Tag Archives: state tort claims action

REAL ESTATE AGENCIES, TITLE COMPANIES GEAR UP FOR MASS FORECLOSURES … UPDATE!

(BREAKING NEWS, OP-ED) — The information being offered in this post is current as of October 21, 2020 as of 12 noon Eastern Daylight Time and should be considered as to reasons why the foreclosure crisis is imminent. Any opinions offered are the author’s and do not constitute the rendering of legal advice. This post is for educational purposes only.

UPDATE: The webinar was held by a spokesperson for the Fidelity National Title Group (FLORIDA) at 11:00 a.m. EDT. Here’s what came of it all:

(1) FNTG’s “Agent Advantage” presentation was appealing to agents to become REO “handlers” of properties that are likely to face foreclosure, especially after the 1st of January. Homeowners that are in default with government-backed loans are going to get 120 days notice prior to the acceleration of the note. Those who don’t cure their loans will find themselves in the middle of a foreclosure proceeding, whether in a judicial or non-judicial format.

(2) Despite the fact the webinar was geared more toward Florida foreclosures, there were several key items of importance … especially where the title company downplayed what might happen if an REO-type Realtor® were told by the bank to go inspect the property, either by drive-by and/or personal knock-knock … the spokesperson used the language, “they might let their pit bull loose” or something worse, without saying that the Realtor® might get their ass blown away by a pissed off homeowner with a shotgun that doesn’t feel like leaving because they’re scared they’ll get COVID-19.

(3) All of the asset management companies that went away because the last foreclosure crisis dried up are now going to start popping up again and the spokesperson gave several locations of where to find these scalawags when they manifest themselves.

(4) If you’re a tenant, the U.S. Government says you have to be given a 90-day notice to quit. In the alternative, the bank might let you ride out your lease as long as you pay the bank your rent money. Heck, you might even make the bank an offer and finance the property out of the foreclosure!

Part of the issue here is that due to the pending foreclosure crisis … and I believe (in the first person here) that you are being given sufficient warning to understand that there will be a crisis … it’s just a matter of WHEN … how can you liquidate properties that are actually insurable when the titles to most of these properties are clouded? (I could have used another more definitive expletive to describe title conditions but I won’t … you get the picture.)

I believe the investor community will come out in full force looking for bargain basement opportunities to score on what may turn out to be another rash of shadow inventory flooding the market. In order to meet these demands, real estate agents must know how to deal in Real Estate Owned (REO) properties and how to process them, whether it be through short sales or actual seizure by parties that might not be entitled to take them. To that end, real estate companies that handle REO properties are going to be looking to hire (retain) additional agents to handle this mess.

Further, title companies have to issue policies covering the defects in title if these REO’s are going to be liquidated. The problem is … they can’t … not without a Schedule B exception. This means if an investor acquires the property that has been taken “hook or by crook”, chances are he’s going to get a quit claim or special warranty deed that exempts the alleged “grantor” from all liability connected with the purchase of the home, which in essence means that the only thing the home can be used for is rental income, at least until enough time passes when a title company will insure that property. Whatever the case, it’s going to be a free for all in the REO market.

You can bet the banks won’t be the ones doing the foreclosing either. It will be their mortgage loan servicers, who have been paying all of these delinquent bills on behalf of the borrower to the investors of the REMICs and junk debt pools (like LSF9). These shysters will go to great lengths to make their stories plausible, the likes of which make for a great criminal complaint to the county sheriff.

CRIMINAL COMPLAINTS … FALLING ON DEAF EARS?

In my book, if your State has a criminal code or statute that says it’s illegal to record documents in the land records that contain patently false and misrepresentative information, then a criminal prosecution should result. The problem is, 99.9% of homeowners do not understand what their rights are when it comes to challenging criminal issues. Nope, it’s not a citizen’s arrest. It’s a citizens formal declaration to law enforcement that a crime has occurred and a demand to law enforcement to do something about it.

