Tag Archives: securitization

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

WHEN THE NEXT “CRASH” HAPPENS …

(BREAKING NEWS – OP-ED) — The author of this post is republishing a video done by Greg Hunter with Ellen Brown (an attorney and an advocate for public banking) who I have been on the air with.

Take away from this video as you wish, but one of my readers who alerted me to it got the chills when she saw it because Brown’s comments align with several other sources who are confirming the same thing.  Watch the video (22:21) and do the math:

ELLEN BROWN

MY THOUGHT PROCESS … IT’S NOT “DOOM AND GLOOM” … YET!

There is no doubt that this current “crisis” we’re in has us all in a state of confusion as to what to expect for a final outcome.  This is why I spend a lot of time doing research and talking to people about likely scenarios in the event of a cyclical crash. The last major one was in 2008 and between 2009 and the beginning of 2015, there was a huge collateral grab of over 10-million homes in America.

Everything that has happened since 1999 (when the Glass-Steagall Act was repealed) has led up to this mess (where we are now).  Even if we recovered from the 2008 debacle, there is more to come because all of Congress (the folks you put your faith in that keep making promises that your future will be better) has done is “kick the can down the road”.  Congress keeps spending money … and spending money … and spending money … money it doesn’t have.  They borrow it … and borrow it … and borrow it … and the merry-go-round has to stop sometime.

Congress allowed the banks back into the securities markets and Bill Clinton signed off on it.  So the next time you put your faith in your elected leaders, let’s bring this “home to mama”.  Brown makes a statement after being asked to predict when the next crash would happen and made reference to 2015 and her interviewer mentions Barack Obama, which means this video could be a prediction of at least our worst fears of things to come (as it was recorded some time before 2015).

This is a big gamble for over half of U.S. consumers.  There is no argument that we have a fractionalized banking system that gambles with virtual, fiat money on ratios that are (IMHO) way too far outside of what I’d consider smart banking. The FDIC, a corporation which insures every depositor’s account up to $250,000, does not have the reserves to cover all of the depositors’ money, which basically implies that we could be facing what happened in the Great Depression and in Cyprus in 2012.

Every time there’s a crisis (and you can’t argue with me here), everyone demands that our government “do something” to “fix it”.

Fix what?  

We have been conditioned to believe that in order to “fix” things, we just throw money at whatever crisis comes our way and make it stop.  Unfortunately, with the undisciplined behavior continuing to plague America (more than just essential travelers that continue to migrate about for non-essential behaviors), this current “crisis” (based in more than just a common cold thanks to China) is several months from being “over” enough to safely come out of our homes and there’s still no guarantee that it won’t fester up again (into another pandemic). We will still have to think “social distancing” when we’re out and about and most of us will have learned to make our own hand sanitizer and face masks by then.  For at least the next year, plan on making those two things or getting a supply of them at the ready.  One of the conditions we will face is limiting our travel and public exposure.

Congress passed the stimulus package ($2-trillion) and loaded it up with pork (and we let them get away with it).  

If the average person on the street asked where the money was going to come from, they’d have no idea because most of America does not understand finance and derivatives.  They may teach this stuff to MBA’s in college, but the average “Joe” has to learn by experience.  In the last “crash”, over 10-million families were displaced.  Investors were displaced. The economy was upset to the point where tens of billions of taxpayer dollars were “thrown at” THAT crisis in order to make it go away.

This corona-crisis was not of our own doing. However, the same results occurred.  Many of you think this is another “stab” at population control.  But most of you wanted the government to do something. right?  That’s the “conditioning” I’m talking about here. You point fingers and assess blame at everyone and everything, no matter what.  This is where our two-party system has failed us.

After 9-11, another crisis which many think was manufactured as a “false flag” by our own government, we all bleated that we wanted to be more “secure” and the government gave us the USA Patriot Act (without reading it before they passed it).  When a crisis occurs, people think Congress can fix whatever ails the country.  As you will learn in this lifetime (I believe), this Congress cannot fix a Cypriot-style bank raid.

