Tag Archives: Plan B

FORECLOSURE DEFENSE 101 WORKSHOP NEWS! UPDATE!

(BREAKING NEWS, OP-ED) — The online webinar has been slated for Saturday, October 24, 2020 from 10:00 a.m. to 2:00 p.m.  Please email cloudedtitles@gmail.com for a Registration Form. 

The latest news articles (at least 20 of which this author has read) all indicate that the COVID-19-related foreclosure crisis will more than likely affect low-to-middle income homeowners who lost their jobs, including first-time homebuyers, single women and people of color who got federally-insured mortgage loans.

Despite all of the CARES Act help and moratorium extensions by the government, conventional mortgage loans were not part of the government’s intended program to stop the tide of foreclosures that are looming in the not to distant future.  Because the crisis affected the mortgage loan servicers the worst, they are least likely to start granting en masse forbearances on mortgage loans as there’s no way they can recoup their losses fast enough.

The next game plan would seemingly call for mortgage loan modifications.  This is where homeowners can restructure their loans using money they’ve been able to acquire over the short haul in an effort to meet qualification requirement payments that the servicers will demand in order to complete the loan mod. Should these modifications not happen in droves, it will spark another massive wave of foreclosures before the end of 2020.  In this instance, it appears that the banks and their servicers are looking to the government for some sort of mitigation plan (in other words, another bailout, mitigation plan is just a nicer way of saying it).

As to the equity position some homeowners may have, restructuring could include downsizing through liquidation.  Because loan delinquencies will show up on credit reports, it will become more difficult for evicted homeowners to find places to rent through the standard screening criteria.  They will be faced with having to pay larger security deposits and higher rent because of their presumed risk having to go through back channels in order to find shelter.  In many metro areas, mortgage loan delinquencies of 30 days or more were over 10%.  This figure is very comparable to what America was facing in 2008 as over 10-million homes were foreclosed on in the years that followed.  The housing crisis we are now facing could nearly match what we experienced between 2009 and 2015.

IN FLORIDA, WE PREPARE FOR HURRICANES

There are some exceptions to the housing crisis in areas of the U.S. that have stable rent and mortgage markets.  Most of Florida and much of Texas fall into those two categories.  These two states, which this author is using as an example, have no state income tax and lower sales taxes and less restrictions on business, which makes them more desirable to those living under current “Blue State” conditions.  In many markets in Florida, residential resale inventories are declining, which seems to indicate the opinion that the 1000-people-a-day migration to the Sunshine State is impacting the crazy real estate boom.

However, a lot of homeowners who currently reside in both states are hunkering down and choosing not to liquidate, mainly because they can afford to ride out the storm, much in the same way homeowners in Florida prepare for hurricanes.  If you’ve ever been to Florida during hurricane season or have seen pictures of the parking lot that Interstate 75 turns into when those who aren’t prepared or those in low-lying areas who are forced to evacuate take to the roadways to flee the storm’s path, you can get a fraction of a glimpse of how many homeowners aren’t displaced and are going to ride out the storm because they’re prepared.  It’s just something you do when you live in Florida.  The problem is, not all homeowners have the financial ability to prepare.  Even though there are a lot of affluent folk living the dream, there are those groups of individuals and families that make up the support base (lower-paying incomes associated with health care, retail, restaurant and maintenance-related employment) are the ones taking the hardest hit in managing rent payments, which are skyrocketing beyond their ability to pay.  This is why there is a need for affordable housing in Florida, which is why this author is now building steel SIPS homes (Structural Insulated Panel System), starting around 900 square feet.  The need here for affordable housing is so great, even the news media can’t ignore it:

An affordable home that can withstand a category 5 hurricane? This builder says he has the answer | News | yoursun.com

This is what you call PLAN B … 

Having alternative plans to move to safer, more productive areas is part of why you’ll see demographic shifts of migration around the country.  When the construction industry booms in one area, workers from around the country migrate there seeking to become part of the construction labor pool.  There are all sorts of retraining programs available, if you know where to look.  America has always been resilient no matter what.  Even in light of the COVID-19 snafu, Americans are bouncing back … but unfortunately, not ALL Americans are.  It’s that 10% that make up the exception to the rule that will spark the crisis.

