Tag Archives: The Credit Restoration Primer

AND THE WINNER IS …

BREAKING NEWS — (with a little Op-Ed thrown in for good measure) … 

Those bumbling “talking heads” … 

The “talking heads” of all the major media networks were tripping all over themselves (during election night coverage) trying to “save face” for the “talking down” on one candidate in favor of another.

No matter.  If I was president, I would make sure that every media mouth was accounted for and access to the White House would be a major “hoop jumping” to get a media credential. Our U.S. media cannot be trusted with reporting the truth.  Our U.S. media likes to “invent” news (or hadn’t you noticed?) instead of really investigating and reporting the truth (and not as they see it), the whole truth and nothing but the truth.  The outcome of the election clearly left the media machine speechless, faltering on-mic for comment in an attempt to backpedal on their foolish pre-election hoopla. I shut the TV off at 2:15 a.m. and decided to wait for the early morning voting results to filter in.

Clearly however, I think both conservative and moderate American taxpayers have risen up and seriously spoken in favor of change away from the “status quo”.  That “status quo” includes Wall Street control of this country.  However, other changes that manifested themselves last night were overshadowed by a surprising upset by The Donald.  We now have a House and Senate that have a Republican majority under a Republican President.  As I said earlier, regarding the lesser of two evils, many of the facets of the Old School System are still in place, including the banking cartels and their influence in Congress.  The only thing that can make a difference is a presidential veto when the laws coming forward are clearly wrong.  Sadly, the “rank and file” are still in position to make pro-bank laws, in conflict with what the majority of the American people plainly stated in their popular vote. Until the American taxpayers actually make a change in the way they do business, the rank and file will continue to make their lives miserable.  Also keep in mind that the socialist vote (those who voted for Hillary) still went to the polls and voted for socialism.  They will still be a force to be reckoned with in the shallowed halls of Congress.

The voice of the people was heard in Osceola County, Florida! 

One thing is for sure however … Armando Ramirez was re-elected as the Clerk of the Circuit Court for Osceola County, Florida by well more than a slim margin, despite the rantings of the media about conducting a Forensic Examination of his official real property and court records.

050113_armandoramirez osceola-clerk-tally

In many ways, I feel mildly vindicated, as I authored that 758-page Report.  I too came under personal attack from the Orlando Smutinel and other rags and media outlets for something that happened to me over 20 years ago.  I believe that the people have faith in Mr. Ramirez and his poll numbers demonstrated this.  It also says a lot for the numbers that have read the Report and have come to understand the real truth of the matter regarding their mortgage foreclosures.  The bottom line here is that no matter whether you’re a Democrat or a Republican, the voters love you if you do the right thing!  I believe Armando Ramirez stood up to public and political pressure from the corrupt Florida elitists and the local media and told his constituents: I hear you loud and clear!  There is a problem with the land records!  You don’t win elections unless the voters agree with you and it appears that the Osceola County rank and file don’t want to hear the truth … but the people who are affected do!

Mr. Ramirez’s devoted and loving wife Millie also held onto her position on the Soil and Water Board, Seat 4 – Osceola.  Congratulations to them both as they will wholeheartedly serve their constituents for another four years.  And I have a feeling the backlash from the Osceola County Forensic Examination is not over yet. From the looks of the voting results in both of their races, it appears the silent majority included both Democrats and Republicans who believe in the Ramirez’s.  The politically-influenced (by the rank and file) voted against them to no avail.  As Mr. Ramirez stated in the campaign:  “Let Justice flow like a stream, and righteousness like a river that never goes dry.” Amos 5:24

Speaking of “Justice” in Osceola County, Florida, Russell Gibson (D) was elected as the new Sheriff, replacing the outgoing Robert Hansel, who is leaving office amidst the scandal surrounding the investigation of the results (or the lack thereof) contained in the Report; and in retaliation of having to conduct an investigation with deputies tasering an innocent stepson of one of the examiners of the Report.  Mr. Gibson would do well to watch out for those around him (currently in positions within the Sheriff’s Department). It is rumored that Gibson may keep the “rank and file” that investigated the Report in place; in fact, even promoting them.  This would be a mistake if this rumor is found to be true. These “people” demonstrated by their response to the Report, on Hansel’s behalf, that they know Osceola County, Florida may have illegally evicted thousands of homeowners based on fraudulent documents recorded in the Osceola County real property records and then relied upon in court by servicers and their attorneys, who are suspect of committing perjury on the courts, among other things.  The civil liability for these “errors” would be into the billions and they know it.  That’s why Sgt. Toby Hawkins told Al West, the attorney who was present in the February 9, 2015 meeting to “shut up” when Mr. West asked him about potential exposure (meaning civil liability).  Let’s face it folks … filing fraudulent documents is a felony in Florida and no one seems to want to enforce it, for now.

On the other side of the coin, Aramis Ayala ran unopposed and was elected as Florida’s 9th Circuit States Attorney.  Mr. Ramirez has already spoken to her about re-opening the investigation into the allegations made into the Report.  I’m sure Ms. Ayala will not make the same mistake that her predecessor, Jeff Ashton, did.  Oh wait, he was too busy playing around on AshleyMadison.com to investigate the contents of the Report, right?  I maintain that the felonies that were discovered and reported in the Forensic Examination can be found to be continually occurring to this date.  I can come up with a whole new set of allegations if I changed the dates on the search engines in the county land records from June 1, 2014 to June 1, 2016.  I’d find the same suspect fraudulent recordings that would carry with them all sort of felony charges.  It is about time Wall Street and all of the players below it that are assisting in the facilitation of servicer fraud get their just desserts. I still want my time in front of the 9th Circuit Grand Jury.

I’m sorry folks … but the Osceola County Sheriff’s Department is NOT going to get away with their feeble investigative denials.  As the incoming politician, Mr. Gibson should take note.  Any subsequent investigation will probably be taken out of his hands anyway, because the rank and file subordination catering to his office: (a.) think that securitization is like an annuity; and (b.) don’t believe in investigating crimes that could point a finger back at them.  Admitting responsibility for error is simply something that one in power does NOT do.  This is what has divided America and this is what the voters in the majority have soundly made heard by putting a CEO in the White House instead of a Wall Street lapdog. Congress needs to wake up and realize this.  Ms. Ayala’s office is going to have to take the “bull by the horns” and wrestle it to the ground on its own.

