Tag Archives: securitization

THE LESSER OF TWO EVILS

(Op-Ed) — The opines here are never construed as legal advice. They’re just a bunch of IMHO’s with a little common sense thrown in!

I received an email from a fellow in Ireland (County Kildare to be specific), wishing to order a copy of Clouded Titles. I was rather taken aback at why someone from “the other side of the pond” would want to order a copy of this book. Further “enquiry” (which is the Irish term for our “inquiry”) did elicit a response I wasn’t expecting … that Irish citizens have taken up a resistance to the same chicanery by the banks and their barristers there! They apparently have discovered that the notes and the public records don’t make sense and word has it, they’ve even caught barristers lying to the judges in court in trying to steal peoples’ homes in foreclosure … and apparently, there is a movement afoot to expose the entire fracas!

Never having direct exposure to their “system of things”, until I make further enquiry into that country’s dilemma, all I can determine for a certainty is that Ireland has a housing shortage of over 100,000 units and now their foreclosure processes have kicked into gear and have been for some time, with Ireland in lockdown (worse than California). Imagine Ireland with no pubs open? Oh feck! No Guinness? (… and their Guinness is sooooo fresh over there you can’t hold a candle to what we drink here.)

Since we have the International Monetary Fund (IMF) in existence, I can only surmise that the same foreclosure scandals are happening in hundreds of other countries across the globe. Many years ago, a fellow in Australia emailed me to tell me the same securitization crap was happening there … and in Western Australia, they’ve now legalized forced inoculations where they can literally seize you, take you to a private location and strip you naked and stick a needle in your butt! The shapes of things to come.

Now Dr. Anthony Fauci (the alter ego of Dr. Josef Mengele), wants to have a federal mask mandate, flip-flopping on his previous agenda that wearing masks aren’t going to help stop the spread of coronavirus. In fact, there are suppositions about that a “federal lockdown” of the U.S. may occur if a certain presidential candidate gets elected. I shudder to think this country could survive another mandated lockdown without some sort of civil unrest the likes of which were previously precipitated by bad police behavior.

The City of Punta Gorda, Florida’s city commission opted to put a mask mandate into place, forcing everyone to wear a mask when entering a place of business. Guess when it expires? November 3rd. What does that tell you?

By now, with the Hon. Amy Coney Barrett officially sworn in as the new U.S. Supreme Court justice (and the party line dictates and political bitching that ensued), pre-election, we can either say that the President (Trump) was doing his official Constitutional duty or conservatively stacking the deck in favor of a majority of folks he thought would lean to the right. Given the responses of Judge Barrett, I’m not so sure she’s not a right-thinking moderate and will be an asset to the discussions surrounding all of those diatribes that the Democrats have attempted to scare the population with. After all, she does have children of different persuasions. I get her belief system and her compassion, rooted in family values, but taking exception to individualism. The Constitution guarantees the general welfare; not the rest of everything that’s been thrown at us since 1913.

Come November 3rd, no matter what political leaning you subscribe to, it is a fact that the President can attempt to dictate public policy, but COVID or no COVID, this country was doing exceptionally well before the bioweapon hit the U.S. Weigh the consequences before casting your vote. Further, the President doesn’t make the laws. As the country’s chief executive, he can make suggestions, but he’s not the one that votes “Yea” or “Nay” to get it done. He only signs off on what Congress has done if he agrees with its decision. People spend too much time watching the 3-ring media debates, technically geared toward socialist policy, in an attempt to further the Hegelian principle I spoke of in a previous post … create a problem, spread the fear and confusion surrounding the problem, with a solution already in the works, created before the problem occurred with the intent to invoke the solution, claiming the sheeple want it and thus are entitled to have it.

The issues surrounding the political climate in America are generated by those inside the Beltway … in my book, with sinister intent.

Verily I say unto you … if government agents provocateur weren’t involved, you wouldn’t have securitization, which allowed the banks to play in the secondary mortgage markets with the ability to make gobs of money off the backs of hard-working Americans … nor would you have a virus that was sent to Wuhan, China with $3.27-million of our taxpayer dollars for further “cultivation” and subsequent release on the world by a not-so-transparent government monster. In both instances, the U.S. government was involved in some way. And our Congress thinks we should open our doors back up and deal with China? I personally believe protectionism (i.e. border walls, bringing manufacturing jobs back to America, rebuild the infrastructure) is what this country needs right now because we’ve got too many of our own problems to deal with here rather than trying to “buy our friends” elsewhere for the sake of political expediency … using our tax dollars to do it with.

