Tag Archives: robosigning

IF YOU THINK THE DECK IS STACKED AGAINST YOU IN A FORECLOSURE, YOU’RE RIGHT!

Op-Ed!

It pains me to have to read some of the posts on this blog, because I see that foreclosures are starting up again and many people are finding themselves without a clue as to what their odds are if they decide to fight, or not.  To that end, I’m posting my “Top 10” observations (not legal advice) here:

  1. You are not alone in your fight. Know that other homeowners are also considering the same options that you are, whether to “fight” or “flight” (run away, which 95% of homeowners do, spineless wimps).
  2. You will have to get rid of many ill-conceived misconceptions. Because we live in the “Age of Entitlement”, everyone thinks: (a.)  the bank did me wrong; and (b.)  I deserve a free house.  Wrong! You signed a contract and a security instrument!  No one held a gun to your head!  They dangled “the carrot” and you bit into it, hook, line and sinker!  You have to have a “Come to Jesus” meeting with you and your family and chuck all of these preconceived notions because without an open mind, you will dig yourself an even deeper hole!
  3. You have to understand that judges are homeowners too. Most of them probably still pay on a mortgage. This means you will have to understand how to overcome the conjecture and speculative arguments and derogatory comments that the bank’s attorneys (who have had years at this to perfect their craft) will make in court to sway the emotions of the judge.  You borrowed the money from someone, but maybe it’s not just “that guy”, your Honor.
  4. You at least have your day in court if you live in a judicial foreclosure state.  It really pisses me off when homeowners don’t show up in court and least say something!  You have your day in court as mandated by law, but sadly, 95% of homeowners freak out and run away.  The banks are counting on this. So are the courts. It’s a numbers game folks.  The less cases that judges have to hear, the better.  They know it.  I know it.  But you won’t know it if you don’t at least show up and say something!
  5. If you live in a non-judicial foreclosure state, you have to initiate proceedings to stop the sale of your home!  This means you either have to have a lot of time on your hands to do research or you will be like most of the 95% of homeowners who do nothing and wait for the county sheriff to show up and put you (and your family) to the curb.  Filing a Notice of Lis Pendens does nothing but “gum up” title temporarily.  Filing that means a “suit is pending” and if there is not suit, you filed a fraudulent document in the land records that could land you in jail, where you will do no one any good, especially those who depend on you for survival.  You are the Plaintiff and only a temporary restraining order will stop a foreclosure sale!  The burden of proof is on you unless you know how to turn the tables on the bank.  This is a fact, not legal advice!
  6. When it comes to foreclosure, apathy reigns supreme!  I have never seen a situation more tenuous where people become so in denial about life.  Instead of doing something about the scenario when it presents itself, many people go into this “woe is me funk”.  As a responsible American homeowner, that is really messed up.  Buying a home is one of the biggest, major decisions you will make in your life and most homeowners bit off more than they could chew (when credit was so readily available).  The banks are not all to blame.  They are crooks (true) … and I don’t trust them.  It’s bad enough that this election cycle gives us so little (the lesser of two evils) to choose from, but to have the banks controlling all of the behaviors of Congress and our presidents for the last two centuries is so appalling and what’s even more damning is that homeowners who have the power of the vote, do nothing.  So when you’re left with few choices in a time like this, remember, the collective body politic voted to set the system up this way.  The “system” has no mercy for those who think they’re “entitled” because someone else has to pay for it.
  7. The second wave of “foreclosure fraud” starts with unscrupulous foreclosure defense attorneys!  They’re out there and these are the types that want to make you their “monthly annuity”.  Foreclosure defense is big business and if you’re going to make monthly payments to an attorney to stave off a foreclosure, you’d better have an “end game”.  The real attorney will demand you have an end game before even taking your case and if you don’t have one, you’re likely to end up on the street anyway.
  8. Most people don’t even have an “end game”!  This is even more sad in a land where we have lots of hidden opportunities.  What I did when I looked at my own scenario, which I discussed in my book Clouded Titles, was to: (a.) examine my finances to see whether I could fight a foreclosure in the first place; (b.) look at my other options as to living scenarios (I had a rental property I could move into, which was becoming vacant, which made my choice easier); and (c.) I had to look at what if any equity I was giving up.  Most people took out 30-year mortgages.  I find 30-year notes to be a waste of time and money (in interest, which makes most of the 30-year period giving up little equity; just like renting).  I only do 15-year notes if at all anymore.  If you can’t afford the 15-year note payment, then rent! You may find yourself having a large yard sale and liquidating what possessions you don’t need and then using those proceeds to find yourself other “opportunities”.  The opportunities are there if you’d just look for them and stop whining about the dilemma you’re in!  If you think things are “hunky dory” right now, wait until the sheriff shows up and moves you out on the lawn.  Watch the “99 Homes” movie trailer if you want a real vivid picture!  (I still can’t watch it without tearing up and getting an aching feeling in my gut!)
  9. BOTH SIDES of the political aisle put this whole thing into motion!  If you think that either political candidate for president is the “right one”, think again.  When’s the last time you studied the Constitution?  If you read the manner in which the Founding Fathers set this country up, you would understand that Congress makes the laws, NOT the president.  Sure, the president may “influence” what laws get propounded, but the president’s job is to “enforce the law”, as the Chief Executive.  Congress voted to repeal the Glass-Steagall Act, not just one side or another.  The two-party system has failed us folks!  Your average congressperson is the bank’s “bitch” and has been for quite a number of decades!  The only way to stop this is to do what California and Illinois are doing to Wells Fargo Bank now … change banks!  The mega-banks got us into trouble in 2008 and nothing has changed.  Servicers are still robosigning documents and foreclosure mill attorneys are “in it up to their necks” in fraudulent documents in their reliance of such to steal borrower’s homes.   The whole thing has turned into one big criminal RICO issue and MERS is the platform, the business model, that facilitates it!  When homeowners wake up and smell what is really going on, AND DO SOMETHING ABOUT IT, then things will change, not until.  I moved all my money and investments out of the major banks, why aren’t you doing that?   The big banks are your enemy!  The faster you realize this, the better.
  10. It’s hard to be right when the government is wrong!  The government bailed out the banks.  This was all an artificial ploy upon the American taxpayer anyway, as the banks paid the government back.  Those who screwed the government out of TARP funds are being (or have been) prosecuted and put in jail.  The government is in bed with the banks, otherwise, you wouldn’t have 12 USC (Banks and Banking) passed as law.  The banks are the most heavily-regulated industries in the country, but we disrespect ourselves when we stoop so low as to “borrow money” from them and dig ourselves in over our heads and makes ourselves destitute (by design).  Those who borrowed to pay for their education are now financial “slaves to the rhythm”.  Sorry, but the government’s answers to everything are Hegelian in nature and were put there to make you a slave.  I can’t help it that you didn’t do your homework!   No one taught you any better.  No one taught you finance in school.  No one told you that you had to read the damned documents at the closing table before you signed them and if you didn’t understand what you were getting yourself into, then it’s on you. However, the government allowed this mechanism to be put into place for a reason.  This is why Snowden is now in Moscow.  The only person who can change their life destiny is YOU! 

