Tag Archives: statutory violations

BRUCE JACOBS CATCHES FLAK FROM FLORIDA’S THIRD DCA!

(BREAKING NEWS – OP-ED) —

The statistics are unlike anything I personally have ever seen as a consultant to attorneys on matters of foreclosure, chain of title and the system of things … BUT Miami-Dade foreclosure defense attorney Bruce Jacobs has put himself in the firing line by causing the Third DCA into an apparent retaliation by issuing Jacobs a Show Cause Order as to why he should not be sanctioned for violating not only Florida Appellate Rules of Procedure but Florida Bar Rules as well.  I’ve personally met and talked with Bruce Jacobs, a former Miami-Dade State’s Attorney, a devout follower of Judaism.  There are those in the foreclosure world who think little of him for various reasons, while others think he’s too busy to handle their cases, while yet others believe he is a true fighter for “the little guy”.

Miami’s Daily Business Review (via law.com) just broke a story yesterday (October 4, 2018) of the potential sanction news against Jacobs. After doing a little digging, I found the subject per curium ruling that put Jacobs in the crosshairs of some very pissed off judges.  It all stems from their reversal of the famous HSBC v. Buset case, where Jacobs represented the Busets.  After the 3rd DCA’s reversal, I asked Bruce about their opinion in Buset and he told me succinctly that “This is war! This ain’t over yet!”

In a State where homeowners have had more opportunity to figure out “the system of things” as to how foreclosure courts behave, the statistics you’re about to read, which were contained in a filing with the Florida Supreme Court in the cited case, includes statistical evidence of how Florida’s Third DCA is apparently biased and prejudiced against delinquent homeowners:

Alexander v Bayview Loan Svcg LLC, 3D16-2228 (filed April 20, 2018)

Knowing what I know about phony assignments, I proffer an idea here that squarely puts “the system of things” into motion.  By reading this “Opinion” issued by the Third District Court of Appeals in Florida, see if you can make out the frustration not only felt by Bruce Jacobs but by virtually ALL homeowners who’ve ever been in front of any judge in the Third DCA:

Aquasol Condominium Assn Inc v HSBC Bank USA NA et al, 3D17-0352 (Sep 26, 2018)

Again, Jacobs has locked horns with a nemesis that has a propensity to lie in the manufacture of assignments.  In a case in Hillsborough County, Florida, HSBC’s “document manufacturing” came under serious scrutiny and the recorded document was ordered cancelled and expunged from the Clerk of the Circuit Court’s official records in that county.  The case involving that apparent suspect document is still ongoing and if “the system of things” is allowed to play itself out, one particular foreclosure mill law firm and five of its attorneys could be facing the same consequences as Jacobs is now.  It is problematic that most homeowners let their frustrations get in the way of common sense, but the latest “Opinion” seriously appears to put Jacobs in a very tenuous position, since he’s called out the Third DCA for what he believes they apparently are … biased and prejudiced against homeowners … enough to ignore obvious frauds on their own court systems!

However, it should also be made clear here (IMHO) that “the system of things” as I have described in the 10-part series, “Gutting the Underbelly of the Beast” was not implemented in Buset … was clearly not implemented in Alexander … and was definitely NOT implemented in Aquasol, predicated on what didn’t happen in Buset.  That may be tough for some to get their head around; however, when you see the quotes that Bruce Jacobs included in his brief to the Third DCA, which made them recoil, it’s clear the Opinion they issued was really a Show Cause Order that the media is now going to make a 3-ring circus out of, especially in light of what happened to Pinellas County foreclosure defense attorney Mark Stopa.  It’s obvious that Florida does not like aggressive foreclosure defense attorneys, whose first duty is to “the Court”.   With the advent of a Florida judge testifying (at Stopa’s hearing) that Florida foreclosure court judges are incentivized to clear their dockets and receiving bonus cash rewards for doing so, it is very clear that our courts have allowed their own political agendas to taint “Lady Justice”.

I’ve always said it’s about the assignments.  It’s always about the assignments.  This is why C&E actions are so vitally important:

(1)  They dissect the false and misrepresentative information contained within the assignments that are being relied upon by bank’s counsel in foreclosure proceedings.  This involves deposing robosigners.  HSBC has robosigners.  They defaulted when challenged in a C&E as to what authority they had to execute the document.

(2) They bring to light certain statutory violations. Florida has a civil component to its criminal component in F.C.C. § 817.535, which some attorneys rarely use and if they use it, apparently don’t go far enough in using it. They “drop the ball” by NOT doing a C&E on the document called into question.  This is no different than a pro se homeowner going into court and waving a document around and calling it a fraudulent document.  Same results. The Court says, “Prove it!” … and you have no proof!  So piss off!