However, not everyone has a Plan B yet.  This is why we’re doing the Foreclosure Defense 101 Workshop.  California Attorney Al West has agreed to join me for this 4-hour webinar.  This author is also talking to others who have been able to stave off foreclosure for over 10 years, through learning HOW TO fight the mortgage loan servicers and their attorneys in court.  This of course, would be an exception to the rule.

We have made this workshop affordable and much easier to attend, as long as you have access to a computer and an email address.  This author has already addressed the types of sample forms we’re going to make available, so for the sake of redundancy, we’ll stop there.  If you or someone you know is in trouble, best to forward this post to them and/or have them email us at cloudedtitles@gmail.com for a Registration Form.   Here is the syllabus of what we’ll be sharing in the workshop:

FORECLOSURE DEFENSE 101 SYLLABUS

UPDATE:  Next week, you will be able to register to attend through our shopping cart on the Clouded Titles website

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2020 FORECLOSURES BACK IN FULL SWING!

(BREAKING NEWS, OP-ED) — The author of this post carefully posits this article for your educational benefit and any information shared here should not be construed to be legal advice. 

Anyone familiar with this online blog is probably fully well aware that the content shared on this site has a lot of legal undertones, so much so, that many people are apt to misinterpret what’s being said in reality, replacing their thought processes with directives shared as “suggestions” on this site (hence the need for the disclaimer).

The state bar associations are starting to find themselves in a real dilemma.  Three states (Washington, Utah and Arizona) have already initiated non-lawyer “paraprofessional” objectives to allow more folks to have access to the justice system.  This comes at a time when eviction moratoriums have pretty much been lifted and the “man behind the curtain” jumps out and reveals himself  in the form of service of process.

This author is getting closer to deciding a date for when another Foreclosure Defense 101 class should be held.  Of course, with no one willing to fly anywhere, this will probably be held online in webinar format, where you get to ask questions via the chat box.

The thing about foreclosures … statistically, 97% or better of those receiving service of process (notice from the bank via physical delivery via a knock on the door, certified mail, notice of publication, door hanger, etc.) will ultimately decide to pack their belongings and bug out, if what happened after the 2008 financial collapse is any indication.  Maybe we have more liquidity than we did before, maybe we don’t.  If we don’t have the resources to fight, it’s because we’re fighting the urge to resist identifying where those resources are.  The author describes those resources more fully in his book Clouded Titles.

If there was a way you could fight a foreclosure and stay in your home for over two years, would the information in a webinar workshop be worth it to you to have in your arsenal of legal tools?

Then … prepare yourself for the fight (not of your life) that generally sickens most people.  Prepare yourself mentally NOT to do stupid stuff (like give in so quickly).

The legal system has provided us with so many stall tactics (NO! Bankruptcy is NOT one of them!) it’s a wonder more people haven’t stopped to “catch on”.  They just want off the merry-go-round because that’s pretty much what you’ll feel like you’re on when you engage in fighting the foreclosure; however, the merry-go-round is not spinning at 3 miles an hour … it’s spinning at more like 60 miles an hour!  The closer you get to your court date, the faster the merry-go-round speeds up.

If you’ve ever been to a “rocket docket”, like this author has multiple times … it’s a scary thought … watching a judge clear a courtroom of homeowners being foreclosed on in 3 hours or less (just in time for lunch), with their actual case hearings lasting two minutes or less.  It’s amazing how many homeowners complain that they have no access to “justice” when in fact, the legal system has never been more “giving”.  The information highway is chuck full of data if you know where to look.

Planning Your Strategy … in 5 steps! 