The Foreclosure Defense 101 Workshop is now available on demand. For the average person out there who will soon be or is now at risk of losing their home, this is a token investment in your future. If you don’t get an answer to your growing concerns over “fight or flight”, you will after watching this recorded 4-hour webinar and reading all of the PDF handouts you get in your inbox! We even talk about the dirty tricks played in court against homeowners who don’t understand HOW TO fight and how the average litigant should counteract. We’ve even included extra “stuff” not included in the syllabus, which you can read on the Clouded Titles website!

Recognize that no matter WHO you think is really in the driver’s seat come November 4th, your vote still matters … the moratorium is still going to end … and we’re still facing another foreclosure shit show!

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10 DAYS OF DARKNESS? REALLY?

(Op-Ed) — I’ve heard this expression more than once in the past few days. I pondered this for a minute and then decided it was time to turn on my office light, get on the blog and post the following:

AMERICAN PANIC

Yes, as we approach the November 3rd elections, we see more hatred for our fellow Americans because of political influence and disinformation. I’m more concerned with the disinformation than I am with the political influence because in my book, politicians will say anything to get elected. However, it’s what they don’t say that worries me more. It’s what’s not written in their agendas that is propagated on the internet that gets my goat sometimes, much the same as it does you, whether you subscribe to “Q” or not.

I am confident that Hon. Amy Coney Barrett is going to win the nomination to fill the seat vacated by the death of Justice Ruth Bader Ginsburg and the politicos are all going to go schizo over the fact the bench was “stacked” with conservative judges right before the election. Again, I posit that the Constitution of the United States gives the President the right to fill vacancies on the Supreme Court, whether you’re a Republican, Democrat or a Libertarian like me. It doesn’t matter. If you support the Constitution of the United States and what it stands for, then you shouldn’t be in a panic because the President did his sworn duty.

BAD RELIANCE ON THE “STATUS QUO

It is unfortunate that the status quo wants to revel in discontent. Nothing pleases them unless it caters to their agenda. Deep State plays within the status quo. Deep State plays within the medical community and within the intelligence community. Most everyone has that sinking feeling that the NSA is Big Brother, Snowden or no Snowden. Understand that both sides of the aisle have contributed to the mess we’re in (and I’m talking about Congress here) yet come election time, Presidential candidates hang their hats on and take credit for all of the successes created by Joe Public.

It is a proven fact that people don’t like having to pay taxes. Once they fill out a 1040 Form they are forever obligated under the law to fill one out every year, declare their earnings and pay a tax. We don’t get paid to sit there every year and sift through all our receipts and determine what we can write off and what we can’t, depending on what the Status Quo demands via legislation every political cycle. Of course, not everyone is self-employed. If everyone would form an LLC and be their own boss, there would be more opportunities for write-offs.

And the status quo balks because President Trump purportedly only paid $750/year on his taxes. Again, I point to the law of the land and ask simply what law says that the rich can’t use the tax loopholes provided by Congress to avoid (not evade) having to pay gargantuan sums of money come tax time? I love it when half the Status Quo says we need to gouge the rich and give it to the poor. They seem to forget that the rich got that way because they worked smart and used the system’s own tools to grow their businesses. And for that, they should be penalized and made to share their wealth with people who don’t want to work at all? Seemingly, that goes against Biblical principles. If the rich can create more jobs using their existing wealth, wouldn’t having a job be better than not having one?

There are rumors of a “debt jubilee”. Frankly, I don’t see a federal mandate wiping out all of our debts so we can start over and those who found advantage with it will party like it’s 1999 and spend themselves into oblivion again. That too is a vicious cycle promoted by the status quo, which will never permit a debt jubilee, done through Executive Order or not. The banks cannot be harmed and the banks have so much influence over the Status Quo that if they were harmed through massive debt forgiveness, they would retaliate in such a manner that would indeed cripple this country. I wouldn’t be a bit surprised if the banks funded an EMP strike on the United States so we’d all be back in the Stone Age, given the banks’ behavior in the foreclosure process that’s happening now.

SATURDAY, OCTOBER 24, 2020

It’s interesting to note that our Foreclosure Defense 101 Workshop falls within this alleged “10 Days of Darkness”. It’s scary to think that at a point in time in the future, the banks are going to come after tens of thousands of homeowners (as much as landlords are going to come after deadbeat tenants) and force them out of their houses, hook or by crook. It’s the “by crook” part I’m worried about because of securitization and the resulting lost or forged paperwork to “patch things up” to make the banks’ stories to the courts more plausible.