(3) They bring to light certain ethical violations. Imagine you’re a foreclosure mill lawyer who’s relying on the false and misrepresentative information contained within an Assignment of Mortgage (or even an Assignment of Deed of Trust, for those of you in non-judicial states that have sought to litigate a matter to stop a foreclosure), and you (a.) failed to exercise due diligence in vetting your evidence; (b.) were purposefully involved in the creation of the fraudulent document; and (c.) new or should have known that the information you proffered to the Court would result in a statutory violation.  There are individual Bar Rules in every State that call out this type of behavior.  These Rules fall under the section labeled “Misconduct”.  On occasion, State Bar Associations and Courts across America have to deal with such matters; however, foreclosure cases are particularly egregious in nature because the ethical violations appear to arise out of statutory violations being promulgated on the Court.

(4) They require a determination as to their validity of the document in question.  In the Hillsborough County matter, HSBC had every opportunity to respond, yet didn’t.  When you look at the C&E’s allegations there, HSBC employees could have been facing felony UPL charges.  Duh!  It’s no wonder they didn’t show up.  The good ‘ol boy network on occasion does “circle the wagons” to protect its own practitioners.  I gotta give ’em credit for their somewhat misplaced allegiance.  They pick and choose who they want to prosecute.  Obviously, the several HSBC employees aren’t in jail, so they’ll keep manufacturing phony documents (like every other mortgage loan servicer has done since they were told not to in 2012).

(5) They require a definitive action by the Court.  When presented with the facts, the judge in the Hillsborough County matter cancelled the document and ordered it expunged from the real property records.  That expungement was not detected by the foreclosure mill law firm.  That expungement created further triable issues of fact.  That expungement, in of itself, created a statutory violation.  That expungement further convoluted the chain of title, impairing that property’s vendibility.

(6) They are the “backbone” of any quiet title action.  Once eliminated, assignments and other documents set the basis for the complaint or counterclaim sounding in quiet title because the “obstacle” that the bank has to contend with is an illicit document, shown to be fraudulent, or in the alternative, proven to be fraudulent, with expert witness trial testimony from an attorney to back it up in subsequent cases.  This posits a very serious scenario for the foreclosure mill law firm.  It posits an even more of an issue for any judge hearing the subsequent quiet title action, because the same unclean hands that created and/or relied on the phony document that was cancelled and expunged through the C&E have now come home to roost.

As long as the homeowners are in a position to control the outcome of their cases, the C&E may become a vital tool to measurably determine the success or failure of their destinies.  Sadly, as vigorous of a defense that any foreclosure defense attorney could throw at the other side, especially in this matter, the C&E wasn’t part of it.  Without a basis in finality, how then can “the system of things” work to impose sanctions on the real violators and unseat judges for agreeing with them?

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GUTTING THE UNDERBELLY OF THE BEAST – PART 10

(OP-ED, first posted: September 28, 2018) —

The writer of this rather lengthy and final post in this particular series is a paralegal, researcher 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.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help, which you are responsible for vetting.  I am not an attorney referral service either. 

HOW TO BANKRUPT ANY COUNTY IN AMERICA IN TEN EASY STEPS

Oh, you seriously thought I was going to go there?   I just did that to freak anyone out on the “other side” that was waiting for me to say such a thing so they could hold it against me in some way.  My Jewish attorney friend used to talk loudly in his leased office space because the walls were paper thin and he knew the trucking company on the other side of the wall could hear him, so he’d make statements about putting that trucking company out of business, just out of spite.  That attorney is (to this day) still one of my good friends in the legal community.  And he knows what personal injury is (especially after getting a large settlement out of a major soft drink manufacturer).  I would say that the entire summation of this 10-part series is not “pissing in the wind”.

I have a large network of attorneys across the country that are bracing for the upcoming storm.  I will not tell you their names because they are behind the scenes getting ready to do their part to make “the system of things” manifest itself.

As one Expert Witness attorney put it to his clients (paraphrased in the simplest terms):

“My testimony will be considered evidence of the statutory violations that were created by the assignments (of mortgage, deed of trust).  If the homeowner’s attorney ties the statutory elements together with the facts my testimony provides, then the Plaintiff (lender, servicer, etc.)’s attorney will be acting as an accessory to the Plaintiff client’s crime.  Not only will the acts be considered criminal statutory violations, they will also be considered ethics code violations.  All of the above is calculated with the hope that it terminates the litigation in the homeowner’s favor.”

FIRST AND FOREMOST EVIDENCE: THE PUBLIC RECORD    

While the OSCEOLA COUNTY FORENSIC EXAMINATION was only a report issued to the Clerk of that particular Circuit Court, it was one of only a few reports that were ever generated at the behest of a Clerk, Register, Recorder, etc. in the entire country (out of over 3,000 counties). It is sad when only a handful of studies were done and what happened following the release of those reports only scratched the surface of “the system of things”:

Southern Essex District, Massachusetts (2011) — Following the release of that report, a pro bono effort by Marie McDonnell, Register of Deeds John O’Brien’s office got a bunch of media attention, which subsequently brought visits by local bank counsel, threatening to sue the county.  Nothing ever came of it (perhaps due to Mr. O’Brien’s response to the attorneys, “Good! Bring it! We get discovery!”), but to this day, all potentially robosigned documents are rejected from recording in that office.