#1:

Remember the Harry Potter movie where Hagrid (while strolling down Diagon Alley) tells Harry, “If you know where to go …”?   Half your battle is in research.  If you don’t check your chain of title, you’ll end up choking your chicken in frustration.  (The author doesn’t mince words here.)  This is THE MOST important point in the entire schematic of foreclosure defense, especially when it comes to playing the delay game and playing it well.  If you don’t understand the chain of title, the author’s website offers a COTA Workshop that you can get via download in (4) 4-hour sessions and listen, watch and study what’s necessary to get through from Point A to Point B.

Once you’ve looked at your chain of title, the next fundamental issue in your quest to research details is getting at the truth.  The “truth” the way banks see things and the way YOU should see things all has to do with perception of what the documents in your chain of title say.  The chain of title is like an electric schematic, which tells you HOW things are connected in the series of conveyances, claims of lien and security instruments, which are designed as the hinge pin in claiming ownership of your collateral (your home).  Once you understand how all of this is postured, it makes things a lot clearer in your understanding of HOW to proceed.

#2:

Get copies of every document in the chain of title and examine each one that is relevant to your current situation, especially the assignments (of mortgage or deed of trust).  These little minuscule pages are where the devil is in the details.  A single-page assignment that contains all sorts of false and misrepresentative statements can be the bank’s undoing, at least in the short term.  Filing a quiet title action is NOT what you’re going to pursue in your research.  You’re not ready for that yet.

History has taught us that anyone running into court trying to quiet their title when it’s littered with all sorts of bullshit assignments is not only a big waste of your time and the court’s time, your foreclosure mill attorney will immediately pick up on your strategy and counterpunch you with motions to dismiss.  Quiet title works when there’s nothing left in the chain of title other than a lingering deed of trust or mortgage that’s not connected to anyone and the originating lender is defunct and can’t be found.  The idea here is to attack the assignments head on through a C & E action.  C & E is an acronym for Cancellation and Expungement action, which means you’re filing a declaratory relief action wherein you’re asking the court to examine a document for false statements and to cancel the document and order the clerk or recorder to remove the document completely from the land records in your county so the document has no legal force and effect against your property any longer.   This is what Al West and I developed into a workshop called The C & E on Steroids!, also available in DVD video/book combo form!  There’s nearly 14 hours of really good educational information packed into this kit.  This is the ammo one would use to fight those pesky assignments.  Here’s an idea! Once you’ve done it, make your investment back by helping others achieve success in this realm.

#3:

Knowing where to find the petitions and responsive pleadings is your next research step. There are websites that are devoted to supplying this kind of information if you don’t have time to wait for a pleadings and procedures book for your specific state. You can find these types of books in law libraries and they aren’t voluminous and most of them are self-explanatory.  It’s easy to simply make copies from the book on the pleadings you need (or buy the book online from a legal bookstore).  This author has spend hundreds of hours in the law library “chasing cases” because foreclosure mill attorneys are famous for throwing them around in their pleadings in an attempt to make their point tot the court about how they’re right and you’re wrong.  Many times however, these attorneys throw cases in there that are NOT applicable at all to the scenario you’re dealing with and you have every opportunity to thwart their moves (like one big, giant chess match).

Foreclosure mill lawyers have their own set of schematics too.  They know them well, like a flow chart of procedures.  This is what they get paid for … to execute on that flow chart every time they get a case.  They eat, breathe and shit this stuff on a daily basis and thus, THAT mindset is what you’re up against when you face these shysters in court.  You have the right to be treated as an equal by the court if you can’t afford representation, which means if the attorney says you want a “free house”, you get to stand up, object on the grounds that, “My worthy opponent is at his best when not inhibited by the facts, your Honor!”  In other words, you just matched wits with this lawyer by eloquently calling him a goddamned liar!

