Tag Archives: The C & E on Steroids!

The Justice System has FAILED us!

(OP-ED)–The opinions expressed herein are that of the author’s only and should not be construed as legal advice.

It is unfortunate that the conservative thought process has to be jarred by liberalism … and just when we were starting to get ahead.

It’s even more unfortunate that the manner in which we conduct ourselves in the legal realm has been totally obliterated by the justice system, made up of elite oligarchs who only look out for their own pensions and care not about the people that can’t afford justice. These judges will listen to the banks before they listen to the people affected by the contract they signed.

My latest machination involves the affidavit that was issued by a “special agent” from the federal whatchamacallits, which was totally redacted by the justice department, which has sought to (indirectly) attack every Christian conservative in the name of liberalism. When one can forum shop for a judge to get a warrant signed … a warrant that would further divide America because of its very nature in attacking a former president who actually did produce positive results, (despite all of the attacks against him during his tenure in office), this justice system has failed us.

The higher elites in power have seen fit to find a Trump-hating judge to do their dirty-work in an attempt to keep Trump from running for office again. If the warrant is proven to be nothing more than hearsay, which I suspect it is, then the judge sitting on the Trump case is no better than the robed types that sit in foreclosure courts across the country, listening to banks’ attorneys, who don’t possess the note, say, “Take it from me, Your Honor, we own the note.” at face value and give the banks whatever they want, when in most cases, the lender (a REMIC trust), no longer even exists.

Foreclosure defense attorneys haven’t helped matters much. Half of them don’t even know how to argue a foreclosure matter or a forcible detainer action, half of them don’t understand that the REMIC’s investors may have been paid in full, which means the servicers are double and triple dipping on homeowners (borrowers) by claiming they represent the REMICs when they know too damned well, the REMICs are closed and were closed one year past their start-up date. These attorneys are also “officers of the court”. They know how to behave when in the “temple”. Singing Judas’s.

The attorneys that do know foreclosure defense are equally flustered because borrowers come to them, stating, “Hey, I’ve got a great case! You should represent me for free!” This kind of entitlement behavior, coupled with that of judges who just want to shove their size 9 (example) shoes up the foreclosure defense attorney’s ass every time he/she comes into court, has caused a number of the good attorneys to either stop doing foreclosure defense or quit practicing law altogether. Many wonder about the other half of the foreclosure defense attorneys and what makes them so special when they play “the delay game”. The judges know it. The attorneys know it. The borrowers don’t get it.

This is false hope. To think these attorneys can’t tell the court that the other side hasn’t proven it has standing to foreclose because the other side hasn’t proven the Plaintiff (and its investors) have been harmed, is beyond belief.

The simple question of … “If the house is sold Your Honor, who gets the proceeds?” goes right by the wayside. Or, in the alternative (as we know by example), you get a smart-ass judge that answers that question for the bank (or the servicer’s attorney), as “Pay me, I’ll figure it out.” This is when you know the court is corrupt because the judge has turned out to be an asshole.

Ever been to a rocket docket? I have. It’s pretty damned scary. Mar-A-Lago raid or no Mar-A-Lago raid, a whole courtroom of homeowners gets cleared out (totally foreclosed on) with maybe 2 cases held over for trial out of all of the 300 cases coming before that court on its weekly docket. The judges have been ordered by their superiors to “clear the docket”, no matter who they shit on. That, does not make them a great judge. In fact, it makes them a shitty judge. When a judge rules against a homeowner based on emotion and hearsay from the lender’s attorney and its fully-trained lying witness, you have bad justice.

This is why this go-round of foreclosures is going to be even tougher of a nut to crack … all because the justice system has been perverted by the entitled elite, the crooked banks whose noses are clear up the judges’ asses and the good ‘ol boy club (the Bar) who threatens attorneys with disbarment for standing up to a judge.