On paper, the winner may have been Donald J. Trump.  But the next four years, with the rank and file still in positions of power in Congress, will still be “hell”, only now it will be “hell on steroids” with Republicans holding a majority in both the House and Senate.

The only saving grace is those who are exiting the current administration that were self-serving (or serving a socialist political agenda) … here’s a message from The Donald: YOU’RE FIRED!

Dave Krieger is the author of the books Clouded Titles, The Credit Restoration Primer and The Quiet Title War Manual, all available at CloudedTitles.com

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Filed under Breaking News, Op-Ed Piece

THE LAST QUIET TITLE WORKSHOP OF 2016!

BREAKING NEWS (from the poster)! 

For those of you who are planning to attend the Honolulu, Hawaii Quiet Title Workshop, please be advised of the following:

  1. This will be the last workshop of 2016 that Al West and I are doing together.  Either be there or miss out.
  2. This will be the last quiet title workshop that Al West and I are offering to the general public, due to lack of interest.  So, this is your last opportunity to have a powerful think tank at your disposal.  You can get the information on the workshop by clicking on the following links:
  3. QT WORKSHOP_HONOLULU_REGISTRATION FORM  (Please follow the instructions on the form!)
  4. QUIET TITLE WORKSHOP FLYER_HONOLULU  (I would recommend using discount hotel services to book your room and airfare, as our group discounts have expired!)
  5. I have decided to go a different direction involving my consulting work, which means I will be handling more attorney-based cases involving investors and homeowners who have retained counsel that is willing to accept consulting services; otherwise, I will only take cases on that basis.
  6. I am not a lawyer referral service; however, I can assist you in vetting attorneys, once you find them.  This will be done on a conference call basis for a flat fee of $75.00, payable by credit card in advance of the conference call.
  7. You can still purchase The Quiet Title War Manual, Clouded Titles and The Credit Restoration Primer from the Clouded Titles website.
  8. The online COTA Workshop is still in development and probably will not be ready until 2017.  If I become aware of any COTA Workshops being hosted by other entities in the future, I will inquire as to whether the folks who monitor this blog will be allowed to attend, at which point I will post the information accordingly.
  9. Any referrals to other consulting services outside of my immediate concern are the responsibility of those parties wishing to contact and contract with those services.  I no longer am working with outside parties who may or may not have further useful information to help you with your case.
  10. The rates on my COTAs now start at $1295.00 and go up from there.  I have a “full plate” and anticipate having a full plate for the next 3 years.  Despite what the banks, MERS and law enforcement have attempted to do in smearing me all over the media, with the help of a few self-proclaimed “investigators” who run  websites that state I ripped off the U. S. Government, I am still economically intact and am not going anywhere.  The Orlando Sentinel’s Henry Curtis got his story all wrong and was probably paid off by someone to write the article against the Osceola County Clerk in the first place, which makes his brand of journalism shoddy and unreliable at best, about as unreliable as you can get.  Any news outlet that would hire him would be a huge mistake and a disservice to the public at large. The current Osceola County Sheriff STILL isn’t running for re-election and the 9th Circuit State’s Attorney who refused to investigate the Forensic Examination commissioned by the Clerk was defeated in the Democratic primary last August.  The voters have awakened!

That being said … 

  1. I will still continue to post updated information on this site.  Once the online workshops are up, please note they are general in nature and are only there to help you formulate your research in conducting chain of title issues and will not offer legal advice, attorney referrals or any other subject matter information that is not relevant to chain of title.
  2. I will still continue to be the “foe” of MERS, MERSCORP Holdings, Inc. and the banks.  I am sick and tired of them and wish they were all in prison.  Unfortunately, the United States Government is in bed with the banks; yet the average, uninformed consumer still chooses to participate in impulse buying of homes they are NOT entitled to and cannot afford; thus, the same nonsense that plagued us in the 90’s and the millennia will continue to plague us for at least the next decade as the banks continue to water down the Dodd-Frank Act through their lobbyists.
  3. If you wish for Al West and I to come to your city to conduct a Quiet Title Workshop, there are firm parameters you will have to follow. You will have to guarantee 30 paid attendance for the event and the rate will be higher than what we normally charge to do a workshop and you will have to pay our travel to and from the event, plus meeting room and hotel rooms. No exceptions.
  4. I am still working on the FDCPA book.  This book is going to be a powerful think piece, in addition to all of the case citations, strategies and legal attack plans placed within this work, based on previous history of those who have been successful in such actions.  This has become the most formidable attack plan against the servicers and their law firms who lie in court about who they truly represent.  Yes folks, we are knee deep in servicer fraud.  In my estimation, the named plaintiff in a foreclosure suit does not know they’re the named plaintiff!
  5. The federal court systems (as well as the state court systems) are corrupt as hell!   Sure, there are a few judges out there that get it academically, but until you do your research and bring an adequate “game plan” to the table, all of the bad case law will continue to screw things up in the legal system because people may be mad, but they’re still unprepared financially and in all aspects of their education involving legal matters.
  6. Most attorneys have figured out how to scam homeowners for monthly payments and give them nothing in return.  I am still getting email from homeowners who are concerned that they may have picked the wrong attorney to represent them.  I am not an attorney referral service, but I have a few that I work with that I have found to be reliable.  If you have started your litigation pro se however, they may choose not to work with you.
  7. Please do not contact me about TILA and RESPA issues. That is not my focus.  There is narrow case law in these areas and you still aren’t going to get and free house, despite what anyone tells you.  I have been contacted by United States Treasury Agents regarding certain claims made by firms who tell consumers that all they have to do is file a rescission and they get a free house.  Unlike what happened to me 20 years ago, it is not me that is the target here.
  8. I will continue to do county land record audits.  If you know of someone who needs (or has indicated) they want one done, please let me know. If you’re in California, Al West will show the County Recorder how they can get a county land record audit done without the charges coming out of their budgets.
  9. Al West and I are still working on projects together.  Al West and I will be at the U.S. 9th Circuit Court of Appeals hearings on MERSCORP v. Robinson.  Yes, I authored quite a bit of the reply brief and I am very well aware (as MERS is) of the fact that MERS sent a mole in to bug our Las Vegas Quiet Title Workshop. I found out about that from information supplied to me that originated through a federal judge in Maryland. It would appear to indicate to me that the folks at MERSCORP Holdings, Inc. (and the U.S. government) understand that I am “not going away any time soon” … and if I do, it will be by their hand and their doing and not mine!  We are still coordinating efforts regarding certain AWL and ABC mortgage loans. We are also handling IRS Whistleblower cases!
  10. In certain matters, I may also be testifying in court. This still does NOT make me an expert witness. Please do not contact me to testify at your hearing or at trial.  If subpoenaed without my knowledge or consent, consider me a hostile witness ab initio.  I still want my day in front of the grand jury, be it state or federal.  I have a lot to tell them and show them.