Running to your banks right now and draining all of your money out of it (bank runs) will only precipitate more panic. Having one-month’s worth of funds in your account in M2 (checking) to pay your bills (as Ellen Brown recommends in the video) is only smart because we live in a system we allowed to be created by Congress.  Congress repealed the Glass-Steagall Act and made our futures even more riskier than it was before the Great Depression because we didn’t have the size of population then that we have now.  If and when a panic of this magnitude should occur, it is likely that people will be blowing up Congress’ phone lines demanding an immediate emergency resolution from the very banks that cleaned out our life savings.  However, Congress is the entity that passed the Federal Reserve Act in 1913 and allowed private banking entities to control our economy using a fractionalized, fiat system of “legal tender”.  Ever since then, this country has been plagued by cyclical crashes.

There is not enough “cash” (M1) in circulation to cover this nation’s debt.  M1 (currency) is issued by the U.S. Treasury in the form of a “Federal Reserve Note”.  What is a note?  (a promise to pay)

Pay when? 

When the American consumer loses faith in the banking system in this country and loses faith in the dollar, everyone will realize what “they’re on the hook for”.  American consumers who have money in banks are at risk.  They always have been.  Did you read the checking account rules when you opened your account?  All deposits become the property of the bank.  That means if the bank closes, you lose what you have on deposit. This is why we should never keep more than one month’s worth of debt obligations in our checking accounts at any given moment.  Those who are living hand to mouth will not feel a “cash drain” as much as those who have large amounts of money stashed in multiple accounts in the banking system.

If you’ve read the FDIC’s rules, it may insure up to $250,000 of each deposit account, but it doesn’t have to reimburse you every penny you lost right away.  In fact, with the hordes of consumers demanding their money, it’s likely you’ll be getting checks for $1 a month until you die or your deposits get reimbursed, whichever comes first. Some system of things we’ve allowed Congress to create for us, huh?

Many of us utilize M3 (credit cards) because banks can create credit card funding by securitizing all of the credit card accounts into derivatives. Those of us who maintain high credit card balances will naturally have a lower credit score because they put those derivatives at risk.  Those who use their credit cards responsibly have higher credit scores because they put the derivatives at less risk, especially when they pay more than the minimum payment every month.  Going all out in M3 when a crash occurs doesn’t hurt you directly because the derivatives are going to take the hit.  The investment markets will take the hit instead.  The insurance companies who have to bail them out when you don’t pay your credit card debts (because you’ve got no money to pay them with after the banks close) will also go broke because, like the 2008 crash, the insurance companies got caught in a derivatives “squeeze play”.

Bottom line here … those who are living on M3 right now are actually in a better financial position to survive this crisis because of fractionalized banking working in reverse.  We can always recover from credit extensions because we have bankruptcy courts that can deal with our “excesses”.  We can’t recover if all of our cash reserves are suddenly “seized” by the banks in order to “prop themselves up” during a crash.

Do we know WHEN the next crash will occur?   Nope.  But we know that crashes are cyclical and that another “crash” in coming, largely in part due to this current “crisis”.

What does China have to gain by “poisoning” America?

I can already anticipate a serious trade deficit if not a full embargo from the U.S. government.  Why would we continue to trade with the enemy?  Wouldn’t that violate a whole host of U.S. criminal codes?

I think most everyone agrees that China unleashed a “controlled viral scenario” on its people (as a test of what it could do to the rest of the world) … and contained them (to contain the spread to its own populations) while sending asymptomatic travelers packing to all points throughout the world, where they spread the virus, without informing the world of the harm it would be soon facing, in time enough for the rest of the world to shut it down effectively.  Imagine what would have happened had we had no warning at all?  The warning we got was two weeks late! Thank God it wasn’t two months late!

The problem we have with this “crisis” is that Americans refuse to let a “cold” interfere with their daily ritualistic “tasks” they are so accustomed to performing.  We are conditioned to the point where once that “comfort zone” is upset, we “lose our shit”.  We are not conditioned to “stay put” for long periods of time.  There is not enough law enforcement to control the flow of travelers who might be asymptomatic. Most of the public knows this.  There are not enough jails and concentration camps to hold all of the violators.  Thus, the government has to enlist our cooperation by being “good Americans” and staying home and tolerating this crisis.