Any judge that will sign an affidavit based on hearsay and then allow the affiant’s name to be redacted from view of those whom he has accused, speaks ill of not only the affiant, but the prosecutor and the judge as well. Mar-A-Lago is only the tip of the iceberg. Trump is not in foreclosure. Trump has not been screwed over by the banks. The raid gave him impetus to run again because nearly 80+ million voters to attempted to return him to office a second time now feel disenfranchised. Judges won’t hear a majority of the fraudulent election claims and that puts the entire system into a quandary.

Here’s a final thought … what would happen if you wrote a check to the REMIC for the full amount you owed and made it a restrictive endorsement only to the REMIC? Chances are, it’d never get cashed because the REMIC no longer exists. A borrower in Florida did just that, twice, and his check (for attorney’s fees), paid to the REMIC itself using a restrictive indorsement, as directed by the court, still hasn’t gotten cashed. Makes you wonder why more folks haven’t used that tactic.

What would the failed justice system do to “fix” that to “out” the very entities that will screw them in the process?

The C & E on Steroids! is a must if you’re NOT in foreclosure YET, but you suspect some shady shit going on in the land records.

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Vindication Comes In Small Packages

(BREAKING NEWS) — The author of this post is also the author of the Forensic Examination of the Osceola County, Florida public records. The Examination was conducted in July of 2014 by an 8-member team, with the information compiled and delivered to the Osceola County Clerk of the Circuit Court, Hon. Armando Ramirez (now retired) by the author of this post on December 30, 2014 by DK Consultants LLC of Texas. The examination was supervised by a bar-licensed attorney, Allen D. West, Esq. (Redondo Beach, California) and paid for out of Osceola County funds. The results are made a part of this post. This is a report, not an indictment; however, the author has been getting calls from attorneys and homeowners all over the U.S. who have downloaded this report and discovered similarities between the information contained in this report and their own legal scenarios. The author of this post serves as a consultant to homeowners and their attorneys in foreclosure and title matters.

NOTE: The report does not constitute legal advice and the exhibits that were attached to this report are voluminous; thus, any request by the readers of this post for viewing of the exhibits should be sent to cloudedtitles@gmail.com. Because some of the exhibits are NOT in PDF format, there may be a charge assessed for procurement of certain exhibits.

The reason for the article on vindication is due to recent events occurring within a court case in the State of Kansas in the U.S. District Court, Wichita Division, where the Osceola County Forensic Examination was cited, under protest, with a motion to strike made by attorneys for the Bank of New York Mellon, which was denied by the Court. This means the Osceola County Forensic Examination sticks as evidence in the case. Needless to say, the lawyers for BONY Mellon were not happy. The Amended Complaint is shown below:

The interesting thing about court cases is that homeowners get discovery. The author of this post sees certain things he would have suggested been done differently. The author is expecting a call from chief counsel for the Plaintiffs. This attorney (at one time) was the U.S. Attorney for the District of Kansas, so he clearly understands the national gravity of the gravamen of this case.

This is not the author’s only audit of county land records. See below:

Ever since the 49 states attorneys general inked an agreement with the mortgage loan servicers, who were found to be the overseers of the suspect document manufacturing that most homeowners and their attorneys deem suspect, not soon after the ink was dry the servicers started up these fraudulent practices again. The only thing servicers understand is the threat of jail time. They have so much in their war chests they can fight multiple lawsuits in multiple venues. This worked in a case this author put together for an attorney in Florida, where the Lee County Circuit Court judge was directed (through a prayer in the pleadings) to order the Clerk of that Circuit Court to produce certified copies of the assignment of mortgage and power of attorney and submit it to the State’s Attorney for criminal referral and investigation. Soon after the counterclaim was filed, the homeowner’s attorney moved for depositions of the Defendants (the actual author, signer and notary of the assignment). This prompted a move by the servicer’s attorney to move for a settlement, which included a withdrawal of the counterclaim with prejudice. What scared the servicer and its attorney is that they faced implications as accessories to the fraudulent documents complained about. The actual complaint was only 11 pages, plus 6 pages of exhibits. Do you think a judge would actually be in favor of reading such a short complaint? Easily explained. Easy to get through. No bitching. Just stated facts supported by two publicly-recorded documents and citations of the law supporting the action and requests for criminal referral. THAT is what scared the other side into submission.

