend so much time behind locked doors because our “pre-programmed condition of servitude” has caused us to hide in fear (and maybe even shame) because of what America has become.

If you think that complaining to the government will do you any good … you can forget that.  Government is too busy trying to figure out how to exist in such a way that you will be lulled into a false sense of security.  This is one of the reasons my new show is going to tackle both the legal and political angles, tying them together into social perspective so the average consumer will “get it”.

Justice begins at home.  It was handed down over centuries.  It’s called discipline.  If people were totally disciplined and walked in love, we wouldn’t need laws because everyone would be doing “the right thing”.  Because America is not a safe place to live anymore (don’t kid yourself if you think it is), Americans need to condition themselves to be more disciplined and that happens through education.  The betterment of our justice system begins with education.  Most Americans don’t even know what a “federal reserve note” is and what it represents.  Just ask any kid in high school if they know what it is.  You’d be surprised at what you’ll hear in response.  What’s in your wallet DRIVES the justice system (and we don’t even realize it).  That’s why we … as a collective body politic … need to get at the truth of what is going on and then deal with it in an appropriate, albeit civil manner.

The system revolves around the dollar … how it is made … and how it is spent.  Once you get a complete “handle” on that concept, your life will be easier and your “system of things” will change for the better.  Until then, the justice you think you deserve is like the glass half empty.   Every American is affected by it.   It’s a mindset that has to change if America is going to survive the recessions and political upsets of the future.

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