The other side of the coin with Wells Fargo?  I wonder … given the 2-million or so phony accounts they set up … how many mortgages did they rehypothecate?   Congress hasn’t even started looking into that.   Chase has a patented template for creating “ghost accounts” ( jp-morgan-chase-rehypothecation-2 ) … makes you wonder what’s really inside the databases of the DTCC and Cede & Co. huh?  I know from talking to other homeowners that dummy mortgage loans have been set up too, not just bank accounts.  Maybe Congress is turning a blind eye, maybe they’re just ignorant.  Don’t blame me. You elected them.  And this is why I don’t trust banks!  You are a fool if you think that your money is “safe and sound”!

So, the bottom line here is … not everyone’s strategy is the same as everyone came from different walks of life, has different resources available to them and can think clearly under pressure.  Put all your fears aside and analyze your scenario and come up with an “end game”.   I don’t want to see you end up in a tent city.

 

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OSCEOLA COUNTY FORENSIC EXAMINATION REPORT “HITS A NERVE” …

The author of this post is also the author of the book Clouded Titles and also the author of the Osceola County Forensic Examination Report.   You can also download a copy of the Report by clicking the following link: 

OSCEOLA COUNTY FORENSIC EXAMINATION

Please make sure to view the attorney opinion letter, which makes up the last 4 pages of the 736-page report.  The report is in two volumes in the .pdf version.  It is so controversial that attempts have been made to slander the Clerk, slander this author, regurgitate the slander, impugn the integrity of the report, impugn the integrity of the Clerk … and to dig up a 20-year-old past (where I learned some extremely valuable lessons, like how to spot fraud).   What happened in my past has shaped my perspective for the future.  It is this perspective you should probably at least consider before dismissing what is offered here.

I do not take what I post on my blog lightly.  Those of you who read these posts obviously are looking to ferret out the truth, no matter where it leads.  We all need closure after what we’ve been through, right?  Anyone who has read Clouded Titles knows that I share in your story.  Many people have written to me and stated that they thought I wrote this book especially to them.  I wrote this book because we all share a common ground.  We’ve made decisions in our lives that many of us regret having made.  Most of us however, can generally learn from our past mistakes.  I learned from mine.  I learned that you can negotiate for a decent mortgage loan.  You don’t have to take what’s put in front of you … and that includes MERS-originated mortgages and deeds of trust.

Choosing this path (and many newcomers to the residential home mortgage scenario are making this mistake today) led to the obfuscation of your loan’s owner.  Court case outcomes are indifferent depending on which State you live in.  Chains of title have been messed up because they don’t agree with the chain of custody the note has taken.  Because of all of the research I have done, I get asked to consult on cases.  I work under attorneys and with attorneys.  The bottom line is … the more options the attorney has to consider, the greater the chances of a positive outcome for their client.  Many attorneys have gone into court flying blind.  This is where bad case law comes from.  The banks and MERS knew this.  This is why they’ve had ten years to “get out in front of” the scenarios they created by framing current case law.  They knew there would be a backlash.  The Forensic Examination is the last thing the banks want floating about in the hinterland.  This is why the media is nitpicking at everything it can dig at and then extrapolating it further.  This is why you may see continued posting of misinformation on websites across the country.  They don’t want this Report going any further than on your computer screen!

Document Manufacturing still exists …

It does not matter what others have to say about this report.  What matters is what you take away from it.   In large part, the greatest pattern of exposure was the link between the foreclosure mill law firms prosecuting the foreclosure cases being involved in the timely manufacture of assignments of mortgage (and sometimes the notes) to coincide with the filing of the action.  In certain instances, the examination team found that the assignments were filed AFTER the foreclosure sale took place … and AFTER the Certificate of Title had been issued.  (U.S. Bank v. Antonio Ibanez, SJC-10694, Mass. Sup. Jud. Ct., Jan. 7, 2011)

What makes these types of assignments criminal in nature is the manner in which they were executed.  Most of us would tend to agree that there is a modicum of fraud involved.  It takes a willing investigative entity however, with unfettered access to the people that created these documents, to bring the scenario into form.  This is one of the reasons why I advocate going after the notary in a deposition FIRST in a civil case.  The notaries in these document mill plants know how the manufacturing procedures work.  Every state has different notary laws.  Many notary statutes have criminal penalties attached to them.  Notaries would rather “sing like canaries” to a grand jury rather than face the executioner.  One such notary ended up dead after testifying to a grand jury that she signed her boss’s name to over 150,000 documents and then acknowledged the very signature she affixed (surrogate signed) with her own signature and notary seal.   Once you get to the notaries, you find out how the manufacturing process works.  Then you go up the ladder of responsibility … next to the signers themselves to see what they know … then to their bosses!

Dead Notaries Tell No Tales! 