I chose to hold this workshop BEFORE the November 3rd for good reason … because of the uncertainty in the shift in political climate following the election cycle, which could turn into a menstrual cycle (a blood bath) of monstrous proportions if the Status Quo gets riled up enough to cause more civil unrest … another uncertainty. This is why more and more Americans are stocking up on guns and ammo. I suggest caution before action here. You can only defend yourself using lethal force if your life is threatened to the point of furtive action by your assailants. Many states do not have laws like Florida’s “Stand Your Ground” law and there will be hell to pay if you “step over that line” in trying to protect yourself or your loved ones.

DISTILLED DISINFORMATION

At this juncture, there are very few media outlets that are reporting the truth … all are fear mongering, speculating, accusing and tainting the narrative with all sorts of watered down mischaracterizations of our current scenario. We are not bound to believe any of it, whether it be forced mask wearing, which has been found to cause more cases of COVID than not, or whose got their hands into what country’s pockets. Do you actually think that staying home and not voting is going to make a difference?

I can tell you with a certainty that NOW more than ever, your vote matters. Look at the facts of each issue and research them for yourself. Don’t make snap decisions based on the false narratives pontificated over mainstream media. Frankly, you don’t know whether Deep State is behind the diatribe or not. Look at the bright side, the number of independent voters out there have already made up their minds whether they want to get dinged for higher taxes in the future or whether they liked the way the economy was before COVID-19 hit.

Recognize also that COVID-19 is a biological weapon, created in a lab for the purpose of destroying our economy so it could be used for political gain. It’s pure and simple biological warfare. There’s no getting around it. Most of America will survive it, mask or no mask. Social distancing or no social distancing. It’s still a biological weapon and the United States was playing with this in the labs at Duke University at Chapel Hill and shipped it off to China to be further “toyed” with, along with $3.27-million of our tax dollars.

The NIH (Fauci) was involved in this transaction. A Chinese virologist has admitted COVID-19 was created in a lab. Screw the seafood market theory. China knew about this weapon and what it was doing to its own population back in October of 2019. It was hidden from our President and America as a whole. It was unleashed with the intent to create economic and political turmoil … and we all let it succeed … led by our fearmongering politicians, many of whom overreacted by shutting down our economy, for which the President had no direct control. Yet people still blame him for the shutdowns? You see, this is where America became a nation of fear and not addressing these issues logically. Half the country still cowers in the corner over this whole thing, in denial that blame shouldn’t be placed where it deserves to be placed … the NIH and Wuhan.

If you think for one minute that 10 more days is going to make a squats difference here … you are still feeding off the fears created by Deep State. These bureaucratic factions want complete control over you and your life. Please reference Georg Hegel’s work. Here it is in its simplistic form:

Step One: Create a problem – Create the notion that a problem exists, blow it up out of proportion, even if the actual outcome is less than what it is purported to be. Then, use the problem to scare the shit out of the masses.

Step Two: Publicize the problem, create opposition to it, create turmoil in the public by offering multiple scenarios to confuse the masses so they all turn against each other – Relentlessly place stories about this problem in the major media outlets. This has happened as the result of the COVID-19 scare. The news media has made it their political agenda to place blame on President Trump in support of the liberal left, who want to take control of YOU and your person. It’s the steady drumbeat and a truism for the public who then begin clamoring for a solution to this problem.

Step Three: Offer a solution – TA-DA! The best solutions are those that appeal to the emotions of the public and make them think something really good is being done for them, when in fact, something really bad is being done to them. This solution is one that the public never knew it needed until the conditioning of Step Two was successfully completed. In this case, it’s the vaccine! And we have no idea what’s in it, even if the President has promoted it as safe. If the drug manufacturers are being held harmless (you can’t sue them if it kills your family member) from all legal liability, then why should we think it’s safe? Let Congress take the vaccine first. If it’s that great and they’re all still alive in six months, then it’s okay for everyone else to take it, so long as it’s the same vaccine and not some Manchurian Candidate shit. Deep State is in bed with the technocrats who want to use AI technology to monitor your heart rhythms and regulate your existence!

A DAY OF REASONING … NOT RECKONING

A majority of Americans surveyed (multiple times) have indicated they will not accept the vaccine … for a number of reasons: (1) they don’t know what’s in it; (2) they think that they’ll be injected with strains of COVID, HIV or malaria; (3) they think Deep State and Gates have factored in a biochip, where the “new and improved” 5G networks can be used to regulate our human physiology and even cause our bodies to shut down (instant heart attack and no one is the wiser); and (4) they flat out don’t trust the government and anything it stands for, even if they did get a flu shot before.