Guilford County, North Carolina (2011) — Attorney Lynn Szymoniak assisted Register of Deeds Jeff Thigpen bring a spreadsheet forward of known DOCX robosigners, which sparked public awareness in that county.  Sadly, the entire examination was overshadowed by the FBI’s investigation of DOCX and eventual prosecution of Lorraine M. Brown, its president.  Thigpen retained a law firm to file suit against Mortgage Electronic Registration Systems, Inc. and its parent, MERSCORP; however, the case went nowhere because the court determined that the Register of Deeds did not have a private right of action.

San Francisco, California (2012) — Assessor-Recorder Phil Ting, acting on behalf of the City and County of San Francisco, retained Aequitas Compliance Solutions, Inc. to conduct a study of his land records, which revealed a plethora of suspect activity regarding the recording of assignments, followed by suspicious pre-foreclosure recording activity.  In a scant 21-page Report, the results infuriated Ting to the point of frustration.  After a media blitz and a lot of YouTube activity, Mr. Ting decided his land records were garbage and decided not to seek re-election. While the report was California-specific, it did make reference to a report issued by two attorneys from the Florida AG’s Economic Crimes Division, which later resulted in those two attorneys, Teresa Edwards and June Clarkson, being forced out of their positions.

Williamson County, Texas (2013) — County Clerk Nancy Rister commissioned a study of robosigned documents culled from hundreds of files in the recorded database of the public records in that county, to find hundreds of suspect issues contained within assignments and powers of attorney that were drafted and recorded by law firms that conducted foreclosures of residents there.  The 179-page report, done by DK Consultants LLC, caused a raft of media attention, followed by a nearly full page rebuttal by the then-CEO of MESCORP Holdings, Inc. Bill Beckmann, claiming MERS did nothing wrong, even though MERS was at the center of attention in the audit.  Several attorneys named in the report visited the Clerk’s office and made threatening comments to her staff but nothing ever came of it.  Williamson County joined in a suit with Travis and Nueces County in Texas against both MERS entities which went nowhere.  Sadly, the attorneys bringing the suit claimed MERS was responsible for the recordings, which the federal judge deemed was not.

Osceola County, Florida (2014) — If anything came from this Report, it was a media firestorm, apparently baited by the Osceola County Sheriff’s Department, spoon-fed to all of the Clerk (Hon. Armando Ramirez)’s political enemies, who made use of the information to smear the Clerk in the media.  Despite the efforts to make everyone involved “front page news”, the Clerk was re-elected to his position.  The FBI refused to investigate the contents of the Report, which was not an indictment, after talking to the Osceola County Sheriff’s detectives handling their end of the investigation into the Report’s contents, stating in a one-page release that they could find no victims. The State’s Attorney who was first presented with the Report, declined to investigate any of it and subsequently was not re-elected following a scandal involving Ashley Madison’s website. The Osceola County Sheriff did not seek re-election either.

Seattle, Washington (2015) — McDonnell Property Analytics was tasked with conducting a review of mortgage documents and assignments in a post-Bain decision by the Washington State Supreme Court.  Page 29 of that Report clearly stated that numerous MERS assignments contained “false statements, misrepresentations, and omissions of material fact”, noting the violative statutes, which we would sincerely entertain in taking out adversarial opponents in future skirmishes in the Pacific Northwest.  After much media attention and public outcry to the Seattle City Commission, the heat died down and things appear headed back to the status quo.  Sadly, until the bankers are imprisoned, they continue to own Washington State. (… and you know I’m not lying here!)

All of these “protectors of the public record will go down in the annals of American history” as having made a dent in “the system of things” as exposed, with no finality. I believe that “the system of things” was not approached in the right way.  The parties involved (the Clerks, etc.) in some instances, were told they didn’t have a private right of action.  So what was missing?

THE LACKING COMPONENT: STATUTORY APPLICATIONS OF VIOLATIONS

What was contained in the assignments discovered in each of the foregoing reports was “evidence” that had to be discovered and never was.  Any homeowner in America can run into court and waive their assignment around in the judge’s face and call it a fraudulent document and the judge will simply ignore them because nothing in the document was proven false or misrepresentative to the point of opening up “Pandora’s Box”.  As long as homeowners are willing to play the “delay game”, just to keep things on the level for their comfort zones, nothing will happen.  Eventually, they’ll be out of their home at the hands of a corrupt system.  If they behave like Martin Wirth, they’ll end up dead at the hands of a corrupt system.  You see, “the system of things” “circles the wagons” when it’s attacked.  Just like Custer at the Little Big Horn (and we know what happened to him).