By virtue of the fact (Paragraph 67 of the Amended Complaint shown in this post) that the Osceola County Forensic Examination was cited and allowed to remain in the complaint (which didn’t go far enough (IMHO) in going after the actual perpetrators themselves) clearly demonstrates vindication for all the crap the author and his team took in bring the Forensic Examination to light. The Kansas Court chose to recognize the report’s value, even though the bank’s attorneys referred to it (similarly to what Florida attorney Matt Weidner referred to it as on an Orlando TV station interview) as, “not worth the paper it was printed on.”

Again, the similarities contained in the report and the assertions made of the suspect fraud contained within the records themselves was enough to convince a federal judge to allow the report to remain on the record. Again, the 758-page report is a “report”, not an indictment. It was a legitimate report, considered fully legitimate by the Clerk of the Circuit Court of Osceola County, Florida, to be published on his website during his tenure in office. That report and the attorney opinion letter accompanying that report is still on the Clerk’s website, even though the Clerk changed hands when Hon. Armando Ramirez (84) retired. The new Clerk, Kelvin Soto, kept the documents in place, including the warning about filing false documents that pops up on the website (osceolaclerk.com) when you access it, which the author of this post helped to draft. Whether the filing of fraudulent documents in that county’s records still continues would be the subject of another forensic examination.

This is one of the reasons that this post’s author and attorney Allen D. West, Esq. taught a class in Las Vegas on The C & E on Steroids! which contains a book and an 8-DVD educational set with accompanying notes and templates on how the author and attorney West constructed the actual declaratory relief complaint. There are only 18 copies left of this kit (hint, hint). This author will not reprint any more of them. Those who are serious about pursuing this option will entertain its legal value.

Every aggrieved homeowner wants to see the signers of these fraudulent documents “hung from the gallows”; however, this will not happen unless you actually make the signers and creators of these documents themselves actual targets. They will “sing for their supper” and rat out their supervisors if put in the hot seat. It’s a small price to pay to see justice done, isn’t it? If you want to see a potential criminal RICO action spawn out of something so trivial, then entertaining an option like this might be well worth your time, effort and expense.

Most people don’t care about a single homeowner’s foreclosure action; however, this case in chief is not that. The homeowners paid off their mortgage! It’s WHO they paid is what’s at issue. They may have paid the wrong party! They can’t even get a legitimate satisfaction of mortgage! A title company examiner claimed their recorded release was suspect! How can they have marketable title? No reasonable person would buy their home, knowing that the wrong party might have been paid and that another party could come back in the future and attempt foreclosure on that same property. Slander of title is an actual damage. A criminal referral within such a case is more than just a slap on the wrist to a mortgage loan servicer. It’s damning and could open a Pandora’s Box the likes of which the servicing industry has yet to see but is all to necessary to vindicate everyone whose mortgage loans were securitized.

The foreclosure mess created by the banks is still plaguing the courts. The political corruption within the court systems in America continues to be exposed with the challenge by homeowners of each of their foreclosure cases, even bringing forth corrupt justices who continually side with the banks despite the overwhelming evidence of suspect documents being offered. The number of lawsuits, according to L. Randall Wray, Professor of Economics at the University of Missouri-Kansas City (in his past article, “Memo to Banks: You are Toast”), has exposed the fact that “the banks are getting sued from here to Pluto by homeowners, soldiers and sailors, Fannie and Freddie, PIMCO, the NYFed, and just about anybody with access to a lawyer. And, increasingly, the banks are losing.”

Even though this article was published in 2011, the suits continue and banks don’t want to lose more cases. They would rather settle than create bad case law for themselves. Can you blame them for not wanting to go to jail in addition to pay out fines and restitution. The day of real judgment is coming.

Vindication, no matter how small, is still sweet.

Dave Krieger is also a national talk show host on The Power Hour, which airs Monday-Friday from 11:00 a.m. to 1:00 p.m. (Central Time) on radio stations across America, as well as rebroadcasted worldwide on shortwave (7.490 mHz) and streaming live on The Power Hour’s website. Programs are archived daily on the website.

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