There comes a point in time in everyone’s life when serious rationale has to kick in …

Call it Darwinism (survival of the fittest) … call it a “life change” … call it whatever you want. The state of affairs in this crisis is worsening because we are not doing enough to “contain it”.  We keep demanding of government and not of ourselves.  Our forefathers had to demand of themselves, otherwise, they wouldn’t have survived long enough to pro-create … and this is where we are today.

With this latest “crisis”, it appears that the bond markets in America have been “nationalized” by the Fed.  This too is a reality check because the Fed bought up municipal bonds, junk bonds and corporate bonds and treasury certificates.  It’s kind of like collateral to “cover the spread” of the amount of debt it just had to create (virtual debt rooted in M3) “out of thin air” (on paper) by an Act of Congress.

People where I live (in Florida) are now preparing for hurricane season.  So we’re in for a double whammy if a major storms hits us.  We would have-not only a corona-crisis but add to that a severe storm crisis, which could potentially displace a lot more than just the virally sick being cared for in hospitals.  Anything the likes of Hurricane Katrina anywhere in the U.S. could put an entire segment of the population (think of what happened in New Orleans’s 9th Ward) through a major catastrophe to the point where civil unrest is all but certain because people will be too distraught to sanely rationalize anything else but survival even if it means killing someone else for food, water or shelter.

Spend time looking at the entire scenario surrounding Hurricane Katrina.  Like this crisis, the government took too long to respond. With the lack of timely response, everyone is now pointing fingers again, starting with the media who is “creating controversy” and “fake news” to polarize America far worse than what the attempted “impeachment” crisis did.

The amount of casualties surpassed 9-11.  A lot of New Orleans law enforcement “bugged out” with their families (i.e., “Screw this! I’m not sticking around here and getting killed by this storm!”) and left the city with lack of safety support.  The Superdome turned into a rape center of feces and corruption.  Mercenaries had to be brought in to quell civil unrest.  People were shot to death.  Deal with that in your neighborhood.

If this worst-case scenario were to play out … the banks close … you lose all your money … you have no real “reserves” at home to pay for immediate needs with … your food supplies run out and the grocery store shelves are empty (toilet paper will be the least of your concerns) … your utilities get shut off … you start getting default notices from your bank on your mortgage … your insurance company denies your damage claim from a storm and you’re displaced all because you couldn’t pay your premium … are you prepared to deal with that?

Over 60% of Americans are not!

Just look at the current crisis and see how you’re holding up.  Now factor in the variables I just talked about in the last paragraph and re-evaluate your scenario.

We as Americans can no longer afford to “kick the can down the road”.  This will come back to bite us … and it will hurt. Take whatever precautions you can and be “the responsible one”.

The life you save may be your own.

BTW … HAPPY EASTER!

 

 

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WILL THERE BE AN UPTICK IN FORECLOSURES ONCE THE CORONA-CRISIS IS OVER?

(OP-ED) — The author of this post is a consultant to attorneys on foreclosure and chain of title matters and none of the following opinions should be constituted as legal advice or seek to guarantee a legal outcome. It posits what this author sees as what is to come.  It may not be the “whole new way of life” everyone thinks is going to take place due to this pandemic. 

This post is not for the faint of heart nor is it designed to make you more paranoid than most of you probably already are.  It is designed to impart some common sense rationality into dealing with the post-traumatic issues of what we collectively are all perceiving as a “crisis”.

Some of us think this whole thing is overblown.  The majority however have unknowingly allowed the “crisis” to replace common sense with survival fear … and rightly so.  It’s one thing to think that the coronavirus was just going to stay put in China when in fact, we have such an upwardly mobile society that everyone has been instilled with traveling to different parts of the world, be it on a plane, on a cruise, whatever … no one expected this would hit America and I believe we were all duped as to the “numbers” and the “purpose” for COVID-19.