However, the missing components here (referring to the expert witness’s foregoing statements) are not deemed to be “third-party beneficiary” intimations, which all courts to date have placed credence in so homeowner’s “don’t get a free house”.  We’re not even going there.  We are talking about statutory violations of law here, which result in ethical violations by the bank’s attorneys.  If the statutory law exposes the fraud in the public record and it is brought forward into a court proceeding, the bank’s attorney has the option to recant all of his pleadings and oral statements made to the court, because all of those statements make him an accessory to the statutory violations.  Once the bank’s attorney has stepped into the realm of statutory violations (through felony perjury applications, fraud on the court, etc.), that attorney is now subject to disciplinary action by the state’s bar, which is exactly where the ethical violations are going to be lodged, thanks to those bar mandates previously discussed on these posts.  Every state has some sort of statutory application to prosecute false and misrepresentative statements in the public record, it’s just that it’s never been postured in such a way to make it part of the court record.

THE LACKING COMPONENT: ETHICAL VIOLATIONS

Once a record has been created of all of the evidence and testimony in court, the expert witness attorney files a formal complaint to that state’s bar against the bank’s lawyer, alleging ethical violations, which now affects the errors and omissions insurance policy.  The bank’s lawyer is now tempted to file a claim to get his attorney’s fees paid for in the bar disciplinary committee hearing(s); however, if the E & O carrier should become aware of what the attorney is involved in, it would certainly become “risk averse” and deny paying for any of his legal representation, which means it has to come out of his own pocket, which could get really expensive.  At a minimum, he risks suspension.  At most, he risks disbarment.  How is he going to pay off all of his student loans then?   It’s a benefit to the homeowner, because any subsequent law firm will be aware of the case and will run from it, unless it wants to wind up playing out the same scenario as “the system of things” unfolds on them too.

THE LACKING COMPONENT: JUDICIAL SYSTEM CHALLENGES

The judge hearing the foreclosure case should “do the right thing” and hold an evidentiary hearing (see Part 7, the M & T Bank v. Smith case).  Any evidentiary hearing, properly conducted, based on all of the evidence, would preclude any action against the judge and force a settlement.  While this would be an obvious savings to the homeowner, most judges ignore the claims of misrepresentation because they have agendas.  It is these “agendas” that, if not applied, would force an onslaught of suits in that state, tying up the foreclosures dockets for years, because all homeowners would have to do is claim they’ve been wronged and ask for a free house.  We know that is not going to happen; however, “the system of things” will do more good if it is correctly applied in getting that “judge with an agenda” removed from the bench because he (or she) is complicit in a fraud and allowed it to happen, bringing exposed risk against the county and its treasury.

Besides going after the judge’s bond, we see filings to the judicial review panel, which will have the entire record given to the state bar against the lawyer in that proceeding. Without a bond, the judge cannot sit on the bench.  End of career.  End of legacy.  Maybe, even end of pension.   If it’s a senior judge that’s been pulled out because he already has a pension and a nice nest egg, personal judgments against him as the result of a proper proceeding may haunt him for the rest of his life, with not only a personal “stain” on his legacy, but any serious criminal applications here could pierce the sovereign immunity and put him squarely into a criminal proceeding, where he’d face prison time. Imagine the supreme court of any state being tied up in felony allegations?   Think West Virginia!   It can happen and you’ll see it happening when “the system of things” is fully unveiled.   You see, judges are not exempt from prison and an eventual stained legacy, despite what they think of themselves and their so-called “immunity”.

Pompous shits!  And we trusted them to do the right thing.

And let’s not forget the county who employs the judge.  They have a treasury.  Most of them are self-insured and have to answer to voters, who would be pissed at them if the treasury was drained due to multiple damage settlements. This is why state tort claims actions were developed.  Now, imagine a 1,000 people, all affected by the same law firm, all having similarly-situated false and misrepresentative assignments, all coming after the same entities (at once) who got them kicked to the curb by the same county judges.  It really only takes one judge to be removed from the bench under the shadow of felony behavior to send a message to everyone else in “the system of things” that we know how to play the game “for real” now.

If the state bar does nothing to bring a resolution to the attorney’s ethical violations, then the insurance companies will, indirectly.  No insurance carrier is going to insure an attorney with a bad record of being an accessory to a crime.  End of paycheck.  Defaulted student loans.  End of credibility (e.g., David J. Stern).   No one has gone after all his money … yet. Any law firm relying on his assignments?  Watch out!  Your time is coming.

And let’s not forget how the law firm is going to suffer at the hands of this behavior.  No E & O insurance carrier will write professional liability on a stained past history of illicit behaviors.  End of law firm.  Oh sure, they can try and just throw another firm together and keep doing the same thing until they end up disbarred like Stern; however, the bad behavior follows the principals too … and any law firm subsequently taking the case in chief.

And let’s not forget the mortgage loan servicers, third-party debt collectors and document mills creating these phony assignments, or in the alternative, relying on them.  They answer to either the departments of banking and finance or the department of insurance.  The states have risk pools (of money). Imagine tapping into that pile of cash!