On the day of her sentencing on one count of notary fraud (a slap on the wrist for 150,000 documents produced) in exchange for her testimony, Tracy N. Lawrence was found dead (at age 42) in her Las Vegas home in an “apparent overdose of sleeping pills”. Many do not believe that her death was a “suicide”.  After all, Lawrence testified against a multi-billion-dollar company called Lender Processing Services (“LPS”).   This bunch was the same parent of the company (DOCX) whose then-President, Lorraine Brown, is now doing time in Club Fed.  And the media wants to poke at MY past?   Did I steal your home using manufactured documents?

Do you realize how widespread this document manufacturing is?   There are over 20 plants across the United States that are still cranking out and filing thousands of suspect assignments in a single day!

I remember back in February of 2012 when the banks and servicers signed an agreement with the 49 states Attorneys General NOT to crank out bogus documents anymore.   Yet, the report you will hopefully read appears to indicate that these practices never stopped.  Anyone who needs a reminder of this should watch the following video:

The Next Housing Shock

If you are going to take anything away from the Report, you will at least notice the relevance of WHEN the document appears in relation to the filing of the court case.  So far, several law firms who assisted in the alleged “manufacture” of their client’s “standing” have filed for bankruptcy.  This however, does not preclude them from be criminally charged for manufacturing documents that were allegedly used to steal people’s homes.

Minorities were especially targeted … 

It doesn’t take a rocket scientist to figure out that a majority of what the examination team sampled were minority homeowners’ chains of title and case files.  The greater part of these chains of title belonged to minority homeowners.  I liken this to “low hanging fruit” for foreclosure mills because the minorities are the least likely to defend their properties because they lack the financial resources to do so.  Those who did choose to fight were probably not aware at the time that allegedly fraudulent documents permeated their chains of title and were relied on by the courts in Osceola County (and everywhere else in Florida and the U.S.) to grant Final Judgments of Foreclosure.   The easiest way to validate what I just said here is to read the “Table of Contents” for Section Two of the Report.

Statistical Information was preyed upon like it was some sort of crime … 

Osceola County Sheriff’s Detectives wanted to know if the examination team contacted the 26 elected officials who had MERS in their chains of title.  OMG!  The nerve that our examination team would look into the public record (using a list we obtained from the Supervisor of Elections) to see who had MERS mortgages!  We were trying to show the rank and file that no one is exempted from document abuse because it appears that the electorate are asleep at the wheel; otherwise, they’d be screaming too!  The number was a statistic.  We also discovered that half of the law firm that represents Osceola County had MERS in their chains of title, as well as the 9th Circuit State’s Attorney Jeff Ashton!  They act as if this is normal and that we should be ashamed about what we did because we dared look in the public record (which they themselves could have done if they cared about it in the least).

You see … you are more educated about matters like this than they are.  This is why I teach classes on chain of title.  The detectives even found my COTA Workshops suspicious (they think I’m rendering legal advice).  This is why I have attorneys teach many of the workshops I do, because that way, the research is validated and attendees walk away with more than a one-page handout.  Those of you who have attended my workshops understand why I share the research that I do.   Yet, the detectives acted as if the Examination Team committed some sort of crime by looking at this statistic.   It is so much simpler to target a 9-person team than it is to target thousands of suspect document manufacturers, right?  This is why the Osceola County Sheriff’s office should NOT have been delegated this investigation the first place!  Already, as of yesterday (the 31st of August), one of the alleged victims went into the Sheriff’s office to amend his Complaint, was told “No!” and was reportedly told by a Department Supervisor to contact the FBI (and given the FBI’s number). Obviously, nothing is getting done and even more obvious, no charges are going to be filed because these detectives don’t know what to look for.  Would you care to give them an education?   One detective told me he thought securitization was like an annuity.

Deflecting Diatribe … 

Whatever news reports you happen to be reading, recycled or not, contain misinformation.  This is key to confusing the body politic. The more the body politic is confused and dumbed down, the more the rank and file can keep things status quo.  This is why every county in America needs to have its public records analyzed.   Many are using the term “audit” as if there was some sort of criminal intent going on.  That is NOT what this report is.  The Report is not an indictment.  It is an educational blueprint.  It was designed to point the investigative arms (who have the authority to criminally research these alleged crimes) to look into the matters described in the report.   Most county recorders and clerks think the word “audit” looks bad on them.  What they don’t realize is that the voting public will praise them for attempting to protect the integrity of the statutorily-mandated public records!  They look more suspect when they deny that anything is wrong when the voting public knows damned well that something IS WRONG!

This is why all of the negative publicity has been launched.  The whole idea is to shoot the messenger.   Deflect away from the real truth.  Bring an attorney on camera to state that “the Report is not worth the paper it’s printed on”, so the media can spin the Report in such a way as to make it look like the Osceola County Clerk wasted $34,545 (if you want the exact dollar figure) on doing a report that Congressman Alan Grayson told me in a personal email was “eminently reasonable”.  Grayson supports this Report.

It is obvious that someone has given the Sheriff’s Department “marching orders” on not finding any wrongdoing.  Instead, they’ve been told to discredit the Report.   I ask you to read the Report and examine your own documents and see if you notice any similarities.

The “Legal Spin” … 

Sadly, the attorney that Channel 9 brought on camera (Matt Weidner) makes a great living off of monthly payments paid to him by homeowners to keep them in their homes.  This makes one wonder HOW Channel 9 would sit Mr. Weidner in front of a camera with a whole set of documents … misrepresent the document count … show Weidner thumbing through the first few pages of the Report … completely missing the Attorney Opinion Letter in the back of the report … an opinion letter from an attorney (BTW) whose TV commercial aired five minutes before Channel 9’s reporter attempted to impugn the integrity of the very Report Jennifer Englert rendered an opinion on!  It’s no wonder Channel 9 had to backpedal and interview one of its own advertisers.  It’s all about the money, isn’t it?   And here I thought the FCC granted licenses to stations that served the public interest.  Does it sound like Channel 9 is serving the public interest here?   That’s what FCC complaint filings are for.   You have a pen?  Use it!   I used to be news reporter.  At least I got my facts straight before I reported them.   None of that appears to have happened here.