The media, especially those talking heads that are full of themselves, would like you to believe that they’ve got the answer. In fact, they’ve become the problem. Nothing they say can be trusted because it’s all based on their opinions, lightly seasoned with watered down facts to make it more palatable. Ours is not to question why? Seriously?

WHAT FOLLOWS NOVEMBER 3RD ISN’T GOING TO BE PRETTY

If you want to look at America’s “dark side” wait until after the elections.

One certainty is this … in short order, there will be a severe uptick in foreclosures and evictions and the economy will be thrown into another state of political turmoil.

But look at the bright side … if you or someone you know could fall victim to foreclosure (or face eviction as the result of foreclosure) … here’s a simple way to delay foreclosure (“buy time”) so you can execute on Plan B:

FORECLOSURE DEFENSE 101 WORKSHOP

10 Days of Darkness? Really? Someone turn on a light.

Time for a reality check.

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Letting the banks “get away with it” …

(BREAKING NEWS, OP-ED) — Part of what we’ll be discussing in the upcoming Foreclosure Defense 101 Workshop on Saturday, October 24th between 10:00 a.m. and 2:00 p.m. (EDT) is affidavits … in general … and specifically regarding lost notes and assignments.

To further this discussion, I did some heavy research after seeing a Law.com post about a Pennsylvania “lost note affidavit” case and upon review, found what I was looking for … and the results were shocking!

On Page 2 of this 12-page opinion, the borrower (Rao) mortgaged the property and gave MERS nominee status on behalf of SunTrust Mortgage, Inc. That was in early 2006. Notice the following sentence … “On or around April 22, 2013, SunTrust discovered the note was missing from their vault and David Aken, Vice President, executed a Lost Note Affidavit.” Two years later MERS, assigned the mortgage to MB Financial.

Without looking at the assignment, I’ll bet you the servicer’s employees drafted and executed that assignment and it all followed Rao’s alleged “default” on his mortgage (March 1, 2011). That means it took SunTrust two years (April 22, 2013) to discover it didn’t have a “note” in its vault. Could it be that the note was shredded after it was uploaded into the MERS® System? At the bottom of page 2, MB Financial claimed it was in possession, either “directly or through an agent” of a “Lost Note Affidavit”, maintaining it had the right to foreclose on the mortgage.

Now we go to court … MB Financial’s attorney brought in a witness from SunTrust’s “default” department, attesting to the fact that a “Lost Note Affidavit” existed with a “copy” of the note, which contained no endorsement page. Gee, the author wonders how they got a “copy” of the Note if it was lost … Hmmm. Did anyone bother to ask why that was so? How can you negotiate a “note” if only a “copy” exists?

The bank also submitted a certified copy of the Assignment of Mortgage, assumedly drafted and executed by SunTrust to MB Financial. The trial court sustained Mr. Rao’s objection to the Lost Note Affidavit based on hearsay and refused to allow it into evidence, in addition to the admission of the Limited Power of Attorney.

The confusion begins where Mr. Rao (assumedly through his attorney) first made an oral motion for a Nonsuit and discussing with the judge the difference between a Nonsuit and a Directed Verdict, which the Court then entered on behalf of the homeowner. The Directed Verdict was later changed to a Nonsuit in favor of the homeowner after the bank filed a Post-Trial Motion. The next paragraphs … read them carefully because they contain the “nuggets”, in which the objections were sustained in favor of the homeowner.

Understand that was this entire matter was over was the differences between a nonsuit and a directed verdict and what the evidence could otherwise prove or show. Because the Trial Court precluded the Lost Note Affidavit from evidence, MB Financial couldn’t prove “possession” of the Note. But could it “prove” its case anyway if it only had a “copy”?

This is where it helps to know local court rules (or at best, state rules).

What you’re seeing in this case is the roundabout, typical argument that banks always use in getting their lost notes “re-established” to make them “stick” as evidence at trial. Why then, did it take SunTrust so long to discover it had no note? Was it because it wasn’t until after 2011 that Rao didn’t pay his mortgage loan and someone went looking for the documentation? Why did it take so long to discover the original note wasn’t part of the collateral loan file? The Superior Court ruled that as long as the witness can “provide sufficient information relating to the preparation and maintenance of the records” to justify their trustworthiness, they should be allowed into evidence as business records.

However, there is no mention of proof of the default. Since MERS was involved, the note had to have been securitized into a REMIC trust, which was commonplace during that time. The author sees no evidence of any default argument here, but rather, a business records exception argument.