There are bonds and professional liability insurance policies in force that cover the behaviors of the foregoing entities.  When they step into this fray however, “the system of things” may end up coming after the individuals and the supervisors that gave them the platform to create these phony assignments and put them all in prison.  How many “Linda Greens” would you imagine would end up there … or should?   As with what didn’t happen in Osceola County, “the system of things” would be more persuasive in this case, because of testimony, affidavits, a paper trail and a transcript of the proceedings.

The system of things put “safeguards” in place to insure that the public is not harmed by illicit behaviors.  Notice I used the word “insure”?   There’s a reason for that.  When insurance companies refuse to pay for bad behavior, someone has to … be it the state, the county or the individuals responsible for stealing private property.

YOUR ATTORNEY HAS TO DO HIS JOB!  THAT’S ALL! 

If anything needs to be understood (and stressed) here, it’s that if you’re paying an attorney to do his job, he should do his job. Not play the “delay game” with you.  There are attorneys out there that will do their jobs.  We need one that has enough sense to put an expert witness attorney on the stand in a formal hearing setting and examine him (with a prepared set of questions) like any other witness on the stand.  We don’t need him jumping up and down and screaming at the judge either.  Remember, he has to appear before the same judge again (that is, if the judge is still a seated judge).   Once this takes place, your attorney will become fully aware of the statutory and ethical violations that have occurred. Sadly, he now is mandated by his state bar to report them under the Model Rules of Professional Conduct.  Whether he does it is irrelevant.  The expert witness attorney will do the reporting to the appropriate authorities.  If they don’t act, then we hit up their insurance carriers!

Attorneys do get perturbed with “the system”.  In our previous segment (Part 8), we explored the suit filed against the Oregon State Bar, a public corporation.  Even the state bars should be held to a higher standard and from time to time, refreshed with new blood from humble folks not so consumed with their power and their copious attitudes.  State bars have a treasury too, if you get my drift. Unfortunately, many attorneys who say they’re “fighters” may try to talk you out of opening “Pandora’s Box” in lieu of a loan modification.  That, in of itself, is a trap against homeowners. But again, it’s all about the money, right?

CALL TO ACTION: SENSE OF URGENCY, WHETHER YOU’RE IN YOUR HOME OR NOT

I’m not going to do the “Alex Jones” thing and tell you to harass anyone, “push back” or man your “battle stations”.  Just the opposite.  Wise as serpents, harmless as doves.  Plan the trap. Set the trap.  Spring the trap.  Catch the prey.  Hunger Games: “Remember who your enemy is.” as you see Katniss Everdeen with her bow and arrow, going after a squirrel or a rabbit.  It’s a single and precise strike at the target.  In this “system of things”, you have multiple targets to choose from.  HOW you play that game is up to you.  You are not limited by your tactical ammo.  You do however, have to use your due diligence and wisdom to determine which target to go after and plan the trap.  The bait is already there (what’s in the public record) in the form of documents (assignments) that violate statute.  It doesn’t matter about the “third-party beneficiary” argument.  The statute says what the statute says. It means what the state legislature intended it to mean, no matter what the bank’s attorney argues.  Once that argument starts and the trap is sprung, the bank’s attorney can only do one thing: recant his pleadings and oral statements and motion for the case to be dismissed.  In the alternative, he risks prosecution and eventual disbarment for moving forward.

I want to see your “phony assignments”, especially if they involve a securitized trust, MERS, known robosigners, self-dealing, claims of merger known to be false, etc.

Send them to be at cloudedtitles@gmail.com.  I personally want to see what you’re facing.  If you have even more sense, you’ll include your contact information with your pdf submission. I’m compiling a list of aggrieved homeowners in each state, be it mortgage or deed of trust, and their violative assignments.  I DO NOT NEED TO SEE YOUR ENTIRE CASE FILES! Anyone sending me anything but what I asked for will see their emails deleted!

In the meantime, keep calm and carry on.  And remember, pro se litigants need not apply. Misapplication of any of what was discussed in any of the ten parts of this series of posts is done at your peril.

To everyone else reading these successively “belly gutting” posts: May the odds be ever in your favor.

 

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THIRD U.S. CIRCUIT ISSUES PRECEDENTIAL RULING IN FDCPA CASE AGAINST MCM … REVERSED AND REMANDED!

BREAKING NEWS — OP-ED — 

This ruling just out of the United States Third Circuit Court of Appeals:

CLASS ACTION SUIT REVERSED AND REMANDED FOR FURTHER PROCEEDINGS! 

Schultz v Midland Credit Mgmt Inc et al, 3rd App Cir No 17-2244 (Sep 24, 2018)_Precedential

Midland Credit Management sent Robert and Donna Schulz separate dunning letters which misstated the rights of the debt collector in reporting a forgiveness of debt as required by IRS regulations, which only applies if the debt is over $600.