Besides, if you’re a foreclosure defense lawyer, why on earth would you want to disrupt your “cash cow” by bringing a finite end to document manufacturing, which would bring a finite end to all of those monthly attorney’s fees because there would be no foreclosures filed because no one would file a document without the risk of being prosecuted, which in turn would have a negative impact on your foreclosure defense business.  If I were an attorney, I could make a decent living doing quiet title actions, which are entirely client funded.  Let’s face it folks, the courts in Florida (and elsewhere) are going to have to deal with quiet title actions sooner or later … here’s why:

Defending Title is Your Contractual Right! 

If you look on or about Page 3 of the average mortgage or deed of trust (underneath Transfer of Rights in the Property), you’ll see the paragraph that begins with “BORROWER COVENANTS”.  First, as the maker of this apparent unilateral adhesion contract, you warranted that you were lawfully seised (a feudal term meaning to have, freehold, in fee simple title) of the estate (your property) with the right to convey an interest in the property (to a lien holder, like a mortgagee).  The second sentence (which neither you nor I put in the contract) says, “Borrower warrants to defend title”.  That is your contractual right.  Not even a court can impair that right!  In 1:10:1 of the U.S. Constitution, it says, “the obligation of a contract shall not be impaired”.   No judge should be able to dismiss your quiet title action because you are duty-bound to defend title to your property and no foreclosure mill attorney can strip that right out of the contract just because they want to steal your house (that the lender has probably been paid for multiple times over due to all of the insurance policies and credit default swaps) Hugh Gerald Buffington et al v. U.S. Bank, N.A. et al, No. CV-14-00615-PHX-DJH, U.S. Dist. Ct., Ariz. (amazing what a little research can do).

Defending Title is a Statutory Right! 

Most states have quiet title statutes.  These statutes dictate (and mandate) HOW quiet title actions should be filed and plead. This is one of the things that Al West and I teach in Quiet Title Workshops around the country (the next one by the way will be coming up in October in a newly-designed special segment … CHAIN OF TITLE AND QUIET TITLE ACTIONS).  This is an enhanced COTA Workshop, coupled with Quiet Title education and case law.

And here you thought because of all this bad press … I was just going to crawl back into my shell and die?   Seriously?   Didn’t you read Clouded Titles?  Despite the fact that bad press is still press, you would know where my heart is … with the victims of foreclosure and mortgage fraud!  Let all the naysayers pontificate their misinformation.  At the end of the day, the truth will win out.  You’re smart enough to sort out the truth.  I would expect nothing less.

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Filed under Breaking News, Chain of Title Education, Financial Education, Quiet Title Education

WHY “TOO BIG TO FAIL” IS A FALLACY … THE ECONOMY CAN SURVIVE WITHOUT THE BIG BANKS

The author of this blog post is a consultant to attorneys in mortgage foreclosure cases and the information shared in this particular piece should not be construed as legal advice (but rather as common sense suggestions to live by).  

Visit http://www.cloudedtitles.com for more information.

NO ONE GETS A FREE HOUSE! 

That includes you too, Mr. Banker!  If you can prove you own the mortgage and the note because you shredded (spoliated) or lost your paperwork, then you can’t foreclose.  It’s that simple. Yet daily, judicial state courts are cutting corners by allowing manufactured “crap” to be entered as evidence with no questions asked.  If you can even show bearer paper, whether you own the note or not, you seemingly get a “go pass” to take the house.  This may not be the “norm” for much longer.   Why?  Because many Americans are waking up and the ones with money to fight are getting smarter.  Knowledge is power folks and the reason I started Chain of Title Assessment Workshops up in the first place is to start the educational process into the “who, what, when, where and why” we are faced with this mortgage foreclosure dilemma in the first place.

The fact that homeowners and their attorneys do not rebut the foreclosure mill attorney’s slanderous comments made in court (i.e., “These people are deadbeats, your Honor!”; “These people just want a free house, your Honor!”, etc.) with, “Defendant’s counsel reserves the right to behave and make slanderous comments in the same manner as the Plaintiff’s (bank’s) counsel is doing!” shows a lack of chutzpah on the part of the foreclosure defense attorney.  Further, if the judges are going to allow fraud to be committed upon their courts, then they should be unseated and not allowed to serve on the bench.  A prime example of the type of action to reduce foreclosure tyranny was in the Florida court of Judge Diana Lewis (who was replaced by Jessica Tictin, a former foreclosure defense attorney) in the last election.  Judges need to understand that when confronted with foreclosure issues (robosigning, fraudulent documents, notary fraud, computer-manipulated documentation, etc.) they need to allow discovery and thus stop attempting to “clear the dockets” in the name of judicial expediency.  But then again, this is why we have appellate courts.  This is why there is no free house.  Anyone with equity in their home, especially substantial equity, can certainly understand why planning an appeal from the beginning is the most important part of the legal process.  Just simply throwing claims of fraud on paper proves nothing without evidence.  Retaining auditors to do various “independent examinations” of your records is NOT evidence either (and can and will be tossed out as evidence), because these audits and examinations rely on multiple sources which have to be deposed and this is where the fight in the civil realm can be costly.

Here’s some more “cud to ruminate on” … as long as the banks and their attorneys are going to treat you like goyim:

1. Whether or not you may claim that you were defrauded, no one held a gun to your head to sign the mortgage and note at closing. 

If you got one of these subprime loans that are referred to as NINJA (no income, no job, no assets) or “liar loans”, then it is clear that: (a.) you probably did not understand what you were signing at closing; (b.) the lender you borrowed the money from probably misrepresented its position to you in the equation called “securitization”; and (c.) you did not get the proper financial education in high school or college, enough to understand why you had rights ab initio. You will be faced with these aspects as soon as you enter the courtroom, because many judges pay their mortgages every month and they’ll certainly want to know why you’re not paying yours.  If you don’t have equity, then how can you do equity?  That works in reverse against the banks as well.