Also notice that the Court declined to analyze whether the contents of the Lost Note Affidavit complied with the statutory “sufficiency requirements” and reversed and remanded the case for a new trial. That means MB Financial “gets another bite at the apple”.

And this is why we’re going to cover the affidavits per se in our upcoming workshop. The basis for creating an affidavit is personal knowledge and how and when “things” got lost, stolen, misplaced … or even created in the first place!

You can sign up for the workshop on the Clouded Titles website!

The author of this post is not an attorney and offers this constructive analysis for educational purposes only.

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FORECLOSURE “JUSTICE”? … A DAY OF RECKONING

(BREAKING NEWS, OP-ED) — The author of this post disseminates this dynamic diatribe to appease your appendages appropriately.  None of this is legal advice, only a mix of education and opinions, with some rather unique illustrations of our ever-changing system of things. 

The lack of trust in America’s justice system … 

Anyone who has kept a pulse on the tide of foreclosures that swept through America between 2009 and 2015 can easily understand where the mindset the author is about to describe is coming from.  Sadly, if you’ve ever been to a “rocket docket” in Miami-Dade County, Florida, you know exactly WHY folks have little faith in the justice system.  This author saw an entire courtroom of whining and sobbing homeowners eliminated from their properties, some getting less than a minute for their case to be heard before the gavel hit the judge’s bench.  For centuries, the gavel has represented a proclamation of a ruling and a symbol of authority by one acting in the capacity of a presiding officer.

It’s a sad state of affairs however, when a homeowner is just days away from being tossed out of their home by the sheriff and they’re in court, in front of one of these “presiding officers” without a clue as to how to defend themselves, grumbling and complaining to others about how they didn’t get “justice” because the judge wouldn’t listen.  Watching all of this “go down”, the author surmises that most of these folks were scared shitless because they’ve never been to court, some never got so much as a traffic ticket, yet they all had one thing in common … they had access to the justice system but just didn’t know HOW TO play in it.

Thus, since Americans these days are so quick to blame each other for their country’s problems, so much so they have to take to blows over a fecking parking space …

… and this author can point a finger at the efforts of the American news media (of which he unfortunately is still a member) to confuse the consuming public to carry on this type of behavior.  These two women attacked each other in a Houston Wal-Mart parking lot over who was going to get a parking space, assumedly closer to the entrance of the store.  Because Wal-Mart carries mostly Chinese-made products, the author no longer shops there.  Another reason is because the kind of tempers you see flaring here are more than likely to happen in discount shopping areas where people with little to no money that are simply trying to survive have and continue to lose all control of their emotions with even the slightest provocation.  And this same flow of emotions has sparked all-out riots in several American cities, where buildings have been burned to the ground and officers have been attacked and even killed, all because of the lack of trust in the justice system, which begins with police officers who are attempting to enforce the law.  (… and you were wondering where the author was going with this?)   If you need more of a wake-up call, WATCH THIS!

The author still tears up when he watches this … because it’s real … and it’s based on the perception of unfairness.  This perception has swept across America. This perception has negatively bled into the justice system because Americans are distraught with the idea that “fairness” even exists.  This perception didn’t start with the George Floyds of America either.  It began when people stopped paying attention to learning what the law is and instead simply focusing on their own individual comfort zones.

Oppression comes in many forms … 

These days, when police pull someone over, whether they possess even one racist thought in their brain or not, they’re being stereotyped because of perception that: (1) all cops are bad including the cop who pulled you over; and (2) it’s okay to pop a cop.  That’s an eye for an eye mentality and that’s part of the perception of what “justice” is nowadays.  But the reality is, the cops are just doing their job and enforcing the law.  Albeit, a lot of pre-screening and personality testing needs to go into who gets accepted into police academies to ensure that racist profiling is minimized based on negative stereotypical perceptions that have bled into the mainstream.  However, on the back end of the equation, when you have minorities teaching their kids not to trust cops because they’re all bad, all white cops hate black people and that cops are society’s forms of oppression, you’ve set the stage for national calamity.  This is why cops are now wearing body cameras, to protect you from unfairness and to protect them from unforeseen and unintended consequences that result from negative stereotypical behaviors.  Black people are not the only race to be harassed by cops, yet the perception tends to sway in their favor, regardless of the statistical data that there is ten times more black-on-white crime than white-on-black crime.  Again, this is the stereotypical perception that has caused a major societal upheaval.  None of this will change until people start understanding HOW the justice system works and that people of every race, creed and color have access to their day in court.  It all starts with understanding the laws that govern the behavior of America’s court systems and those who enforce the law.