Beware of whack jobs that continue to dwell on what happened to me 20 years ago.  As attorney Lynn Szymoniak eloquently put it … “it doesn’t matter what he did 20 years ago, what matters is what he’s doing now!”  If Ms. Szymoniak didn’t believe in what I was doing, she would NOT have shown up to my COTA Workshop to lecture to the class.  Please support The Housing Justice Foundation.

Finally, when I’m done with the FDCPA book, I am going to pick up where I left off and finish the “other book” I have been working on … a book which explains in detail what happened to me 20 years ago, the American legal system, American politics in general, and why Americans are becoming polarized in certain aspects of society.  The U. S. Government will definitely NOT like what is in this “other book” (although it’s not as dicey as “Snowden”).  If you get a chance to see that movie … this man should be exonerated and not indicted.  He just sent a warning shot to all of you out there that think you’re “secure” when you’re anything but.

No, I’m not a doom-and-gloomer.  Like many of you out there who are evaluating your future plans and strategies, that is a wise move in my book. Remember, the U. S. government is paranoid as a whole and government employees believe everything Uncle Sam tells them.  I have found trusts to be quite handy these days.

 

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Filed under Breaking News, Chain of Title Education, Financial Education, Quiet Title Education

WHY IT PAYS TO BECOME A PART OF AMERICAN HISTORY

(Op-Ed, Financial Education)

There are two key fundamental reasons why America is in financial trouble.

Keep reading to find out what these two reasons are.

QT Workshop Superflyer Web

REASON #1: The United States government promotes getting into debt by writing checks its body can’t cash. 

I only need to go as far back as 1913. This is the year that then-President Woodrow Wilson signed the Federal Reserve Act into law.  What followed was government borrowing from a “private central bank”; increased government spending, on credit to expand the country’s infrastructure, with the mindset to expand the illusion of credit to all Americans; and to further illustrate, by example, government extravagance and government waste, setting a bad example for Americans to follow.

REASON #2: Children learn what they live (by example) and most of America has followed a bad example set by our elected leadership.

I only need to mention the Great Depression of 1929, when the stock markets crashed.  Investors who lost their shirts became depressed and jumped out of windows to their deaths. Many Americans, especially those who drank the “kool aid pontification” known as “The American Dream”, subscribed to the rantings of our predecessors, and got themselves in over their heads and ended up suffering terribly, which is why you can go back to those days and see pictures of soup and bread lines.  Most of the pictures I remember however, did not adequately describe the destitution of American families.

breadline-1

Notice the policemen standing next to this line of half-starved Americans?  That was to maintain order.  Today, we have the National Guard, who is well-fed when crisis strikes thanks to our tax dollars, spent to prop up and maintain stabilization of this country’s infrastructure.

Let’s relate the crisis of long ago to another crisis much later in American history.

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Notice the military presence in this post-hurricane Katrina photo taken outside of Louisiana’s Superdome?  It took weeks for the American government to actually restore any semblance of order, so much so in fact, that Blackwater mercenaries were hired to patrol the streets to keep the peace.

Had most Americans NOT subscribed to drinking the “kool aid”, we would not be programmed to believe that we are entitled to “something for nothing”.  This is what is now known as the “Age of Entitlement”.  We now have Social Security, which I call “welfare for seniors”, especially when we learn that the U. S. government has been spending out of that fund and raising the retirement age to accommodate the shortfalls due to government waste.

Misconceptions are learned behaviors … 

It is no secret that better than 95% of Americans lack financial education. They blatantly were not taught the economics of financial management unless they went to college and majored in it.  They had to pay for that education, which was taught to them at the secondary level of their lives (if in fact, you got that far).  Even then, those WITH a college education also subscribed to drinking the kool aid because look how many “higher end” homes sit empty because people bit off more than they could chew.  Many Americans subscribed to the belief that going to college and getting a degree automatically meant that you were going to have a great job upon graduating.  Even attorneys leaving law school found themselves biting on the misconceptions that their “shingles” would get them a million-dollar-a-year salary, which we know not to be true.  I personally know for a fact that many attorneys majored in “party” in law school, judging by what I saw on their credit reports that I was made privy to because I did credit restoration for some of them because they didn’t have time to do it themselves.

People are conditioned to an errant lifestyle based on what they see.

Children learn what they live. My parents left me with the impression of “all good things come to those who are willing to work to earn it”.  Many Americans are conditioned to believe that their government will take care of them.  Does the post-Katrina picture represent that thought?  If Americans were truly educated, financially educated, and seriously prepared, this country would not be financially suffering to the degree that it is.  We still suffer from Wall Street, which does NOT represent the mom-and-pop businesses that truly run this economy.  We continue to suffer from corporate oligarchy, fed by the mainstream of illegitimate behavior of quantitative analysts (“quants”) who designed this system of credit (default swaps) where Americans could now begin to borrow with very little down because I believe that Wall Street has other ideas in mind … ideas to take over American homeownership and make it its own “American Dream”, off the backs of hard-working Americans.

Those who don’t work, don’t eat! 

It’s hard to grasp being on welfare. I was on unemployment once, when I was very young.  I didn’t like it.  I vowed at that point to become self-employed because no one could take away my right to earn a living by providing a product or service of my own.  This is why I decided to start teaching people what I researched about the economy, chain of title, quieting title and a host of other investment and litigation strategies.  It is amazing to see how few Americans are only willing to undertake this type of research unless they become part of the “affected class” of those either facing foreclosure or have been evicted from their homes and are placed in a condition of economic slavery.  Even government money runs out when you’re on welfare.  You can only “milk the system” for so long, before the system has nothing left to give.

Financial suppression is by design!