2. Ask yourself why you didn’t ask more questions at closing, like, “What is this MERS listed on my mortgage or deed of trust?”  

Ah … you knew I’d get to this point sooner or later, right?

MERS is a private corporation owned by MERSCORP Holdings, Inc. (who used to be known as MERSCORP, Inc.).  Both of these separate corporations were formed in Delaware and are statutory creatures of that State.  You wonder why banks incorporate in Delaware?  It’s because of the tax and other legal advantages that State offers them (like South Dakota).  By not asking for a copy of the mortgage and note you’re going to sign beforehand to examine it for potential pitfalls is just another “sign” that your financial education was lacking.  So here’s some homework …

(a.) Study the Gramm-Leach-Bliley Act.  Get the list of all of those currently-serving Senators and Congresspersons who voted for it and seek to get them voted out of office.  They did the “greater good” wrong by repealing the Glass-Steagall Act (another thing you need to research).  This Act kept the banks out of the securities business.   By the passing of Gramm-Leach-Bliley, in 1999, that more mortgage market chicanery was to follow.  You need to understand the serious nature of what happened to America as a whole when the banks were allowed to securitize mortgages.  The repeal of Glass-Steagall put the screws to America as we know it.

(b.) It’s no secret that MERS and MERSCORP officially started business on January 1, 1999.  They did not register to do business in all states. Perhaps you should look into whether they were registered to do business in your state at the time you got your loan because that may have an impact on whether they have standing to pursue a claim against you. It is no secret that MERS claims one thing to its members (who deliberately misuse and abuse the MERS® System to facilitate fraudulent, self-assigned assignments using MERS’s name as a precursor to foreclosure) while deceiving homeowners by not disclosing ALL of the aspects of who MERSCORP Holdings and the MERS® System are.  You need to know all of the facts.  This is why I wrote the book “Clouded Titles” … because that is what ends up eventually being created as an “issue” because MERS is shown on your mortgage or deed of trust.

(c.) “Study to show thyself approved … rightly dividing the Word of Truth.”  This is not just a simple Biblical paraphrase, but it must be what all decent, hard-working Americans must do if they are going to survive.  We must all come to know the law at some point and everyone needs to study THIS sets of laws (real property, rules of civil procedure and rules of evidence) if you are going to survive legal challenges in today’s court systems.  If you go into court exuding that you deserve a “free house” because you were “defrauded” with no proof or evidence or money to back up what you’re claiming, then you have no right to be in court in the first place!  By going into court and claiming non-provable issues, you make bad case law for everyone else who can come forward with justiciable issues of controversy.  It’s the old saying, “one step forward … two steps back” each time a homeowner goes into court unprepared and badly financed to undertake what could turn out to be protracted litigation, because the banks will do everything in their power to outspend you.

3. You can’t stop a foreclosure based on your good looks!  

In non-judicial states, the only way to stop a foreclosure is to file a lawsuit and obtain a temporary restraining order (“TRO”) to keep the lender from foreclosing on you by publication and sale.  It may be that the “servicer” or one of its henchmen, known as a “substitute trustee” (because we can’t have the good ‘ol boy title companies who signed on as original trustees foreclosing on you now, can we?  That’d be bad for business because no one would trust them) is the party conducting the foreclosure.  In deed of trust states, the note is not required to be demonstrated in a “prove up” type hearing (as in judicial states, where court litigation to foreclose is mandated by law).  This is why the banks all wish that every state was non-judicial (so they can steal anyone’s home any time they want to, whether you have a mortgage or not) because of the low-cost benefits of publication and sale.  So simply going into court with the, “somebody done somebody wrong” song just doesn’t cut it when you don’t have your facts straight.  The big banks and the trust entities doing the foreclosing these days have already gotten out in front of the frauds they created when they loaned you the money in the first place and sealed off many of the defenses you might be able to claim (but that doesn’t mean you still don’t have a shot at them).   I invite you to get a copy of Robert M. Janes’ book “Fighting the Foreclosure Machine” and study it thoroughly.  It’s the type of simple investment you need to have before you enter the foreclosure arena and attempt to fight “the Monster”.

TO BIG TO JAIL?  REALLY?

Just because we put the heads of the major banking cartels in prison for doing all of this does NOT mean that their banks are going to fail and the American economy will be ruined.  There are plenty of smaller state banks and credit unions out there to pick up the slack if the big banks get broken up or their CEO’s end up behind bars.  To put this fallacy to rest, visit Ellen Brown’s website or get the book “Web of Debt” and understand exactly what happened to you in all this mess.  Brown makes a great argument as to why the Bank of North Dakota is successful and why every State in the Union should create a bank modeled after it.  Visit her website at http://www.ellenbrown.com.   Brown attempted an unsuccessful bid for the California State Treasurer’s office.  

If we had not been suckered into believing that every American deserves a home of their own and then plied with subprime mortgages, we would have no purpose in reporting on this foreclosure mess.  If we didn’t intimate that by having MERS on your mortgage or deed of trust would lead to a cloud on title, there would be no purpose for having Quiet Title Workshops.  New for 2015, these workshops are a way to further your education on your contractual rights within the mortgage and deed of trust and procedurally, to understand HOW a quiet title action is supposed to work.  It’s still one of the equitable remedies left to homeowners and after all, it is your evident contractual right to do so.

America will move forward when the masses become educated.  This blog site seeks to provide you with the information you need to survive.  What you do with that information once you have it is up to you.   You still have a vote.  Use it!

IT’S OKAY TO ADMIT YOU’VE MADE A MISTAKE!  