Here are some interesting “takes” I’ve picked up on over the last couple of weeks …

  1. Chinese-Americans who are loyal to this country have stated to me that China well understated the numbers of dead and infected as the result of the viral spread there.
  2. The understatement was intentional, to lull us all (and I mean the World Health Organization (WHO) and the countries affected by the virus, including America) into a false sense of security so we would continue to go on about our daily lives as if this virus really didn’t matter.
  3. Knowing that we were already embroiled in political turmoil in this country, we’ve been “played” by the Chinese in a further effort to destroy the credibility of many of our elected leaders and further create political dissension in our every day lives.
  4. Most of the world was not medically ready for another pandemic.  If WHO was really concerned with the spread of this virus, it should have reacted more quickly when it was observed that the virus was spreading outside of China’s borders.
  5. We can all point fingers at our government for being “reactive”, because that is how our government has always been … reactive instead of proactive.  We weren’t ready for the virus when it hit our shores and we sure as hell aren’t ready for it now.
  6. Our medical systems in this country rely too much on non-essential and boutique surgeries and were not ready to deal with massive shortages in critical care supplies and labor.
  7. Our government’s medical “advisories” and social “responsibilities” were lacking in keeping its undisciplined citizenry safe from each other, allowing for Darwinistic opportunities to avail themselves upon an unsuspecting public.
  8. Instead of heading off the pandemic “at the pass”, state and local governments were slow to react to contain the virus and identify the “vectors”, which is what South Korea did when it first became aware of the invasion of the virus.
  9. The saving grace was that most state governments went above and beyond the federal measures enacted to stop evictions and foreclosures during the coronavirus outbreak.
  10. The not-so-saving grace is what happens after the fallout rears its ugly head, the supply chain breaks down in certain quarters and the economy can’t put enough people back to work fast enough to recover from the shock the country took in the 30-60 “stay in place” periods.

This is where thinks get “quirky”.

As was explained in some “insider” memorandums which I managed to retrieve through my back channels, the mortgage loan servicers (especially on these MERS-originated mortgages) have to pay advances on the distribution dates to the investors who funded the loans through the various REMICs (Real Estate Mortgage Investment Conduits).

There were (at last count) roughly 6.6-million people that applied for unemployment benefits, despite the economic “stimulus” package.  In my twisted mind, this is like getting a hand job by a hooker, wherein the “wham bam” happens and then you realize the relief was only temporary and you’re right back at the stress level you started from before “the act” happened.

The mortgage loan servicers who handle the payments to the REMICs (the advance payments of principal and interest on every securitized loan) every month on the distribution date, have to pay those advance payments whether borrowers make those payments or not.  I hope you got that.  No matter (during this crisis) whether you made your monthly mortgage payment or not, you are NOT in default because the servicer has been making your payments anyway.  They just won’t tell you that.

The problem becomes worse however when the servicers have to make these payments regularly over time, believing that they can collect the the past due payments from the borrowers (who are out of work or close to being out of work or short on funds) who are wanting a forbearance on their mortgage loans.  This means the servicers would have to consider putting the payments (including interest) on the back end of the loan.  This means that for those of you who (for example) were on “Payment 22” of your amortization chart on a 30-year fixed rate loan, you’re asking for Payments 22, 23 and 24 (plus interest) to be put on the back end of your loan, which is compounding interest upon principal upon interest.  Let’s face it, most Americans do NOT have the reserves to make the mortgage payments past one month, which is why they had to borrow the money to buy the home in the first place.

Now the mortgage loan servicers are stressed financially because the payments have to be paid into the securitized trust pool every month, regardless of the borrowers’ circumstances.  The servicers may be forced into “having to rob Peter to pay Paul”, which means the servicers will borrow from escrow accounts all over their servicing network of mortgages, in the hopes that they’ll be able to repay those escrow accounts back over time.  The problem is, when that doesn’t happen (and even at the time funds were borrowed from escrows), there is still a shortage in the escrow accounts that the servicers borrowed from to pay the REMICs their monthly payments to.  A prolonged period of these payments (6-9 months; if this crisis were to continue) would put the servicers in jeopardy.

Fast forward to the end of the corona-crisis … 

The mortgage loan servicers are out of pocket all of the advance payments they had to pay during the crisis, which means they’re going to be on an all-out campaign to try and recover as much of the shortfalls as possible to reimburse all of the escrows they borrowed from to keep everything looking “current” on the books (this is why servicers get in trouble).  This is one of the reasons why Ocwen got into trouble and ended up having to sell $600-million in securities to bolster its “advance” payment funds to investors.  That’s like chasing a large, lump-sum credit card payment, making minimum payments every month.  The debts just never seem to get paid off.  Most borrowers can understand that.  Now, factor that into a much larger scale.