Most Americans have come to believe that we live in the land of plenty.  “Plenty” is great, until you have to pay for it.  This is why I offer the following observations regarding smarter financial behavior to counter the intentions of the corporate oligarchy in America:

Explore and investigate the credit markets.  The biggest misconception is that having a mortgage is like having “good debt”.  There is no such thing as “good debt”. When you owe someone, you’re a slave to them and you have to answer to them when you can’t or don’t pay what you owe them.  Using any kind of credit should be done strategically.  Avoid 30-year mortgages!  You spend most of your life paying interest on credit that was created on paper based on the lending ratio of some bank. If you’re going to take out a mortgage, do it on a 10-year or 15-year note, because this will force you to spend less and put more money down.  Sure, that means a higher payment, but it forces you to borrow less, which brings me to Point #2.

If you see a bleak future on your financial horizon, it’s time to downsize.  This means you would first unload what you find you didn’t need in the first place.    Sure, you enjoyed what you had, but everything you purchase has a life expectancy.  While your item still has some value, evaluate its resale worthiness and put it “out to pasture”.  There are free websites like Craigslist and Wallapop that you can unload these items.  I’ve found many consumers using eBay to make a living from home just buying cheap and selling for more.  A mother of 3 who is living in a home facing foreclosure told me she goes to garage sales and buys 25-cent items and sells them on eBay for as much as $40.00 because “people will buy anything on eBay”, as she noted.  Sure there are fees involved, but the right deals can sell within 3 days, and there is your source of income.  So before you have a garage sale and unload your stuff cheap, look to these markets to strategically downsize and put your cash flow back in order.

If you need to sell your home because it’s “too much home”, that means you’ve bitten off way more than you could chew!  Sure, that new home looks nice, but owning one comes with responsibilities that most Americans don’t plan for, like increased taxes, assessments and utilities (most Americans fail to structure their home purchases to adequately accommodate their cash flow).  There are new strategies for acquiring real estate, which is one of the things I teach in both the Quiet Title Workshop and the Chain of Title Assessment Workshop.  For example, the home I bought in 2012 went for $150,000 less than what it was worth in 2006.  When I bought the property, I bought it on “my terms” from the bank on a 15-year note.  I now am paying more principal than interest with $143, 500 in equity value in the home.  My mortgage payments are less than rent.  I anticipate holding onto this property for about 2-3 more years and then selling it and going mortgage free.

If you’re starting from scratch, “buck the norm” and buy land owner financed.  In fact, many Americans I know did what I did and acquired land through government programs and flipped that property and made money with it.  I actually sold my way out of $35,000 worth of debt in a stroke of a pen by liquidating a 12-acre parcel in Austin, Texas I paid $60,000 for and later sold for $109,000, which led to me buying a smaller piece of property east of Austin and plunking a mobile home on it.  Mortgage free for four years!  Due to unfortunate family circumstances, I had to move to take care of my ailing mother (like many of you have had to do, the right thing) and that meant “buying smart” in a short-term investment.  I owed almost $12,000 on the land when I sold it for $40,000 cash to an investor who wanted it for his daughter.  I netted $27,000, which served as part of my down payment on what I own now.  I intend on doing a cash out property purchase again within five (5) years.  I intend on green building on that property, for cash and once again, being mortgage free.

If we HAVE TO take on debt, but we should be doing it strategically and not just on a whim.  I point to Donald Trump, who could soon be our next President.  Look how many times he has flushed a project into bankruptcy to restructure debt.  It’s pure strategy.  You should learn from him because he hasn’t taken one red cent from any special interest group, so if he is elected, he will not be beholden to anyone and can operate without having to kiss unwanted constituents’ asses.  Look into “the Donald’s” past if you don’t believe me.  It may not be any prettier a picture than the Clinton’s, but he is riding on a different set of principles than socialism, because he worked for what he has.  He didn’t have his hand out and his wealth was strategically invested.  That is a lesson you can learn from, because The Donald is not yet part of our government, other than paying the minimal amount of taxes he owes, which brings me to my next point.

If you find that there is more month at the end of the money, it’s time to restructure your life and diversify.  Why do you think I started up multiple LLCs?  To diversify my income streams.  For starters, the IRS audits sole proprietors well more than it does corporations and I write off substantially well more as the managing member of an LLC than I can as a sole proprietor, plus I get the benefits of asset protection.  If everyone did this, our government would be in trouble because most Americans would finally come to understand “tax avoidance”, which is perfectly legal.  (I’m taking my example from The Donald!)

If you believe that Social Security will be around in your future, think again!   A long time ago, Dr. Gary North (one of the late President Reagan’s economic advisors) dubbed the Social Security System as one big Ponzi scheme that has been legalized by the U. S. Government.  I believe he was right.  I have noticed that since I set up these limited liability companies, I pay less and less into Social Security.  To many, this seems foolish because they have become dependent on “the system”.  I call it “welfare for seniors”, even if the comment is slighted.  Those seniors will tell you (because they’ve been programmed to tell you) that you earned that money, so you should get it back when you retire.  Which brings me to my next point …

There is no such thing as “retirement”!  This is another fallacy promoted by the United States government that you should avoid like the plague!  The word “retire” was used twice in the Bible (in the Old Testament, to describe retiring to your tent to rest, only to get up the next day to go back to work), which accompanies the saying, “If you don’t work, you don’t eat!”   I’ve lived by that credo since I became self-employed in 1982, when I set up my first corporation.  As with everything, there is a learning curve.  Study the ways of the rich and you can live comfortably off of income streams and not work as hard.  Then you can do what I do, which is to teach others how to make a great living!

In 2017, I plan on restructuring my teaching methods.  After February of next year, I will no longer be taking my seminars on the road but instead will be taking them online in the form of webinars.  I will never quit consulting on foreclosure cases.  I will continue to do COTAs and continue to fight for the little guy who has been abused by the system and the banking cartels who have set up their corporate oligarchies in this country for the purposes of putting us all in financial slavery.  You can’t retire if you can’t eat.  Thus, most of America will soon be facing a more serious conundrum of having little to no savings to retire on because of poor financial planning.