The FDCPA (Fair Debt Collection Practices Act) specifically prohibits a debt collector from using “false, deceptive or misleading representation in connection with the collection of any debt.” 15 U.S.C. § 1692e

The District Court had jurisdiction, but as many U.S. District Court judges do, they favor debt collectors and not debtors and often rule against the debtors, misinterpreting the law or in the alternative, the intent of the law.

The 14-page ruling is an educational tool for both litigants and their lawyers.  Understand that MCM knew or should have known better.

This is also a clear and classic example of a STATUTORY VIOLATION as described in the 10-part series GUTTING THE UNDERBELLY OF THE BEAST!

Also, read the footnote on Page 8, where “multiple discharges of indebtedness of less than $600 are not required to be aggregated.” 26 C.F.R. §1.6050P-1(a)(2).  That means that the debt collector can’t total up all of the separate debts (even if they add up to more than $600) and use language in their communication to the debtor which violated the foregoing statute or code. Debt collection, as imparted and regulated by the FDCPA, sets specific standards for what constitutes a violation of statute.  Understand that the FDCPA provides a remedy, at law.  The federal court has jurisdiction because the law is a federal law.  There are state debt collection laws that could have been cited in the federal case along with the FDCPA and the Court would have had to apply the applicable State Laws to the case as they were intended by the legislature to be followed.  When this doesn’t happen at the state level, we have appellate courts to do our bidding.  Just because the judge misinterpreted the law doesn’t mean he should be taken off the bench.

The system of things only applies to his removal if he does something morally or ethically egregious that cannot be resolved by anything other than attacking his bond for provable damages.

I don’t care if he’s a senior judge, like a lot of them are on the federal bench.  Also take to heart that the attorneys litigating FDCPA claims these days like to do class actions because there’s more in it for them in attorney’s fees.

However, also note that the special witness in the class action (the Schultz’s) could get up to $25,000 for their testimony in leading the class action.  Think about that in part when you apply “the system of things” to statutory violations!

Stay tuned for PART 10 of GUTTING THE UNDERBELLY OF THE BEAST!   It’s sure to be a doozey!

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GUTTING THE UNDERBELLY OF THE BEAST – PART 9

(OP-ED, first posted: September 25, 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.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.

As we near the close of this 10-part segment, I posit that this may not be the climactic end you were hoping for.

Creating a big, bad ass paper trail to be used to trigger those “safeguards” in “the system of things” takes time, time that a lot of litigants don’t have because they didn’t make the time.  Maybe they weren’t afforded the time … the time to learn about how “the system of things” works.   While I’ve always maintained that the Internet can be a dangerous place to search for clues or resolve to anything, the “safeguards” that make up “the system of things” have been maintained within the “status quo” for quite some time (decades).  You’ve probably heard that old saying, “Well, it’s the best system we’ve got!”   Why change it?   Maybe, because it’s NOT the best system at present.  In fact, the way that “the system of things” has been abused, perhaps we need to re-examine HOW “the system of things” is supposed to work and give the balance of what’s wrong with “the system” itself an enema.  In order to do that, we have to wake “the system” up … and you cannot do that in federal court … yet.

WAKING UP THE BEAST!

There are roughly 3,041 counties, boroughs, townships, etc. that now exist in America.  Most if not all of them are incorporated.  Most if not all of them are self-insured to a degree.  Most of them carry liability insurance for certain aspects of their “day to day affairs” in the management of county government.  The cities within the counties also have certain types of insurance that is supposed to safeguard the body politic from harm, in case a city (or county) employee injures someone while acting within the course and scope of their employment.   This is an important set of terms to remember: “the course and scope”.  Judges are also paid by the county in virtually every situation, to sit on the bench and administer the “day to day affairs” brought before them during the course and scope of their employment.

Waking “the system of things” up (and in your favor) would seemingly involve …

(1) identifying the statutory problem you (as a property owner) are faced with … which is legislation that was passed that allows every property owner to challenge the legitimacy of documents in the public record as being suspect;

(2) bringing forward a claim against the perpetrators who created-manufactured-executed the document in question … generally involving declaratory relief, which opens up the needed discovery to expose the liability;

(3) bringing forward an expert witness affidavit and testimony to support your claim … this is best done by an attorney who has figured out HOW “the system of things” is supposed to work and can help to build your big, bad ass paper trail;

(4) taking the entire “bad ass paper trail” in documented form to several different “layers” within the county government and within the private sector (insurance and bonding).  We see four (4) copies of this paper trail as a necessity!

Once class action lawyers figure out what we’re trying to accomplish here, they are probably going to get busier (in the future), once it becomes firmly fixed in their minds HOW TO raid a county treasury because of some judge’s screw-up in allowing felony behavior to spew forth from his courtroom.   It’s just like having a bailiff purposefully hover over you while you’re trying to speak to the judge.  It’s intimidating.  As long as the judge knows he can play God for 5 minutes and get away with it (because you’re broke, desperate and don’t know anything), you’ll continue to have a bad feeling about today’s justice system, especially foreclosure courts (whether you’re in a judicial or non-judicial state, it doesn’t matter).