When protests turn into riots, just the opposite is true.  The herd mentality turns into the mob mentality and that’s where anarchy begins.  Anarchists are diametrically opposed to both socialism and capitalism because anarchy is rooted in mob rule and total lawlessness.  That ideology in of itself, is oppressive because it forces those citizens who are peaceful and God-fearing to have to defend themselves if they want to survive.

The Black Lives Matter movement began in 2013 with the Trayvon Martin killing by George Zimmerman, who was acquitted because a Florida jury was convinced he was defending himself and used justifiable force to stop Martin’s attack on his person.  This is part of the Stand Your Ground law in Florida that many folks just don’t get because it leaves doors open for abuse.  This is why juries have to decide what the intent was of the person committing the assault and the intent of the person defending against the assault.  If the circumstances were indeed as Zimmerman portrayed them, what was he supposed to have done?  Let Martin beat him to death?  Would the black community rail against Martin for killing a white man?  Probably not.  And why is that?  Because the oppressed had the opportunity to become the oppressor and that’s allowed, right?  Martin Luther King, Jr. would be turning over in his grave at that thought.

So, we should all support the idea of breaking into stores and looting them of Gucci handbags and other high-dollar items because frankly, the oppressed have to eat, right?  If anyone gets in our way while we’re stealing merchandise, then it’s okay to beat them to a pulp too, right?  This is the mentality that is on display and the media caters to it through its play-by-play, “if it bleeds, it leads” coverage.  The author here is specifically calling out CNN (his acronym for Communist News Network) for its coverage of the various Blue State riots, where anarchy appears to be tolerated.  The question remains, how long will the average, law-abiding Citizen tolerate this before all hell breaks loose and those with arms start exercising lethal force against their oppressors without regard to the justice system and its consequences?

The “justice” that needs undoing …

Then there’s the perception of the “kangaroo court” system in this country, which many deem acts more like a star chamber inquisition, run by a bunch of control freaks who like to play God, exerting their whims over the common man and his property … a system that local sheriff’s kowtow to at the whim of a judge, potentially increasing the exposure to an already volatile liability scenario albeit misplaced due to the illicit deeds of cops who have been corrupted.  This is where the saying, “If you don’t know your rights, you don’t have any” comes to mind, because without the law and its set of rules and mandates, you cannot expect to survive in today’s courts, especially dealing with foreclosures. It’s bad enough that eviction courts are going to be back in full swing when the government finally declares the COVID-19 crisis (which in of itself is questionable) to be “over”, but the tide of foreclosures is starting to shrink back into the water like what happens when a tsunami is about to hit a shoreline.  Right now, folks allegedly in default are attempting to negotiate something with their lenders to stay put while others have capitulated and moved away.

HOW TO STEAL PEOPLE’S HOMES FOR FUN AND PROFIT!

This was a rather brusque statement was sounded out by Austin, Texas foreclosure defense attorney Bill Gammon in a meeting of attorneys that used to get together once a month to discuss case law and issues resulting from the illicit taking of area residents’ homes. Gawd … that’s the one thing this author especially misses about Austin … attending those meetings and discussing research with these learned men and women who have been fighting in the trenches trying to save homes and have had to run into the typical Texas judge’s mindset about who’s entitled to what … “Why should the homeowner get a free house?”  Mr. Gammon was referring to a meeting he attended “on the down low” where attorneys were discussing their methodologies in network fashion as to how to persuade judges to hand over the houses to their clients through by whatever means possible, including dummy paperwork (assignments), which they knew or should have known was criminal to begin with.

Most of the folks who have made the decision to fight the banks are … well … they have at least increased their odds of staying put to 50/50 instead of nothing, simply by “getting in the game”.  This is not to say that they’re wanting a free house.  They just want “justice”.  They want vindication.  They want a judge to realize (as many judges in the Southern District of New York do, especially on the state level) the illicit behaviors regarding the positioning of securitized mortgage loans and what dummy paperwork had to be created in order to make the “other side’s” foreclosure efforts look plausible to the courts.  There doesn’t seem to be much interest by law enforcement to investigate these misdeeds in 99.9% of the country, which is another reason people don’t trust the justice system.  If this bunch of DA’s only knew that most states have government codes that allow them to raise money to investigate white collar crimes, especially those embedded in California’s Government Code … and weren’t so politically motivated to stay in office, they might actually prosecute a few of these dirty paper cases.  The government codes allow counties to raise recording fees to fund “dirty paper law enforcement”. Sixty percent of those increased fees go to law enforcement’s “white collar crime” divisions, so they could do more than just bust NSF check writers, while the rest goes to the Clerk’s office to pay for the increased surveillance of the “dirty paper” (renegade assignments drafted and recorded by the banks’ servicers, with the intent to make a judge believe they’re in the right), so the court will grant them summary judgment.