Just don’t keep repeating it.  In other words, if you got screwed by a MERS Mortgage or Deed of Trust, don’t enter into one the next time.  Here’s some tips that I utilize in my chest of stratagems:

1. I stopped borrowing money from the big banks.  I closed all of my personal and business accounts with them.  I deal with smaller state banks and credit unions.  Despite the “safe and secure” and “courteous service” crap the major banks ply you with, this too is a misperception.  Many people don’t deal with banks at all.  That’s your prerogative; however, in this day and age, convenience requires at least a debit card.

2. If you ever intend on purchasing a home, you at least need to establish some credit.  This is why I wrote The Credit Restoration Primer, now in its 5th edition (that means there were 4 previous reasons why I added new material to the existing books).  In this day and age, if you can’t pay cash, you will need at least a 680 credit score to get a decent mortgage.  My book can help you in your quest to get to that point.  I gave a copy of this book to all my children and told them to read it because I don’t want them repeating my mistakes when I first started out.  By the way, I bought a deed in lieu of foreclosure for $2,000 down and $360.00 a month on a property that the bank held the paper to (a small community bank).  The property had a house on 14.2 acres.  The deals are out there folks, you just need to explore!  The banks holding the paper just want someone who can pay the mortgage every month until it’s been satisfied in full.  The banks really don’t want to own real estate.  That’s why I like dealing with the smaller banks.

3. If you have to borrow, make sure MERS is NOT on your mortgage or deed of trust.   Insist on that.  If one bank or credit union can’t be of service because it’s a MERS member, find one that isn’t.  Find one that won’t sell your mortgage loan into the MERS® System either.  This is one way to protect your property’s title from the harm that is called unmarketability.  Insurability means nothing if your title has clouds on it!  Don’t be fooled by the misrepresentations of title companies.  Read SCHEDULE B on the average Homeowner’s Indemnity Policy and you’ll see what I mean.   Title companies are members of MERS too because they can “write around” defects created by the use of the MERS® System.

4. Get out of as much debt as you can and stop leaving paper trails.  I’m running into a lot of individuals these days that are buying up land and holding it. I know that’s a stretch for some of you but raw land generally hasn’t been molested by the MERS® System and its member-users and so it offers some simple advantages of potential tax write-offs (interest paid).  Many real estate agents don’t like selling raw land because many times, the purchaser’s intent is to build a small structure for cash, thus cutting them out of everything but a commission.  Having a mortgage is not good, especially when you have no income to make the monthly payment.  Getting America back to basics means starting with a “clean title” to a piece of raw land, because, as Will Rogers eloquently stated long ago, “They’re not making any more of it!”

Paper trails come by the misuse of credit cards.  I keep some on hand for incidental purchases and purchases of airfare and hotels for my seminars, because I know I will pay it back in full when the bill comes due and I will have generated write-offs as a result.  Paper trails are harmful if you spend money on frivolous things and use a credit card to do it with.  It shows you’re irresponsible with your money and your credit.  So, pay cash for your purchases when you can.  Many people who by my credit primer are using the material to wipe off existing debt and clean off their credit histories.  You will never disappear from society, despite what you think.  Technology forbids this.  They know where to find you, so stop being paranoid and start being proactive.

5. Filing bankruptcy is NOT an option.  If you have no credit cards or loads of unsecured debt to get rid of (and you’re only doing it to stall foreclosure), perhaps you need to restrategize and rethink your living ideals.  If people would stop buying “McMansions”, builders would stop building them.  The economy can survive quite nicely building 1000-1500 square foot homes.  Bankruptcy puts a kink in your credit for ten (10) years, even if it’s dismissed after it’s been filed.  Filing bankruptcy shows intent to discharge debt but it doesn’t relieve you from your mortgage or deed of trust as a security. The bank will eventually get it back (whether it legally can prove it owns it or not).  Even though bankruptcy is a strategy and doesn’t carry as much of a stigma as it used to, it still shows up on your credit report and at best, you will be “stalled out” for at least 2-3 years while you try to regroup.  If you have no equity in the house that’s being foreclosed on, taking a 150-point hit and moving on is a lot better than blowing all of your money fighting a court battle that if you lose, you’ll have nothing left to regroup on.

Last weekend, my wife visited Miami Beach and went for a walk to take in the sights.  We passed a homeless man sleeping on the street in a nook off of a busy sidewalk.  Of all places to be homeless.  Miami Beach.  Seriously?  This led to the conversation that the man was there by choice because everyone in America has the freedom to make choices.  A lot of people end up like this man because they: (a.) made the wrong choices; (b.) made the wrong choices more than once; and (c.) chose to have a pity party instead of rising to the occasion and doing something about it.

6. At some point, figure out a plan to pay off your existing mortgage.  Whether it’s by relocating to smaller digs or restructuring your finances by lightening your load (getting rid of things that aren’t making you money but are taking up space), come up with a game plan to completely get out of debt, including your mortgage.  Start with a 5-year plan.  Figure out what you will need to live on for that period of time, less taxes paid, and pay down on the principal with the difference every month.

Many people tell me they are “prepping”.  That would appear to indicate to mean (to me) that they don’t trust the economy or the government and are taking personal responsibility for doing something about it.  I never chastise preppers; however, they’ve made mistakes setting up camp too.  There is something to be said for “living like the Amish”.  I spent three years studying the ways of the Amish.  They seem to have a fundamentally great plan to survive in case everything “hits the fan”.  There’s nothing like being mortgage free when another crash occurs.  I believe it will.  Don’t ask me when … but I don’t believe it will be this year despite what all the doom-and-gloomers think.  Never hurts to plan though, right?

7. Only buy what you can afford.  America got into financial straits by greed and gluttony.  Just because you’ve made a mistake buying too much house doesn’t mean you can’t scale down.  This is America and you still have the opportunity to make choices.  By buying a modest home and not a McMansion, you’ll have time and more funds to do something constructive with your life, like blessing others.  People who have lots of money have a different set of problems.  America has gotten out of the “saving” habit.  Rather than leaving money in the bank to save, put it into real estate that will eventually pay you a return in one form or fashion.