You see, all of this is cyclical.  I do not subscribe to doom-and-gloom prophecies, yet I am still “prepared” for an emergency, which bring me to my next point:

Prepare for emergencies!  Please do not go out and do what I did in 1999 (buying up surplus food and supplies to feed an army for a year) prior to Y2K.  While we learn from our mistakes, it is still wise to: (a.) keep at least a month’s worth of cash reserves on hand just in case; (b.) restructure your debt service so your cash flow becomes more manageable in the event of an emergency; and (c.) restructure your cash flow to accommodate your future, so emergencies will not affect you.  When you are not placed in a position of destitution, you will not have to depend on others for your sustenance when all hell breaks loose, either in the civil realm or in the financial markets.  Cash flow streams that are based solely on rental incomes are even more dangerous if your renters can’t pay and your properties are mortgaged.   If you find yourself with too many mortgaged rental properties, refer to my comments on downsizing, because an emergency situation involving any one of these properties could put you in the poor house overnight, because that’s how “the domino effect” came about in the world of finance.  I find it easier to own one or two rental properties that I paid cash for; that way, in an emergency, they are more manageable because there isn’t a debt load tied to them.

People ask me about food storage.  I think that having a 3-month supply of food in the home is sufficient.  It is not necessary to stock up on C-rations, because in the event of military unrest, you can bet your military (who lives on these items) will enjoy taking them from you.  You should have ample first aid supplies in case of a medical emergency.  After having delivered my last child at home, I even have an OB kit in my supplies, because you never know, right?

My ultimate quest is to live off the grid.  I see myself doing that within ten (10) years … and my income stream (as I have learned), based on tax avoidance, will be the basis of my existence.  And finally …

Put yourself in a position to help others!  This is why I set up a consulting firm … to provide research and assistance (not legal advice) to those who are financially affected by foreclosure.  This is why I wrote three books on the subjects I researched and lived by personal experience.  They are all available on the Clouded Titles website!  I wrote The Credit Restoration Primer because I used the information to clean up my credit reports, so I sought to help others by sharing what I did in book form.   I wrote Clouded Titles because of what I went through (and suffered through) as the result of the foreclosure crisis, so I sought to help others by sharing my research on the cause and effect scenarios and who was behind them.  I wrote The Quiet Title War Manual because of my experiences quieting title to property, and because I had a great teacher in Al West, who co-lectures the Quiet Title Workshops with me.  Mr. West is a California attorney, who is a super lawyer in my book. He does this willingly because he wants to help homeowners.  Those additional speakers that are coming in to share information with me in the upcoming June Chain of Title Assessment Workshop in New York?  They volunteered to share what they know because they want to help homeowners and their attorneys learn a thing or two … the nuggets that could help save a home rather than lose one based on legal folly by the unlearned.

An investment in your future starts with investing in yourself!   We share what we do because we believe in America and we do not like seeing others suffer at the expense of unclean hands.

COTA FLYER NEW YORK_2016

 

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Filed under Chain of Title Education, Financial Education, Op-Ed Piece, Quiet Title Education

WHY “TOO BIG TO FAIL” IS A FALLACY … THE ECONOMY CAN SURVIVE WITHOUT THE BIG BANKS

The author of this blog post is a consultant to attorneys in mortgage foreclosure cases and the information shared in this particular piece should not be construed as legal advice (but rather as common sense suggestions to live by).  

Visit http://www.cloudedtitles.com for more information.

NO ONE GETS A FREE HOUSE! 

That includes you too, Mr. Banker!  If you can prove you own the mortgage and the note because you shredded (spoliated) or lost your paperwork, then you can’t foreclose.  It’s that simple. Yet daily, judicial state courts are cutting corners by allowing manufactured “crap” to be entered as evidence with no questions asked.  If you can even show bearer paper, whether you own the note or not, you seemingly get a “go pass” to take the house.  This may not be the “norm” for much longer.   Why?  Because many Americans are waking up and the ones with money to fight are getting smarter.  Knowledge is power folks and the reason I started Chain of Title Assessment Workshops up in the first place is to start the educational process into the “who, what, when, where and why” we are faced with this mortgage foreclosure dilemma in the first place.

The fact that homeowners and their attorneys do not rebut the foreclosure mill attorney’s slanderous comments made in court (i.e., “These people are deadbeats, your Honor!”; “These people just want a free house, your Honor!”, etc.) with, “Defendant’s counsel reserves the right to behave and make slanderous comments in the same manner as the Plaintiff’s (bank’s) counsel is doing!” shows a lack of chutzpah on the part of the foreclosure defense attorney.  Further, if the judges are going to allow fraud to be committed upon their courts, then they should be unseated and not allowed to serve on the bench.  A prime example of the type of action to reduce foreclosure tyranny was in the Florida court of Judge Diana Lewis (who was replaced by Jessica Tictin, a former foreclosure defense attorney) in the last election.  Judges need to understand that when confronted with foreclosure issues (robosigning, fraudulent documents, notary fraud, computer-manipulated documentation, etc.) they need to allow discovery and thus stop attempting to “clear the dockets” in the name of judicial expediency.  But then again, this is why we have appellate courts.  This is why there is no free house.  Anyone with equity in their home, especially substantial equity, can certainly understand why planning an appeal from the beginning is the most important part of the legal process.  Just simply throwing claims of fraud on paper proves nothing without evidence.  Retaining auditors to do various “independent examinations” of your records is NOT evidence either (and can and will be tossed out as evidence), because these audits and examinations rely on multiple sources which have to be deposed and this is where the fight in the civil realm can be costly.

Here’s some more “cud to ruminate on” … as long as the banks and their attorneys are going to treat you like goyim:

1. Whether or not you may claim that you were defrauded, no one held a gun to your head to sign the mortgage and note at closing. 

If you got one of these subprime loans that are referred to as NINJA (no income, no job, no assets) or “liar loans”, then it is clear that: (a.) you probably did not understand what you were signing at closing; (b.) the lender you borrowed the money from probably misrepresented its position to you in the equation called “securitization”; and (c.) you did not get the proper financial education in high school or college, enough to understand why you had rights ab initio. You will be faced with these aspects as soon as you enter the courtroom, because many judges pay their mortgages every month and they’ll certainly want to know why you’re not paying yours.  If you don’t have equity, then how can you do equity?  That works in reverse against the banks as well.

2. Ask yourself why you didn’t ask more questions at closing, like, “What is this MERS listed on my mortgage or deed of trust?”  

Ah … you knew I’d get to this point sooner or later, right?