One of our guest lecturers that is going to be in the Foreclosure Defense 101 Workshop is a Florida notary who has been fighting his foreclosure in the courts for over 12 years.  He’s going to describe the crap he’s had to confront in the Florida courts, including intimidation by court bailiffs, deputies and judges and the bullshit shenanigans the other side’s attorneys pulled on him, in an effort to educate you as to the potential traps contained within “the snake pit”.   If you can turn yourself into a mongoose, you’ll survive and come out ahead, at least to give yourself enough time to execute on a Plan B if all else fails.

The idea is to buy time …

You may be successful in defeating your adversary if you play your cards right.  Another mindset you may want to consider is your equity position and whether it’s worth fighting for.  This is part of your Plan B.  This is one of the reasons why we decided to put the Foreclosure Defense 101 Workshop into a 4-hour block, instead of two or three days, because there’s a lot to digest in 4 hours (let alone an even longer period) … and we’re going to give you the research to deal with this scenario in the online workshop, which you can attend in the privacy of the home you may be about to lose.  We will have more info posted soon on the Clouded Titles website, so you can sign up online and get your own private invitation to learn the tactics attorneys use to keep their clients in their homes for 2 years or more!

It doesn’t matter what happens on November 3rd.  What matters is how YOU survive and how long YOU want to play in the game while YOU execute on your exit strategy, no matter what that might be. This workshop will give you a lot of “necessary answers” and hopefully, the desired results.  Stay tuned!

 

 

 

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Filed under BREAKING NEWS, OP-ED, Securitization Issues

THE OCC IS NOT YOUR FRIEND!

(BREAKING NEWS – OP-ED) — The author of this post shares this vital information with the intent that it be acted upon by all homeowners immediately!  The information being shared is the “breaking news” and the author’s comments about it reflect the op-ed portion … all for your educational purview and not legal advice! This should raise alarms to all who have a mortgage or deed of trust on their property anywhere in the United States … it is pertinent information that could be “dangerous to your wallet” AND your future! 

TALK ABOUT THE BIG BU-FU ON ALL MORTGAGORS/TRUSTORS!  OMG! 

(WASHINGTON, D.C.) — It’s bureaucratic creep at its finest folks!  The Office of the Comptroller of the Currency is using the COVID-19 and the civil unrest and political infighting to sneak in a proposed rule … wait’ll you see it in detail (HERE): nr-occ-2020-97a 

PLEASE SAVE THE FOREGOING TO YOUR DESKTOP AND READ ITS 20 PAGES CAREFULLY! 

Here’s the synopsis of what it says …

Hat tip to Living Lies Blog for the info!

This is one more reason to avoid entering into MERS-originated mortgages and deeds of trust! 

Using the “true lender” crap that the OCC is trying to promulgate, this is just another way to play “cloak and dagger” with the named “Lender” on any originating loan paperwork (mortgage or deed of trust).  It’s bad enough that when securitization started (after Slick Willie signed off on the Gramm-Leach-Bliley Act) post-1999, the Glass-Steagall Act was repealed, which allowed banks to play around in the secondary securities and mortgage markets … it’s quite another that NOW, the federal agency that oversees the banks is opting to change the meaning of “Lender” to anyone who wants to draft up a bogus assignment (which has been going on now for over two decades) and record it in the land records and take a homeowner to court, legally get away with lying to a judge that it’s the Real McCoy (as to where the money that funded the borrower’s loan came from) and steal more American homes “hook or by crook”.

FORCED RE-FINANCING! 

If this definition becomes the law of the land, it will force borrowers to re-finance their properties to get away from these securitized portfolios.  But it doesn’t stop there.

How do you know that the securitized trust or any “true lender” named in any legal document is the real party in interest with the right to enforce a note that may have been lost or stolen.  Any “true lender” can dig up MERS-originated loans floating around in the MERS System® that haven’t been acted upon and foreclose on them (because no one else is doing it) and get away with it before anyone is the wiser!

One shred of opportunity exists here, especially if you’ve been able to keep making your payments on your home(s) … and the author posits this with caveats (as to what this author would do in the event he were to find himself in your predicament):

  1. Go to a credit union or bank that is NOT a member or subscriber of the MERS System® and refinance the existing mortgage and get it away from and out of the securitization process.
  2. Once the “satisfaction” or “deed of reconveyance” has been recorded in the courthouse, get one office copy and one certified copy and challenge it through a C & E action (cancellation and expungement action); and
  3. Take the certified copy to the nearest law enforcement agency and get a case number to put into the pleadings of the C & E, identifying the fact that a felony has been committed in the land records and you want it investigated and prosecuted.