By now, you’re beginning to see the “crisis” occurring within the ranks of the mortgage loan servicers.  They will be reluctant to do loan mods because that means more perks for the borrowers. Extensions the servicers really aren’t interested in “affording” because they’re already swimming in borrowed time.

Couple that with the borrower’s payment history of already-missed payments BEFORE the crisis was declared and you’ve just dumped gasoline on the already burning flame.  My suggestions here, which are simple to ascertain and follow:

  1. During the crisis, check your land records EVERY WEEK to see whether or not the servicer has “manufactured” any assignments using MERS (Mortgage Electronic Registration Systems, Inc.) as a means to assign, transfer or convey a mortgage loan into a REMIC trust in anticipation of having to do a foreclosure.
  2. If the assignment was done BEFORE the foreclosure and you’ve already become aware of it, use this opportunity to research your chain of title and see whether or not the information contained within the assignment is false and misrepresentative.
  3. Look up the state statutes to see what felonies were committed by asserting the false and misrepresentative information into the assignment, which was subsequently recorded into the public record and begin to document all aspects of it (who created the assignment, who executed the assignment, who notarized the assignment, who are the parties named in the assignment, who caused it to be recorded, etc.) for reference.
  4. DO NOT attempt to contact any of the parties creating the allegedly-bogus assignment. This is like tipping your hand in a high-stakes poker game.  I cannot stress that enough (as a consultant to foreclosure cases).  Telling the other side of your game plan is going to jeopardize your chances for recovery down the road.  What is important is to gather as much information as possible about all of the parties mentioned within the assignment without contacting them directly.  (There will be plenty of time for that in court-controlled discovery).
  5. Obtain a certified copy of your REMIC from the United States Securities and Exchange Commission while the ink is still fresh and you can take advantage of the time lapse created by the corona-crisis which allows you some advantage in preparing a suit for cancelling and expunging the suspect assignment.

For those of you that don’t get the “gist” of attacking documents, I have a kit available (in limited supply) online at CloudedTitles.com/shopThe C&E on Steroids!   This will give you a blueprint as to how to successfully challenge the phony documents in the land records.   It’s an 8-DVD video set plus a book containing the information you’ll need to arm yourself for the upcoming “fight” I think many of you are going to be involved in.

Why is this important?   If you’re facing foreclosure, even before the crisis, this moratorium will give you time to: (a.) think about Plan B; and (b.) act on that plan.  Even the 60-day window, which has already started ticking (courtesy of the federal government and extended by various state governments) will give you enough time to get your case files together, analyze them and more forward with retaining counsel (if you haven’t already) to “fight the good fight” because the corona-crisis itself was just not enough … we’ll be seeing another wave of foreclosures when it’s over because when it comes to reimbursement of an already-depleted money supply, the servicers (who are tasked with stealing the home) will stop at nothing to take your home away from you … and sadly, the government won’t be there to bail you out.

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REMEMBER WHO THE ENEMY IS …

(BREAKING NEWS) — The author of this post is issuing this update to give you a bit more incentive to participate in the upcoming online COTA Workshop.  The information presented here is for educational purposes only; however, it’s based on years of research by this author and through discussions with attorneys who have utilized this material to their benefit. 

For those of you who are being exposed to COTA (an acronym for Chain Of Title Assessment) for the first time, or wish to intensify the study into the COTA for future use in helping others (and making a sideline income from your knowledge you’ve obtained here), let’s briefly delve into what the chain of title is and how the COTA differs from a simple “title report” issued by today’s title companies across America.