MERS is a private corporation owned by MERSCORP Holdings, Inc. (who used to be known as MERSCORP, Inc.).  Both of these separate corporations were formed in Delaware and are statutory creatures of that State.  You wonder why banks incorporate in Delaware?  It’s because of the tax and other legal advantages that State offers them (like South Dakota).  By not asking for a copy of the mortgage and note you’re going to sign beforehand to examine it for potential pitfalls is just another “sign” that your financial education was lacking.  So here’s some homework …

(a.) Study the Gramm-Leach-Bliley Act.  Get the list of all of those currently-serving Senators and Congresspersons who voted for it and seek to get them voted out of office.  They did the “greater good” wrong by repealing the Glass-Steagall Act (another thing you need to research).  This Act kept the banks out of the securities business.   By the passing of Gramm-Leach-Bliley, in 1999, that more mortgage market chicanery was to follow.  You need to understand the serious nature of what happened to America as a whole when the banks were allowed to securitize mortgages.  The repeal of Glass-Steagall put the screws to America as we know it.

(b.) It’s no secret that MERS and MERSCORP officially started business on January 1, 1999.  They did not register to do business in all states. Perhaps you should look into whether they were registered to do business in your state at the time you got your loan because that may have an impact on whether they have standing to pursue a claim against you. It is no secret that MERS claims one thing to its members (who deliberately misuse and abuse the MERS® System to facilitate fraudulent, self-assigned assignments using MERS’s name as a precursor to foreclosure) while deceiving homeowners by not disclosing ALL of the aspects of who MERSCORP Holdings and the MERS® System are.  You need to know all of the facts.  This is why I wrote the book “Clouded Titles” … because that is what ends up eventually being created as an “issue” because MERS is shown on your mortgage or deed of trust.

(c.) “Study to show thyself approved … rightly dividing the Word of Truth.”  This is not just a simple Biblical paraphrase, but it must be what all decent, hard-working Americans must do if they are going to survive.  We must all come to know the law at some point and everyone needs to study THIS sets of laws (real property, rules of civil procedure and rules of evidence) if you are going to survive legal challenges in today’s court systems.  If you go into court exuding that you deserve a “free house” because you were “defrauded” with no proof or evidence or money to back up what you’re claiming, then you have no right to be in court in the first place!  By going into court and claiming non-provable issues, you make bad case law for everyone else who can come forward with justiciable issues of controversy.  It’s the old saying, “one step forward … two steps back” each time a homeowner goes into court unprepared and badly financed to undertake what could turn out to be protracted litigation, because the banks will do everything in their power to outspend you.

3. You can’t stop a foreclosure based on your good looks!  

In non-judicial states, the only way to stop a foreclosure is to file a lawsuit and obtain a temporary restraining order (“TRO”) to keep the lender from foreclosing on you by publication and sale.  It may be that the “servicer” or one of its henchmen, known as a “substitute trustee” (because we can’t have the good ‘ol boy title companies who signed on as original trustees foreclosing on you now, can we?  That’d be bad for business because no one would trust them) is the party conducting the foreclosure.  In deed of trust states, the note is not required to be demonstrated in a “prove up” type hearing (as in judicial states, where court litigation to foreclose is mandated by law).  This is why the banks all wish that every state was non-judicial (so they can steal anyone’s home any time they want to, whether you have a mortgage or not) because of the low-cost benefits of publication and sale.  So simply going into court with the, “somebody done somebody wrong” song just doesn’t cut it when you don’t have your facts straight.  The big banks and the trust entities doing the foreclosing these days have already gotten out in front of the frauds they created when they loaned you the money in the first place and sealed off many of the defenses you might be able to claim (but that doesn’t mean you still don’t have a shot at them).   I invite you to get a copy of Robert M. Janes’ book “Fighting the Foreclosure Machine” and study it thoroughly.  It’s the type of simple investment you need to have before you enter the foreclosure arena and attempt to fight “the Monster”.

TO BIG TO JAIL?  REALLY?

Just because we put the heads of the major banking cartels in prison for doing all of this does NOT mean that their banks are going to fail and the American economy will be ruined.  There are plenty of smaller state banks and credit unions out there to pick up the slack if the big banks get broken up or their CEO’s end up behind bars.  To put this fallacy to rest, visit Ellen Brown’s website or get the book “Web of Debt” and understand exactly what happened to you in all this mess.  Brown makes a great argument as to why the Bank of North Dakota is successful and why every State in the Union should create a bank modeled after it.  Visit her website at http://www.ellenbrown.com.   Brown attempted an unsuccessful bid for the California State Treasurer’s office.  

If we had not been suckered into believing that every American deserves a home of their own and then plied with subprime mortgages, we would have no purpose in reporting on this foreclosure mess.  If we didn’t intimate that by having MERS on your mortgage or deed of trust would lead to a cloud on title, there would be no purpose for having Quiet Title Workshops.  New for 2015, these workshops are a way to further your education on your contractual rights within the mortgage and deed of trust and procedurally, to understand HOW a quiet title action is supposed to work.  It’s still one of the equitable remedies left to homeowners and after all, it is your evident contractual right to do so.

America will move forward when the masses become educated.  This blog site seeks to provide you with the information you need to survive.  What you do with that information once you have it is up to you.   You still have a vote.  Use it!

IT’S OKAY TO ADMIT YOU’VE MADE A MISTAKE!  

Just don’t keep repeating it.  In other words, if you got screwed by a MERS Mortgage or Deed of Trust, don’t enter into one the next time.  Here’s some tips that I utilize in my chest of stratagems:

1. I stopped borrowing money from the big banks.  I closed all of my personal and business accounts with them.  I deal with smaller state banks and credit unions.  Despite the “safe and secure” and “courteous service” crap the major banks ply you with, this too is a misperception.  Many people don’t deal with banks at all.  That’s your prerogative; however, in this day and age, convenience requires at least a debit card.

2. If you ever intend on purchasing a home, you at least need to establish some credit.  This is why I wrote The Credit Restoration Primer, now in its 5th edition (that means there were 4 previous reasons why I added new material to the existing books).  In this day and age, if you can’t pay cash, you will need at least a 680 credit score to get a decent mortgage.  My book can help you in your quest to get to that point.  I gave a copy of this book to all my children and told them to read it because I don’t want them repeating my mistakes when I first started out.  By the way, I bought a deed in lieu of foreclosure for $2,000 down and $360.00 a month on a property that the bank held the paper to (a small community bank).  The property had a house on 14.2 acres.  The deals are out there folks, you just need to explore!  The banks holding the paper just want someone who can pay the mortgage every month until it’s been satisfied in full.  The banks really don’t want to own real estate.  That’s why I like dealing with the smaller banks.