If a judge has become aware that a criminal complaint has been filed with local law enforcement, how then can he or she act to cancel and expunge the document without granting discovery to determine if a false statement was recorded in the land records, which in turn screwed up your chain of title?

How can a judge aid and abet a felony without themselves being the target of 18 USC 4?

How do you know your identity wasn’t stolen as part of the assignment of your current mortgage loan?

If a “true lender” orders the mortgage loan servicer to “create” (manufacture) an assignment out of thin air and causes it to be recorded in the public record, what method will you use to challenge false and misrepresentative statements contained within that document?

NO MORE GOING INTO COURT AND WAVING THE DAMNED ASSIGNMENT AROUND, CALLING IT A FRAUDULENT DOCUMENT! 

You need proof that the statements contained within the document were false!  Being named within the assignment as the “true lender” doesn’t change the fact that the information may still be false and misrepresentative, which constitutes a felony in damned near all 50 states.  No judge will listen to you unless you have your facts straight and take the emotion out of your argument!   Here’s where you have to either: (a.) put your thinking cap on; or (b.) move out of your home and live in a tent city.

This author is sure most of you reading this blog are of the mindset to fight. See another option below.

This is another reason why Al West further developed the Cancellation and Expungement Action as a means of squaring up with the Lender.  Now imagine having a mortgage loan servicer’s employees have to answer discovery (or even better yet, a deposition) as to what authority that they possessed at the time they executed a release of the lien on the previously-securitized loan, when in fact, they don’t really represent “the true lender”?   If the OCC gets away with this rule change, any lender will come into court, claim they are the “true lender”, with no further proof needed.  The only way you’re possibly going to be able to get a legal conclusion is to attack the phony paperwork recorded in the public record.

The powers-that-be will inevitably come up with some reasoning (probably this fall, 2020) for you to refinance your loan.  Mortgage loan officers will be lining up to make those commissions so if you’re going to do this the right way, why allow them to securitize your paper?

ANOTHER OPTION

OPTION #1: If you do not have the money to do a C & E action, the next concern would be what to do in the alternative:

  1. Call your congressperson and complain about this proposed rule and tell them to squash it like a bug!
  2. Tell your congressperson you know about the true cause and effects of the repeal of the Glass-Steagall Act and tell them you want them to reinstate it!

OPTION #2: If you have any kind of equity in your home, sizable enough to downsize, THIS is the time to do it!

  1. Like the Steve Miller Band song goes, “Take the money and run!”   Get away from the major cities and move to safer, kindler more gentler communities where gun-toting, 2nd Amendment advocates live that believe in the Constitutional freedoms we all know and love … because
  2. In November, an uncertain political climate may overtake America, rife with voter fraud, claims of voter fraud, demands for recounts and more violence (if your guy doesn’t get elected).

We cannot live in uncertainty.  Uncertainty doesn’t pay the bills.  Living high on the hog when you can plainly see that your options may be dwindling would not be frugal.  Using your equity to “get out of the rat race” created by the “oppressed” who will become the “oppressors” is the only way to secure a safe future for you and your family (unless in the alternative, you like firefights).

The real estate market in many communities is demonstrating that it’s a “sellers’ market”.  THIS is the time to cash out on your equity and downsize to more affordable housing.  In the area this author is in, the average listing sells in less than 60 days (if your home is priced right and market conditions dictate you can actually take equity out as a means of re-inventing yourself).

OPTION #3: PLAN B

Do you have one?

Here’s another thought … if you aren’t sick … why go to a COVID-19 testing center and have them stick a foreign antibody from a test kit up your nose?

This is another excuse to drive the scare into the public to blame someone for the virus.  Blame the Chinese Communist Party.  They did a great job in covering up the spread of something they themselves had a hand in creating.  Further, blame the National Institutes of Health and the Obama Administration for giving the Wuhan Lab 3.7-million dollars to “create” a virus out of existing viruses that contain HIV (the key component in AIDS) and malaria.  See the following post:

Nobel Laureate Calls COVID-19 Manmade

Don’t say we didn’t warn you that the “science” of this whole thing was going to come back to bite certain advocates of the vaccine in the ass.

Share this with your friends and tell them to reach out to Congress to STOP this madness by the OCC! 

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Filed under BREAKING NEWS, OP-ED, Securitization Issues