To my knowledge, dozens of complaints have been lodged with county sheriffs all over the U.S. and nothing is being done. Virtually none of these complaints is being investigated. The excuses?

“We don’t have the manpower to investigate white collar crime.”

“This looks to be more of a civil matter rather than a criminal one.”

“I don’t see any injured party here.”

I’ve heard these excuses directly from the mouths of sheriff’s investigators and district attorneys I’ve met with. Two detectives from Osceola County, Florida actually had the chutzpah to tell me that the items I stated in the Osceola County Forensic Examination were “victimless crimes”.

And California attorney Al West was sitting right there beside me and heard it all, in total shock and disbelief. His comment was, “You guys are way in over your head. This is way above your pay grade.”

This is why you have the power to attack the bonds of the sheriff and the district attorney if they refuse to investigate and prosecute your complaint. The bonding information can be acquired through the County Attorney, County Executive or the county’s Risk Manager. You simply complain to the bonding company that the county violated your due process rights regarding redress of grievances under the Constitution and get your 42 USC § 1983 paperwork in order. Start with obtaining the bonding agent’s name and complete contact information. It may take you all the way into the State’s very own risk pool (a big pool of money used to pay off indiscretions carried out by public officers against the injured) in the form of a Tort Claims Action.

Again, I recall a recent post where I posited two cases, one written by Hon. Amy Coney Barrett, where due process rights come into play if “the other side” uses dishonorable means to prosecute a case:

The other case was a ruling from the U. S. Supreme Court:

What’s just as bad is when a judge goes along with all of this bogus paperwork and thinks that he/she doesn’t have to answer for any defective paperwork, even after being put on notice by the court that he/she could be an accessory to fraud on the court and/or perjury and/or subornation of perjury by the foreclosure mill attorney of any witness put on the stand if he ignores your warning.

This is one of the key items we’ll be discussing in the upcoming Foreclosure Defense 101 Workshop this Saturday (October 24, 2020) from 10:00 a.m. to 2:00 p.m. EDT, which is being offered as a online webinar. Can’t attend? That’s okay. We’re going to make the entire webinar recording available afterwards, so don’t panic … yet. Remember, there is a foreclosure crisis looming and we don’t want you to be a victim … at least not without a fight.

If you don’t know your rights … you don’t have any.

Leave a comment

Filed under BREAKING NEWS, OP-ED, webinar, workshop

GUTTING THE UNDERBELLY OF THE BEAST – PART 3

(OP-ED, first posted: September 1, 2018) —

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  The author apologizes in advance for the graphic depiction of anything necessary (in the extreme) to shock your conscience into understanding that this is not recommended for you to try on your own. 

At some point in the equation, you are going to have to put your trust in someone that has (at least) studied “the system of things” and understands (basically) where it leads and how to approach it.

AGAIN … DO NOT TRY THIS AT HOME!  YOU’VE BEEN WARNED!  I am sharing talking points about a system here, not a boilerplate method where you get to exact revenge.  The following could be your end result if you attempt to do this yourself:

I just recently received a copy of the autopsy of Martin Wirth, a Park County, Colorado resident that was shot to death during an eviction process by the Sheriff’s Department. Another Sheriff’s deputy was shot to death, but after what I read in the autopsy findings, I find it hard to believe that Wirth had anything to do with the deputy’s death. After Waco and Tillman, we know that friendly fire deaths are indeed probable and cannot be ruled out.  In fact, the coroner’s findings were (from the Summary):

The autopsy reveals eleven entrance gunshot wounds involving the full spectrum of the back with a predominance of the mid-back. The autopsy further reveals five exit wounds involving the lower right neck and the mid and upper chest. A sixth exit wound is located in the upper abdomen, in the midline. At the autopsy, three bullets were retrieved outside the body. One bullet is found in the clothing related to the chest; a second bullet is found under the head while removing the clothing; a third bullet is retrieved from the body bag. Two large caliber bullets are recovered from the right and left anterior chest wall. One large caliber bullet remains deeply embedded in the left pelvis. The extensive internal injuries in this case associated with six anterior exit wounds preclude a precise definition of wound tracts.