3. If you have to borrow, make sure MERS is NOT on your mortgage or deed of trust.   Insist on that.  If one bank or credit union can’t be of service because it’s a MERS member, find one that isn’t.  Find one that won’t sell your mortgage loan into the MERS® System either.  This is one way to protect your property’s title from the harm that is called unmarketability.  Insurability means nothing if your title has clouds on it!  Don’t be fooled by the misrepresentations of title companies.  Read SCHEDULE B on the average Homeowner’s Indemnity Policy and you’ll see what I mean.   Title companies are members of MERS too because they can “write around” defects created by the use of the MERS® System.

4. Get out of as much debt as you can and stop leaving paper trails.  I’m running into a lot of individuals these days that are buying up land and holding it. I know that’s a stretch for some of you but raw land generally hasn’t been molested by the MERS® System and its member-users and so it offers some simple advantages of potential tax write-offs (interest paid).  Many real estate agents don’t like selling raw land because many times, the purchaser’s intent is to build a small structure for cash, thus cutting them out of everything but a commission.  Having a mortgage is not good, especially when you have no income to make the monthly payment.  Getting America back to basics means starting with a “clean title” to a piece of raw land, because, as Will Rogers eloquently stated long ago, “They’re not making any more of it!”

Paper trails come by the misuse of credit cards.  I keep some on hand for incidental purchases and purchases of airfare and hotels for my seminars, because I know I will pay it back in full when the bill comes due and I will have generated write-offs as a result.  Paper trails are harmful if you spend money on frivolous things and use a credit card to do it with.  It shows you’re irresponsible with your money and your credit.  So, pay cash for your purchases when you can.  Many people who by my credit primer are using the material to wipe off existing debt and clean off their credit histories.  You will never disappear from society, despite what you think.  Technology forbids this.  They know where to find you, so stop being paranoid and start being proactive.

5. Filing bankruptcy is NOT an option.  If you have no credit cards or loads of unsecured debt to get rid of (and you’re only doing it to stall foreclosure), perhaps you need to restrategize and rethink your living ideals.  If people would stop buying “McMansions”, builders would stop building them.  The economy can survive quite nicely building 1000-1500 square foot homes.  Bankruptcy puts a kink in your credit for ten (10) years, even if it’s dismissed after it’s been filed.  Filing bankruptcy shows intent to discharge debt but it doesn’t relieve you from your mortgage or deed of trust as a security. The bank will eventually get it back (whether it legally can prove it owns it or not).  Even though bankruptcy is a strategy and doesn’t carry as much of a stigma as it used to, it still shows up on your credit report and at best, you will be “stalled out” for at least 2-3 years while you try to regroup.  If you have no equity in the house that’s being foreclosed on, taking a 150-point hit and moving on is a lot better than blowing all of your money fighting a court battle that if you lose, you’ll have nothing left to regroup on.

Last weekend, my wife visited Miami Beach and went for a walk to take in the sights.  We passed a homeless man sleeping on the street in a nook off of a busy sidewalk.  Of all places to be homeless.  Miami Beach.  Seriously?  This led to the conversation that the man was there by choice because everyone in America has the freedom to make choices.  A lot of people end up like this man because they: (a.) made the wrong choices; (b.) made the wrong choices more than once; and (c.) chose to have a pity party instead of rising to the occasion and doing something about it.

6. At some point, figure out a plan to pay off your existing mortgage.  Whether it’s by relocating to smaller digs or restructuring your finances by lightening your load (getting rid of things that aren’t making you money but are taking up space), come up with a game plan to completely get out of debt, including your mortgage.  Start with a 5-year plan.  Figure out what you will need to live on for that period of time, less taxes paid, and pay down on the principal with the difference every month.

Many people tell me they are “prepping”.  That would appear to indicate to mean (to me) that they don’t trust the economy or the government and are taking personal responsibility for doing something about it.  I never chastise preppers; however, they’ve made mistakes setting up camp too.  There is something to be said for “living like the Amish”.  I spent three years studying the ways of the Amish.  They seem to have a fundamentally great plan to survive in case everything “hits the fan”.  There’s nothing like being mortgage free when another crash occurs.  I believe it will.  Don’t ask me when … but I don’t believe it will be this year despite what all the doom-and-gloomers think.  Never hurts to plan though, right?

7. Only buy what you can afford.  America got into financial straits by greed and gluttony.  Just because you’ve made a mistake buying too much house doesn’t mean you can’t scale down.  This is America and you still have the opportunity to make choices.  By buying a modest home and not a McMansion, you’ll have time and more funds to do something constructive with your life, like blessing others.  People who have lots of money have a different set of problems.  America has gotten out of the “saving” habit.  Rather than leaving money in the bank to save, put it into real estate that will eventually pay you a return in one form or fashion.

8. Become proactive in your government.  Do things that will make a difference, like getting your land records audited or examined.  Change begins at home, even if it’s a small change.  Change your world by example for others to see and follow.   Don’t settle for mediocre just because it achieves a political whim.  Strive for a finite end to a problem and not just a stopgap to a symptom.  Your County Commission or Board of Supervisors is a great forum in making your voice heard (not to mention the networking opportunities with like-minded people).  Squeaky wheels get greased.

9. Keep your prepping activities to yourself.  It’s bad enough we have GPS and smartphones.  Don’t go broadcasting that you’ve stocked up or your neighbors who didn’t will know where to go when the store shelves are bare.  Don’t let others chastise you for your efforts.  After all, grandma and grandpa did this long ago because they knew there would be “rainy days” too.  Nothing has changed.  This is still America … land of the fee and home of the slave.  Don’t become a refugee like the homeless man in Miami Beach who chose his miserable lifestyle.  While it is sad we have tent cities to show for our misbehaviors, no one held a gun to our head to sign the mortgage and note, remember?  We need to take responsibility for our actions.

10. If you’re having trouble in a job, then retrain and move forward into another line of work.  Many times, certain jobs because obsolete.  I created a niche that will outlive me and I am sharing it with others who can also make a living doing what I do.  If retraining is part of your regrouping effort, then find a way to make it happen.  Living in a career where you are stagnating is as equally unproductive as it is unhealthy.  If you’re going to “suck off the government teat”, then at least make it a temporary thing and not a permanent one.

There are people who make things happen.

There are people who watch things happen.

There are people who wonder what happened.