THE BIG, BAD ASS PAPER TRAIL

For those of you who are still having trouble fathoming the substance of the “big, bad ass paper trail” … I shall endeavor to spell it out for you:

(1) The complete trial transcript (if you’re in a judicial state) of the foreclosure case, including all exhibits (or in a non-judicial state, by your own litigation filing and said responses from “the other side”);

(2) The complete oral transcript of every hearing involving your case, conducted by said tribunal, certified by your own court reporter;

(3) The complete certified set of all oral transcripts taken at every deposition of every party summoned to testify that was involved in the creation-manufacture-execution and recording of the suspect document;

(4) The complete set of every document in your chain of title to your property, from the Warranty Deed (i.e., see also Grant Deed, Special Warranty Deed, Quit Claim Deed, Statutory Warranty Deed, etc.); and

(5) A certified, original copy of all documentation and four (4) copies of same (for distribution within the “layers” of “the system of things”) to present to authoritative committees (the judicial review panel and the state bar’s disciplinary panel) and the insurers (E & O and bonds).

Copy #1: The Judicial Review Panel (against the judge, along with a judicial misconduct complaint);

Copy #2: The State Bar Disciplinary Committee (against the lawyer for the bank who came into court and misrepresented the truth about the documents he/she relied on);

Copy #3: The E & O carrier for the law firm and their attorneys (including the attorney being accused of felony behavior in your case); and

Copy #4: The County’s Risk Manager, in an attempt to obtain bonding information on the judge (to attack the bond, have the matter investigated by the insurance company and seek to file a claim against the bond and have it pay out and/or have it revoked; thus, unseating the judge from the bench).

You may wish to have a separate fifth (5th) copy available in case the county wants to keep its copy and not forward it to the judge’s bonding carrier.

The whole stack of stuff should be somewhere between 4″ and 6″ thick!

What I have just described to you are the “safeguards” (the preliminary ones) that are supposed to be in place to attack the lower echelons of “the system of things”.  The upper echelons (the federal system) are used to plunder the county treasury if the Risk Manager, the County Commission and the perpetrators themselves refuse to “do the right thing” (and/or settle).  You DO NOT do this on your own dammit!  You have no mandate to report wrongdoing to the bar or the judicial review panel … ONLY ATTORNEYS AND JUDGES DO!   So stop with the pro se, pro per, sui juris Patriot crap and start thinking “system” … as it is and has it has been set up to function.  Stop trying to cram your giant square peg into the small, round hole (that is “the system of things”)!  If you ignore this, you do so at your own peril.  You risk creating bad case law for everyone else by not knowing what you’re doing and you also risk potential, physical harm to you and your family (remember Ruby Ridge … I was going to post Vicky Weaver’s autopsy photos but my “legal voice of reason” talked me out of it).  I cannot begin to emphasize how serious this shit is once you’ve awakened “the beast” (in other words, you’d best have legal help … and not a Patriot, non-lawyer either).

The original, certified copy remains with you for the potential follow-through with the State Tort Claims Act suit, if one is necessary, against the county or city in question, which would force “the system of things” to either litigate the matter or settle with you.

You are NOT prosecuting a criminal action here.  This is a civil matter involving statutory and ethical violations!

THE NON-JUDICIAL SETTING

I haven’t spoken much about non-judicial issues here because it is incumbent upon the homeowner to do one of two things: (1) pack up and move; or (2) file a lawsuit to stop the foreclosure and fight.   If you look at your chain of title and you see a chain of assignments … ALL of them come into play here.  If one of those assignments can be proven to be false and misrepresentative (it’s likely almost all of them are or will be), then you can rattle the other side’s cage and topple the entire chain of assignments like dominoes.  Proving fraud on the court cannot come out of your own mouth however.  That determination comes out of the mouth of the judge, who does “the right thing”!   “The system of things” does not offer YOU that opportunity.  You have to put together a civil action (preferably based on declaratory relief and negligence), coupled with proving a civil conspiracy (NOT RICO!), which is easier to prove because the burden of proof is lower.

If you are frustrated because you are currently losing, it’s because you’re not paying attention to “the system of things”.   You are acting out of desperation and not using the common sense and wisdom God gave you.

This is why we wrote the 40-page booklet explaining it:

I do not hand this work out likely, for what’s in this book is that “baby with a stick of dynamite with a short fuse” … and you are NOT going to abuse “the system of things” out of sheer desperation.  We are not going to allow that to happen.  There is a right way and a wrong way to approach how the scenario plays out.  We have to create the big, bad ass paper trail, starting with your chain of title.  Every chain of title tells a story.  What does yours say?   BTW, leave the word “fraud” out of your vocabulary here.  The new words to affix in your brain are:  “statutory violations”, “ethical violations”, “false and misrepresentative”, “negligent misrepresentation”, “negligence”, “misrepresentation” and “felony behavior”.   Why?  Because the insurance companies clearly understand what these terms are and are NOT likely to pay out claims based on these terms!  THAT can work to your advantage and to the other side’s disadvantage!