(1) Assists in identifying all known potential claimants to property

It doesn’t matter whether you’re buying a home for the first time or putting your faith in a landlord who claims to own the home he’s renting to you, it pays to understand “who’s on title”. In this day and age, more and more issues of fraudulent transfer and assignments of lien have permeated hundreds of thousands of land records, if not by crooks attempting to commit identity theft by recording false deeds, but by the very banks and secondary players “in the game” that created assignments out of thin air and caused them to be placed into the public record, all since the 2008 financial collapse!  Simply looking at the deed to a piece of property isn’t enough. The aftermath that followed the collapse (2009-2015) has been proven by this author and others to have been one giant scheme to steal property across America by some very unscrupulous sponsor-sellers on Wall Street using phony documents to get their way.  If you or this author ever attempted to do what the banks did, we’d be in jail, because the government is in bed with the banks!  The COTA helps you to identify those person(s) who say they have an interest in the property, whether by claim of ownership or by lien interest.

(2) Assists in identifying potential unknown intervening assignees

Many do not recognize the word “mesne”.  It’s pronounced “mine”.  It’s a legal term that means unidentified players within the chain of title and these players became unknown “assignees” through the use of an electronic database called Mortgage Electronic Registration Systems, Inc. (or “MERS”).  If you’ve read Clouded Titles, you know that MERS is currently operating under its third incorporated version, taken over in October of 2018 by the same corporate outfit that owns the New York Stock Exchange, ICE (an acronym for Intercontinental Exchange, Inc.). The mesne assignees entered the chain of title to millions of pieces of property through the use of the MERS System®.  This workshop will teach you the fundamentals of how securitization operates and just how the silent invasion of millions of phony documents entered the public recording system. It’s knowledge that has cost over 10-million Americans their homes because they didn’t have that knowledge when they took out their mortgage loans way back when.  If this workshop could save you tens of thousands of dollars in mistakes, wouldn’t that be worth it?

(3) Assists in identifying abuse to the title by lien holders & clients 

It goes without saying that millions of Americans have fallen prey to the scheme of obfuscation within the chain of title by parties that all of a sudden “claimed” an interest in any given piece of property in America simply by creating an assignment of mortgage (or deed of trust) with the intention of giving the recorded instrument legal effect for the purposes of foreclosure.  The banks and the financial industry supporting the use of MERS then proceeded to infiltrate all 3,041 public records through the use of legislation, which more than likely came into being through the use of “monetary incentives” (i.e., “the best congress money can buy”) to get legislation passed to allow a “book entry system” to permeate the land records all across America through the use (and abuse) of documents that were vague and ambiguous, which this author first discussed in the very first COTA Workshop he ever taught, as a CLE to attorneys in Texas. Now you can have access to that same information, which could help you in making what could be life and death decisions!

(4) Assists in identifying potential causes of action for use in litigation

The one thing for certain in America is that these abuses within “the system of things” has made the greater percentage of the citizens in this country litigious in one way, shape or form. The remains of those who have been foreclosed upon in the past have paved the road with bad case law because they (and their attorneys) fought with bad information, information that was passed through the legal forums throughout America by attorneys who became part of a very widespread network of what are known as foreclosure mills.  Some have fallen by the wayside, while others have only gained in strength by setting case law in their favor before most Americans (who were foreclosure victims, and their lawyers) realized what kind of legal charade was being falsely portrayed within the judicial venues throughout this country.  This author is convinced that all of this was by design, to give these foreclosure mills lots of work and as one attorney this author knows put it, “How to steal people’s homes for fun and profit.”  Sadly, 97% of all affected homeowners cut and ran, leaving the system to its own devices.  Those who fought the banks and their servicers found out the hard way that claiming “fraud” costs money … more money than the average American homeowner anticipated spending to stay in their home. There’s a right way and a wrong way to understand “the game” … and you’ll learn that in this workshop!

(5) Establishes proof of ownership in the chain of title (deraignment)

Here’s a term (deraignment) that most people don’t understand the concept of.  In this workshop, the author is going to show you not only what this term means, but how it’s applied in law!

(6) Establishes parameters for given time periods of recordation (laches)

The doctrine of laches kind of works like a ticking clock.  Many Americans have been duped into believing that once they’ve found out that they were “screwed over” by the banks, they attempted to file lawsuits against the banks and MERS, something the banks were geared up in advance to wage a winning war against these unsuspecting homeowners and their attorneys, who soon found out that there were more ways of making money than by doing simple wills and estate planning.  Welcome to the understanding of what makes a foreclosure defense lawyer tick … your paycheck in his trust account!  Laches is further explained in the COTA Workshop … which can be taken via the internet right from your very own home computer.