For those of you who need an explanation, “anterior exit wounds” are sustained as the result of being shot in the back while running away from the gunfire!  How is one able to kill a Sheriff’s deputy while under siege, running out the back door of his home?  We have not heard the whole story. Was there a cover-up?  The news media reported that Wirth shot the deputies as they entered his residence.  They returned fire.  “Wirth died at the scene.”  (media reports)  What scene?  The autopsy said Wirth was found outside of his home on the ground.  How did he get outside (where the coroner’s report said his body was found) if he “died inside” upon return fire of the deputies?  There are a lot of unexplained scenarios here, ones the media can’t hold a candle to.

Based on what history has taught us, Wirth ended up being demonized in the media, just like Randy Weaver and David Koresh.  And let’s not forget Nevada notary Tracy N. Lawrence, who suddenly died of a 3-drug cocktail overdose on the day of her sentencing for one count of notary fraud (she offered to testify against two title officers of LSI Title Agency, Inc.).  Her death was ruled a suicide; however, I know dozens of Texas county clerks that would disagree with that finding because they were presented with those facts at the lecture series I presented to them in 2012. You could see their jaws drop. They were all shaking their head “no”.

You’re probably asking yourself why I intended to post this information.  I bring this up now because of the serious nature of attacking (on your own, because you think you can do better than someone with legal skill, knowledge and a law license) entities outside the scope of your foreclosure case.  I can think of a half dozen people that will ignore my warning here and risk ending up dead or in jail because they won’t listen to reason.  Sometimes I wonder why I even share stuff like this because it’s like giving a baby a stick of dynamite with a short fuse.  What you don’t know could kill you!  Did I scare the shit out of you yet?  You need to understand how serious this stuff is! I don’t know of any other way to emphasize what can happen to you if you self-implement, unless you’d care to Google David Koresh’s autopsy photos to see what an “end result” looks like!

Lest we forget, authorities came in and bulldozed over the “crime scene” at the Mount Carmel “compound”, obliterating any evidence.  A “compound” is defined as a 10′ x 10′ plywood shack (re: Weaver) or the average foreclosure victim’s home (re: Wirth) or the openly multiple-building, communal-style home (re: Branch Davidians).  Take your pick.  What’s behind Door #3?   None of them had fences and razor wire around them, so I have a hard time believing these fit the definition of a “compound”.  Oops!! I forgot.  That’s the term the government uses when it wants to demonize you in the media, so it can get the support of decent, hard-working, taxpaying voters who will support everything they’ve done under suspicious circumstances.

Now let’s get to the sum and substance of “the system of things” …

BONDS AND BONDING

Bonds can come in the form of cash or surety.  I want you to focus on these two and stop thinking about how the counties monetize bail bonds or bonds on their subjects they have detained or arrested.  This has nothing to do with the subject matter, but rather has evolved from Patriot-style behaviors, which I abhor, as this will get you put in jail or worse.

County judges and notaries commissioned by the state (or commonwealth) generally have to have a bond.  Some states do not require a notary bond; thus, the state itself may be held responsible for removing that requirement because a nexus was created when the Secretary of State issued a notary commission to the individual committing the crime (notarizing documents that contain false and misrepresentative information).  If the state doesn’t require a bond, then the notary is acting under the authority of the Secretary of State issuing the commission and thus, we would look to the state to cough up damage money as the result of felony behavior before the court.  What I’m talking about (in brief) here is the idea that bonds can be attacked; however, THIS TOO has to be done properly.  Every “punch line” HAS TO HAVE A “set-up”!

When a cop shoots somebody, what happens?  The cop is generally put on administrative leave while an investigation takes place.  Then a decision is made as to liability (whether the cop should be charged with murder or whether the shooting was justifiable).