8. Become proactive in your government.  Do things that will make a difference, like getting your land records audited or examined.  Change begins at home, even if it’s a small change.  Change your world by example for others to see and follow.   Don’t settle for mediocre just because it achieves a political whim.  Strive for a finite end to a problem and not just a stopgap to a symptom.  Your County Commission or Board of Supervisors is a great forum in making your voice heard (not to mention the networking opportunities with like-minded people).  Squeaky wheels get greased.

9. Keep your prepping activities to yourself.  It’s bad enough we have GPS and smartphones.  Don’t go broadcasting that you’ve stocked up or your neighbors who didn’t will know where to go when the store shelves are bare.  Don’t let others chastise you for your efforts.  After all, grandma and grandpa did this long ago because they knew there would be “rainy days” too.  Nothing has changed.  This is still America … land of the fee and home of the slave.  Don’t become a refugee like the homeless man in Miami Beach who chose his miserable lifestyle.  While it is sad we have tent cities to show for our misbehaviors, no one held a gun to our head to sign the mortgage and note, remember?  We need to take responsibility for our actions.

10. If you’re having trouble in a job, then retrain and move forward into another line of work.  Many times, certain jobs because obsolete.  I created a niche that will outlive me and I am sharing it with others who can also make a living doing what I do.  If retraining is part of your regrouping effort, then find a way to make it happen.  Living in a career where you are stagnating is as equally unproductive as it is unhealthy.  If you’re going to “suck off the government teat”, then at least make it a temporary thing and not a permanent one.

There are people who make things happen.

There are people who watch things happen.

There are people who wonder what happened.

I prefer not to be in the category with the last two.

 

 

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Robosigning and document manufacturing is still ongoing in real property records across America!

The opinions expressed by the author of this post are his own and do not constitute legal advice.  For more detail information, visit the Clouded Titles website at http://www.cloudedtitles.com.  For real eye-opening truth, visit your local county recorder’s offices and start researching land records and see how many times you can still spot document manufacturing by servicers and third-party document mills!   It’s still alive in 2014 and continues to permeate real property records even after the servicers agreed by Consent Order with the government NOT to engage in such practices! 

Word on the street is that two more counties are looking into conducting audits of their land records.  Depending on what they do with this information, the audits could either be useful or a total waste of money, causing political backlash on their proponents.

American Banker is reporting that two servicers think they’ve got “robosigning” fixed and that the government is going to let them out of their Consent Orders.  My response?  ROFLMFAO!   Considering the work I am engaged in at the moment, even the smallest populated counties in America have evidence that document manufacturing (which involves third-party hearsay computer data transfer; robosigning; surrogate signing; notary fraud; false swearing; forgery and ultimately, criminal RICO behavior) is NOT fixed and continues to be prevalent in real property records.   In one month, my “back door statistics” show that out of every assignment that is filed in any given land record, 90% of them contain “markers” of document manufacturing.

There are 15 typical and distinct markers that one can look for when exploring the land records … yep, I’m going to list them for you right here:

(1) Template assignment forms; often times prepared by someone other than the signers.  Many times, the law firms are shown to have prepared the documents, which smacks of third-party computer software platform communication;

(2) Use of “photoshopped” signatures and notary seals (to save processing time);

(3) Use of rubber stamped dates, names and titles (to save processing time);

(4) Use of rubber stamps to affix the location of the notarial execution (to save processing time);

(5) Two-page assignment templates (so the notary processing can be developed separately from the signature pages);

(6) Bold-faced black type in ALL CAPITAL LETTERS which is a marker of a computer-generated template form that allows the user filling in this hearsay data to simply “fill in the blanks” and hit “PRINT” or “SAVE” to send to someone else, who has no personal knowledge of what the previous user had when they filled out the document in the first place;

(7) Failure to make the notary that is acknowledging the document actually delineate the basis of identification, gender and plurality (if there is more than one signor);

(8) Use of eSignatures to speed up document template processing (that means they’re applied without the signer’s knowledge of the facts stated on the document … only the signer’s consent is given because they’re an employee of the document mill);

(9) Document preparation personnel are separately noted at the bottom of the document, which may be in a different part of the building and/or State other than where the signature(s) were affixed;

(10) The document was prepared by an attorney, who is directing the manufacturing process of the lender’s processing arms or of independent third-party plants; or in the alternative, being ordered by the Servicer (who’s making all that money off of stringing you along as you circle the foreclosure drain) as to WHAT to put on the document;

(11) Use of “autopen” type signing devices to imprint signatures on the signing lines (to speed up the signing processes); or in the alternative, the documents are pre-printed with the signature and signature lines already signed by the signers;

(12) Documents that are dated, recorded and issued the same day that a foreclosure case has been filed (it will generally be the same filing date as the Notice of Lis Pendens);

(13) The “Return To” address on the document is to that of an alleged service provider or an attorney or law firm;

(14) The signor scribbles their signature (a key “marker” of robosigning or surrogate signing and/or it appears that the handwriting is that of a female when a “male name” appears on the document below the signature line; and

(15) There is missing information on the copies submitted to the recorder of the subject jurisdiction where the recordation of the original (such as a Power of Attorney) contains the headers or other missing information not found on the subject recordation.

In the latest work I’m engaged in, which will be made manifest soon, there is definitely evidence that many of the vendors out there that are promoting their “new and improved software” are actually creating opportunities for document manufacturing and robosigning abuses by the very servicers who are under government Consent Orders to stop such practices!

I listened to one webinar last week where at least one software manufacturer discussed ways to “bat cleanup” to avoid Unauthorized Practice of Law (“UPL”) issues … especially on releases of lien and reconveyances!   Why would vendors bring this information forward in a webinar unless they knew these practices were ongoing?

I construe that dissemination of such information makes releases of lien, satisfactions of mortgage and reconveyances all suspect for document manufacturing!   They might as well title the software programs as: “How to Steal People’s Homes for Fun and Profit!”  (backed by the U. S. government who really isn’t “monitoring” these continued abuses)

I can tell you with a certainty that these practices have NOT stopped.  Every item I have listed above was personally observed during my review of hundreds of documents I am currently processing!