If the judge does the right thing (like the cases noted in Part 7 of this series of posts), and you get your evidentiary hearing, you may find yourself either settling out of court or in the alternative, awarded hefty damages by a jury or sanctions by a judge (like your home).   One thing is for certain, every insurance company in your state is going to know what’s going on … as you cannot allow the law firm you would be pursuing or its attorneys an opportunity to become “re-insured” through another carrier due to their propensity to commit the same torts and felony behavior.  If you’re going to do a takedown … well … it’s like that old saying, “If you’re going to shoot the King, you’d better make sure you kill him!”   That means, whatever judge allows the felony behavior to continue in his court … and/or … the ethical violations … without doing due diligence to “peel away the onion” and expose bank illegality for what it is … will expose the county (as well as the judge) to a very long-winded, unpleasant experience in U.S. District Court … and you better make sure that judge never returns to the bench (otherwise, you face possible retribution)!

ALL THE WHILE MAINTAINING CIVILITY

And remember, we’re being “civil” here.  This is not politically motivated speech, like “push back”, a statement used some time ago by a congresswoman who doesn’t even live in her own district which has polarized America.  This same congresswoman even said, “if you shoot me, you better shoot straight”.  What kind of B.S. is that?  I’m sure Steve Scalise didn’t find that at all funny.   But then again, this is America, where BOTH parties have contributed to the mess we’re all in. BOTH parties voted “the system of things” into being.

Don’t think that barricading yourself in your house is going to make a statement either.  Remember what happened to Martin Wirth?   We don’t want to see you end up like that.  Or Vicky Weaver.  Or David Koresh.  These people were stubborn and all became victims of their own ignorance and political beliefs.  This is what “the system of things” is geared towards.  Absolute power corrupts absolutely … and if you’re going to lock horns with the beast, you’d better make sure you’re within striking distance of its underbelly; otherwise, all of this is for naught.

THE STATE TORT CLAIMS ACTION = SHTF

The “other side” knew that at some point I’d be getting to this part.

Remember that suit the two Oregon lawyers filed against their own state bar?   It was filed in U. S. District Court, right?

Why is that so?  Because the attorneys were quoting federal statutes, which put it firmly within the jurisdiction of the federal court!

You can’t expect the “county” or “state” itself to allow you to sue it, do you?

Major obstacles, if not a total cover-up.   Major threats will probably be bandied about.

Late night phone calls.  Silence, followed by breathing and maybe, if you’re lucky, a whispered,  “I know where you live.”

Stalking by suspicious vehicles either outside your home or at places you frequent.

Tapping your phones without a warrant.

Breaking into your home and putting keystroke technology into your computers to read your emails.

Bugging your home or office.

Bribing federal court clerks to hide your paperwork so it’s not timely filed and thus gets excluded.

Texting death threats to your cell phone (showing pictures of your kids playing in the front yard).

Changing the locks on your doors when the foreclosure sale hasn’t even happened.

Cleaning out the contents of your home before the foreclosure sale has even occurred.

Real estate brokers showing up to your home wanting to know when you’re going to move out.

Your family pets disappear.

Oh, you think I’m joking?

Every one of the things I just described above has happened to homeowners in the course of the last twenty (20) years, since securitization and bad banking behavior started running rampant across America.  We’re talking billions of dollars of insurance payouts here and the banks and their henchmen (their servicers) are going to ratchet up their illicit behaviors.  You will have to be strong when it comes to this point in “the system of things”, because this is no longer a “game of thrones”, to see who will be King.  This is a matter of survival for those who are able to procure the most evidence in the shortest amount of time, because the other side is going to have fair warning and is going to have ample time to either come to the table or retaliate.

You cannot file one of these actions unless you give the county (the political subdivision) fair warning.

THIS is what risk managers are for.   If the county is too small, then the County Executive gets the warning.  They have to be warned to be given time to settle.

That is a statutory requirement in most states.  Sorry … you don’t get to ambush the county with a lawsuit in federal court without trying to negotiate settlement first.

Yes, it’s administrative bullshit.  But it’s “the system of things”, right?

Most counties have general liability insurance and vehicle insurance to cover the expected … a slip and fall on an icy courthouse step … a collision with a county vehicle driven by a county employee performing his lawful duties … yet no one expected “the system of things” to “right itself” on the backs of phony documents, did they?

There comes a breaking point, when someone has to “cry Uncle”!   … and this is that breaking point.  There has to be a way to deal with phony assignments.  The system of things has had that in place all along.  We just didn’t realize it … and what it was going to take to make it work the way it’s supposed to.

There’s more to the story in the final segment (Part 10) of these posts, so stay tuned!

 

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