(7) Establishes proper document recordation value (as to sequence)

It’s not just a recorded document that makes a difference … it’s how all of the documents in the chain of title interrelate to each other.  We’re going to go into detail by showing you case studies within the COTA Workshop so you can gain an understanding of how these abuses within the chain of title occurred and how the COTA is used to formulate litigation.

(8) Establishes proper evidence to identify potential problems with title

If you had a way to identify issues within your chain of title, wouldn’t that make your understanding of future litigation more practical?  This is why so many attorneys across America have read Clouded Titles. In fact, this book (written by the author who is teaching this online COTA Workshop) was recommended to homeowners by U.S. Bankruptcy Court Trustees!  This means that the information contained within this book (and this author’s subsequent teachings) was very quickly picked up by “the system” and integrated into its database of legal knowledge.  As a bonus … for those of you taking the online COTA Workshop … you’re going to receive a complimentary copy of this book that has gotten the attention of even the federal judiciary!  Suing for everything under the sun (including the kitchen sink) is a big waste of time and money.  This online COTA Workshop will teach you the basics of understanding what the aspects of litigation are and how you, as a past, present and future homeowner, can benefit from understanding the fundamental issues within chains of title that have been affected by the schemes perpetrated by the banks and their henchmen.  This goes way beyond what title companies will ever reveal … because the title companies are “in on it”!

(9) Raises potential legal issues based on research of statutory violations

This author has written other publications which explore the universe of legal claims based on violations of statute.  Your mission, should you decide to accept it, is to understand how and where to find this information … and the author will show you how in the online COTA Workshop!

(10) Raises potential legal issues based on unproven but evident fraud

Fraud! Fraud! Fraud!  That’s all this author hears homeowners bleat (like sheep to the slaughter).  Learn what the potential legal issues are without becoming a victim of them!  It’s a very expensive proposition … something this author knows could save you tens of thousands of dollars in legal fees just by your gaining an understanding of how you (as a homeowner) have been duped.

(11) Raises awareness of concern by the Preparer as to legal consideration

If you were going to help others (while making a living doing COTAs) avoid these same pitfalls, wouldn’t it be nice to know exactly HOW the author came to understand the fundamental concept of how the chain of title works?  Spending tens of thousands of dollars in litigation costs makes everyone but you (the homeowner) rich.  Why drop that big dime if you can possibly avoid it?  We’ll even be discussing quiet title and the use of declaratory judgment actions as a part of the common strategy to get to the truth of the matter involving chain of title!

(12) Raises the stakes of potential legal claims for damages

Out of these dozen reasons why you should consider taking this online COTA Workshop … if you had a clear and concise understanding of what you were up against and knew the real issues within your chain of title (or could research the chain of title for a prospective property you wish to acquire as a means of building equity), wouldn’t it be nice to know that once you’re all settled in, you’re not going to become a victim of foreclosure by some unscrupulous lender, based on those mesne assignees this author talked about in the beginning of this post?  If you knew which legal claims were more profitable than others, wouldn’t that be a good thing?

The online COTA Workshop begins February 1st (that’s this coming Saturday) … why not start out the New Year with a chunk of knowledge that can not only save you thousands of dollars in legal fees, but also give you the opportunity to make a decent living while helping others avoid the pitfalls that have cost millions of Americans dearly.

Click here to register to attend! 

In addition, if you missed something … after taking the online COTA Workshop … we’ll make these sessions available to you online so you can further your studies and pick up the nuggets you may have missed while attending the online COTA Workshop … all of which you can access FREE OF CHARGE, with your paid attendance to the workshop!

Plus, by attending the online COTA Workshop, you get a complimentary copy of the book Clouded Titles!

The webinar platform will give you a chance to ask questions at the Q&A breaks in the class too!  

Knowledge is power!

The clock is ticking … what are you waiting for?

A summons to appear in court or a notice of default?

Don’t be a victim!

Arm yourself with education!

Click here to register to attend! 

 

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