This is where research will help you become equally prepared to challenge his or her legal acumen because they will use every dirty trick in the book (like they’ve used on other unsuspecting victims of foreclosure). Facing off in court is not for the faint of heart either … and neither is being unprepared for the battle for the judge’s mind.

#4:

Framing your arguments is probably the biggest mess that a homeowner (or their attorney) can create, especially when it comes to beer belly budgets.  Most attorneys went to law school and learned what California attorney Al West calls, the “shotgun approach”.  This means (in short) … sue as many people as you can for everything under the sun and see what sticks.  Unfortunately, what most pissed-off homeowners don’t realize is that naming multiple defendants costs money: (a.) in developing the case against each defendant and the allegations against them; (b.) in the time it takes to complete the pleadings preparation; (c.) in filing and servicing costs ($300-$400 in filing fees and $60.00 per defendant served); (d.) in responsive pleadings to each defendant (after they file their answer to your complaint); and (e.) case management.  Each defendant will cost an average of $3,000 in legal fees, not counting discovery (via a deposition) which adds another $3,000 in approximate costs for each defendant deposed.  To make the math more simple, let’s say you have an attorney that wants to sue 5 defendants and wants advance testimony from each of them. Without even batting an eye, you’re up to roughly $30,700 and the judge hasn’t even reviewed your case yet.  Until you start evaluating your arguments, you have no idea what a lawsuit (or counterclaim) against a foreclosure is going to cost you.

While an answer to a judicial action can be a simple process, compulsory counterclaims aren’t.  If you’re trying to buy time, filing an answer in a judicial proceeding will buy you an average of 60 days, or until a court date is set and you get notice of it.

And all of the arguments in the world won’t help if you can’t keep track of timelines.  One of the biggest mistakes pro se litigants make is not keeping an eye on the court docket once a foreclosure proceeding has been commenced and the battle begins.  Not keeping track of the timelines and what the Rules of Civil Procedure mandates you must do in order to stay in the game successfully can kill a case with one missed filing or one missed hearing.  The other side will use their arsenal of tricks to up-end your best laid plans, especially when it comes to beating you on civil procedure.

#5:

With judicial process, you at least get your day in court, yet most homeowners don’t take advantage of that because they’re too busy running scared. Now imagine being in the middle of a perceived pandemic and facing a banking tyrant and its attorney head-on when all you can think about is how to avoid a potential brush with death.

With a non-judicial process, locking horns with the lender in court is the only way you’re going to stop this kind of foreclosure because the lender has resorted to advertising and selling your property on the courthouse steps instead and if you’re like the author, you’d want your day in court and the only way to get it is to file a lawsuit against the servicer and any parties coming against you that have made themselves “relevant” parties.

One would at least want to find at least one defendant in-state.  This is how diversity jurisdiction is defeated because lenders will quickly remove cases to federal court because the amount in controversy exceeds $75,000 and the plaintiff lives in one state, while the defendant lives in another state.  In-state defendants could include: (a.) document manufacturing plant employees; (b.) local law firms bringing the foreclosure action; and (c.) lenders whose headquarters are domiciled in whatever state you are filing the action in.  This won’t work if the bank is just a branch of a main bank headquartered outside of your state.  Most people don’t sue the trustee, unless the trustee (named within the deed of trust or substituted into it using a Substitution of Trustee document that follows a bogus assignment).  Then … it’s open season on the trustee.  Attorneys will give you a lot of push back on this because they don’t like suing within their own profession nor do they especially like suing trustees.  The trustee  is supposed to be a neutral party; however, when they do something totally egregious, there is established case law in most states that can wield an axe in the form of liability.

Again, the biggest issue is picking a fight with the wrong party.  Generally, rampant emotions cause bad decision making and that is another fine line item that gets homeowners in trouble.  If you’re going to litigate, let logic replace emotion.  You’ll need logic along for the ride.  There’s plenty of time for celebration later when you’ve effectuated your “Plan B” all the while holding the lender at bay.

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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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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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