Even more damning, these practices are being utilized in an effort to bring the manufactured document forward as evidence by the alleged “real party in interest” to effectuate foreclosure against the property!  In many states, these processes are considered a felony!

In fact, the abuses using the MERS business model are also still ongoing.

MERS is now repeatedly being listed on assignments (in 2014) by third-party document mills as a “standalone” without showing nominee status for any given lender!   Many of them are listing MERS as an “Assignor” or “party of the first part”!  These mills are also listing lenders who nominate MERS that are long defunct.  MERS claims to be an agent (nominee) on these assignments, knowing that the originating lender who gave them that authority will be the entity who has to prove in court that they gave MERS that nominee authority.  MERS cannot self-authenticate its own agency status.  This is where the Robinson’s attorney failed to nail MERSCORP to the wall in her reply brief in the MERSCORP v. Robinson case in California (read it on the NEWS link here).   That case is set for trial next year.

Finally, it is important to note that since I’m not an attorney, I can at least tell you what the research shows … that whoever is claiming authority of some sort (in court or on paper) must have the Grantor of that authority present to affirm such authority; otherwise, you’ve just let the other side potentially commit perjury on the record!  One way to look for that authority is by researching Power of Attorney recordations in the land records (they should be recorded in the county where the subject property is located in order to be considered applicable).  Look for lists cited as “Exhibit A” which contains names of REMIC trusts and/or signers who have alleged signing authority (this still must be verified in court to be valid, as the documents are NOT self-authenticating) … I have found where the noted “Exhibit A” attachments are missing, which for all intents and purposes, invalidates the documents!

Subscribe to this blog for the latest news and information on the “real fight” to stop document manufacturing and robosigning!   Save yourself a lot of grief … DON’T SIGN MERS MORTGAGES!

 

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Why County Recorders and Clerks Need to be Proactive in Maintaining the Integrity of Their Land Records

The author is a consultant to attorneys that handle foreclosure defense cases for homeowners and is NOT an attorney who can render legal advice.  For that, you need someone versed in these matters.  No attorney can give you legal advice unless he is retained as your counsel. 

A lot of folks facing foreclosure seem to be more proactive when it comes to justice for those not only in their immediate sphere of influence but also in their county.  I have been getting numerous calls regarding my company’s availability to conduct land record audits (for statistical analysis information) and comprehensive forensic examinations (for evidence of both civil and criminal wrongdoing) from these pre- and post-foreclosure victims.  They don’t want others to experience what they’ve gone through and want their county clerk or recorder to do something to stop the infiltration of what appears to be continuing in the real property records of their county, despite the assurances from the banks and servicers that there is no more robosigning and false swearing on documents.

With the latest “win” (at least in part) in Pennsylvania (go to the DK Consultants website to download a copy of the Order and Memorandum HERE) by Nancy Becker, standing up for those in her State who have been wronged by the MERS business model, more county recorders and registers of deeds (all 67 Pennsylvania counties were placed in the same similar class action scenario with Montgomery County, PA here) need to stand up for what is right and stop looking at the ministerial picture they were allegedly elected to partake in.  Again, as I’ve stated in earlier blog posts, if the county recorders and registers of deeds (and clerks and auditors) do not stand up for what is right NOW, there won’t be any credible land records to protect if this scenario is allowed to continue for another 15 years.  This, my friends, IS the definition of “Insanity” (doing the same thing for the next 15 years as you did for the last 15 years, expecting different results); and this will bring political and financial havoc on the counties to the likes that they’ve never seen before.

While the likelihood of an appeal to the Third Circuit by MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc. is almost certain, the county recorders and registers of deeds and clerks should become proactive in their due diligence to maintain the integrity of their land records, for both moral and political reasons.

The County Clerks, Recorders and Registers of Deeds have a “Constituency” of people who elected them for a purpose …

The rank and file (the status quo) would appear to dictate that county officials entrusted to maintain the real property records for their county should just act as “ministerial minions” and simply accept and file whatever they are handed by anyone with a computer and a printer, as long as it’s signed and notarized, whether it’s legal or not. To me, this type of thought process is flawed, especially in this day and age.

Every time I turn around, one major bank or another is paying the federal government or the SEC money to make an issue go away.  Most of the AG settlement issues involved robosigning, a practice that involves people who have no personal knowledge of the contents of the documents they are affixing their scribbled signature to, place their name on at least 350 documents an hour for the purposes of infiltrating the county land records with more “assumed” documented “truth”.  The problem is, despite the fact these big settlement awards are being paid by the major culprits for robosigning, the practice appears to be continuing.  It is sad that a financial institution can’t find the notes because they’ve been shredded, so they have to manufacture some new ones so they can make a case against a homeowner.

Because this robosigning practice appears to be ongoing despite the promises made by the banks and their minions not to do this anymore, documents are being manufactured which are being recorded that are (1) not self-authenticating; but (2) are designed to give the appearance that an assignment or a release or reconveyance actually occurred.  Most of these documents involve the use of the MERS business model.

It is time that these elected officials used their “constituency” to “lien on” the county district attorneys to prosecute criminal wrongdoing by the banks by utilizing the local county grand jury.

In summation, nothing the U. S. Government, the SEC, the AG’s and the States are doing benefit the homeowners themselves, who are the real victims here.  Granted, you can use the argument that “the homeowner signed the contract” if you want to; but the fact remains, the loans were designed to fail and the banks knew that. They too (along with the courts) must accept that fact as well.

The courts must also desire to understand that the banks were (on multiple occasions) paid off on a majority of the loans they made when the defaults triggered the swap payouts.  More and more homeowners are coming to recognize that their “bottom line” book entry was zeroed out right after DAY 59!

Learn more about all of this at the upcoming Enhanced COTA Workshop in Las Vegas on August 22-24, 2014.

Visit http://www.cloudedtitles.com for more information!

 

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