What happens when a judge is required to have a bond and tolerates felony behavior in his court?   If someone challenges his bond, he may be placed on administrative leave while an investigation takes place and liability is determined.  There is a right way and a wrong way to even get close to challenging a judge’s bond.  Don’t think that attacking a judge’s bond won’t create statewide attention BECAUSE IT WILL!  Within 24 hours, every court official in the state will know it happened.

PATRIOT-STYLE CRAP

Some people think that filing liens against a judge is cute and that the judge will get his comeuppance.  THIS will get you a jail term, or worse.  I had a COTA workshop attendee do a year and a day for filing a lien against a state judge.  So if you like prison, try doing stupid shit like this!  All filing the lien does is screws up the judge’s credit until necessary measures (which involve spending money) are implemented to delete the lien from the public record.  Filing false liens is a felony in most states.  Please do not call me collect from your jail cell if you act the fool and file one of these liens against a judge because I will not bail you out!  You would be surprised how folks you know well distance themselves from you once you’ve been arrested and jailed!  Let me jog your memory because the State of Missouri just passed a new law (worth the read):

Missouri-2018-HB1769-Enrolled

I don’t know if you picked up on this or not, but Paragraphs 8 & 9 of this new bill appear to provide the framework in Missouri to do a C&E (I have taught this method in previous foreclosure defense workshops).    We do not file any type of liens as part of the process I am talking about here.  We do file a lis pendens.  The suit involves real property.  We have a methodology that requires precision in the creation of a paper trail.  THIS is what gets judges removed from the bench, not your pro se filing of judicial misconduct complaints.  Filing these is also a mistake, because most pro se litigants file them because they didn’t like the judge’s ruling.  Sorry, but that is what the appellate process is for.  I have heard that Patriot-type radio talk show hosts advocate doing this repeatedly to upset the system of things.  Taking that advice will lead you to a 6 x 8 cell with three hots and a cot.  The nature of judicial misconduct is reporting egregious behavior, like condoning felony perjury on behalf of the bank’s counsel.  THAT is what you file judicial misconduct complaints for.  This is why counties, most of whom are self-insured, get nervous when their Risk Managers are approached about this type of subject matter.  DO NOT CONTACT THEM YOURSELF!  We have a method for “getting their attention”!

THE BIGGEST, BADDEST PAPER TRAIL YOU CAN IMAGINE

I cannot stress to you enough that discovery and obtaining documented evidence and employing expert witness affidavits and testimony in the creation of a well-documented paper trail is ESSENTIAL to any success using this plan; otherwise, what do you have worth investigating.  I’ve yet to see a pro se litigant conduct proper discovery, let alone understand rules of civil procedure and rules of evidence to finality in their favor.  A majority of those reading this article won’t even know (if asked outright) what a declaratory judgment action is, let alone a state tort claims action.  The system of things may be overwhelming to many of you, but according to attorneys I’ve spoken with, it’s an eventual Achille’s heel in the system.  One attorney stated, “It’s a game changer!”  When counties don’t have money, they can’t function properly.   Government officials have to answer to voters and the media about the problem created by you, which is why they’ll try to settle before it becomes a 3-ring media circus.

As one attorney put it … you can change things with your vote … or you can change things employing specific tactics against “the system of things”.   I discuss this for educational purposes, because I get so many calls from frustrated foreclosure victims, who don’t know where to turn.  The problem is, the homeowners don’t know how to create the right paper trail.  Hell, I know attorneys that have stopped short of doing the right thing.  Malpractice is also a concern and with the tactics inside “the system of things”, these foreclosure defense attorneys should be worried as well, because “what applies to the goose can be applied to the gander”!

Without “the system of things” in place, we would succumb to financial ruin as a body politic and that could lead to the Civil War that the Rasmussen poll recently talked about.  I am not advocating the use of violence here, just common sense.

More to come about “the system of things” … so you can understand its layout and consequences!

 

6 Comments

Filed under OP-ED