I prefer not to be in the category with the last two.

 

 

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Filed under Chain of Title Education, Financial Education

Punishing the Financial Industry for its Bad Behavior

The author is a consultant and paralegal to attorneys handling matters in foreclosure defense and quiet title actions and is NOT authorized by any bar association to render legal advice.  If you need legal advice, contact an attorney that is well versed in such matters and not some attorney that wants to make you their “monthly annuity”.  This post is the author’s opinion only and is protected under the First Amendment of the U. S. Constitution. 

After the recent Chase $7-billion settlement publication notice throughout the media, it suddenly dawned on me exactly how much money the banks are willing to throw at government to avoid prosecution; and sadly, to be allowed to continue their typical behavior.  Also of interest, a law office (Hoffman) in Florida was raided by government officials because of an alleged foreclosure defense rescue scam, which could result in the prosecution and disbarment of a handful of attorneys.  While I applaud the efforts of Uncle Sam and his boys for taking the offensive posture to protect Americans from yet another alleged scam, the law firm obviously doesn’t have the reserves that Chase has to offset its legal issues.

Bank stockholders obviously still haven’t figured out what the banks are doing to the value of their stock every time one of these legal issues comes up.  Give me a reason why banks are profitable and I’ll give you ten reasons why you shouldn’t own bank stock … and I’m not a securities trader or broker either!

The only thing the banks don’t seem to understand (because it hasn’t happened yet) is the value of criminal prosecution.  Supposedly, criminal prosecution is a necessary evil because there are wrongdoers committing crimes against humanity and thus, laws and statutes were created to teach those who violate them a hard lesson.  While I don’t consider “Club Fed” a hard lesson, the last time we saw prosecutions of any value were to the likes of Lorraine Brown of DOCX fame and Lee Farkas and his cohorts at Taylor Bean & Whitaker.  Since then, there really haven’t been any “consequences” meted out to those responsible for the financial debacle of 2008, mainly because those responsible (and those who took bailout money from the government) simply throw money at their legal criminal issues to make them go away.

Since it’s obvious that many of those serving in most states’ legislatures have been “bought off” and many judges hold “bank” stock in their retirement portfolios, the situation seems bleak for any homeowner resolution to all of this mess.  In this piece, I endeavor to take a two-sided approach to this whole thing, which in the end, places the burden upon the counties themselves to effect some sort of criminal resolution, which I believe will result in the banks’ throwing money at the counties to make the criminal prosecutions by their local grand juries “go away” as well.

APPROACH #1: THE TASK TO CLEAN UP THE RECORDS SHOULD BE THAT OF THE COUNTIES, NOT THE U.S. GOVERNMENT!

With the latest “win” (at least in part) in Pennsylvania (go to the DK Consultants website to download a copy of the Order and Memorandum HERE) by Nancy Becker, standing up for those in her State who have been wronged by the MERS business model, more county recorders and registers of deeds (all 67 Pennsylvania counties were placed in the same similar class action scenario with Montgomery County, PA here) need to stand up for what is right and stop looking at the ministerial picture they were allegedly elected to partake in.  Again, as I’ve stated in earlier blog posts, if the county recorders and registers of deeds (and clerks and auditors) do not stand up for what is right NOW, there won’t be any credible land records to protect if this scenario is allowed to continue for another 15 years.  This, my friends, IS the definition of “Insanity” (doing the same thing for the next 15 years as you did for the last 15 years, expecting different results); and this will bring political and financial havoc on the counties to the likes that they’ve never seen before.

The County Clerks, Recorders and Registers of Deeds have a “Constituency”

It is time that these elected officials used their “constituency” to “lien on” the county district attorneys to prosecute criminal wrongdoing by the banks by utilizing the local county grand jury.  There are ways of making “crime pay”.  Here are my suggestions:

1. Start by having a forensic examination conducted of your land records.

It’s amazing what kind of issues can be uncovered in such an examination.  For example, if you start with the notaries public who supposedly “witnessed” these robosignors affix their signatures to suspect documents (maybe the grand jury will discover, to the dismay of the prosecutor), you may find out that the notaries didn’t actually (a.) physically witness the signatures; (b.) didn’t actually have personal knowledge of the capacity of the signors; (c.) sign and notarize the document, but allowed their signature to be affixed “electronically”, which means: (i.) they definitely didn’t record this entry into their notary log books or journals (if required by statute); and (ii.) they committed potential false swearing, which in many states is a felony.  Additionally, in many “signing rooms”, the notary stamps are already affixed to the document BEFORE the signors affixed their signatures (as evidenced in the DOCX scandal); and (d.) fill out the notarial execution as to: (i.) the means or basis of identification; (ii.) gender; and (iii.) plurality, which is a “marker” of document manufacturing.  Also, if the document was prepared by “A” in a location different from signor “B”, then signor “B” could NOT have had personal knowledge of the contents that preparer “A” had access to, much of which is based on hearsay data inputted by stranger “C” in some other part of the country who may not have had access to the entire Collateral File or was involved in the “business process”.

The exposure to the notary alone is worth going after their bond, which the County District Attorney can use to offset the cost of the prosecution. This means s/he could hire more investigators to look into the matter at hand and start the ball rolling.  Remember, all we need is “probable cause” to empanel a grand jury.  Once the banks get wind of it, and they will, various entities will be throwing money at the local government to make the indictments “go away”.  Then, other counties will look at what happened (because this will undoubtedly make the papers) and say, “Gee, why didn’t we think of that first?”

2. Once the forensic examination is completed (and a report issued), the constituency needs to rally around the Recorder, Clerk, Auditor or Register of Deeds to “make the criminal enforcement happen”.  

This means that the public official in charge of the land records needs to enlist the help of: (a.) state legislators who haven’t been bought off that are within the immediate reach of the county electorate (the body politic, the voting public); (b.) U. S. Congresspersons and Senators who are investigating this type of crime at the federal level; and (c.) local officials who understand the complexity and veracity of the crimes that have been committed, which could include the local political party hierarchy who are worried about the change in the political climate due to mass foreclosures occurring in their own political districts.

I’m not saying here that you need to threaten your local district attorney to “do something”, but if there’s no interest in prosecuting criminal wrongdoing (because of political pressure from the banking lobbyists or “back pocket deals” made to secure campaign financing), then these DA’s need to be publicly exposed (that’s right, in the media) and in group town hall-type meetings, to the ignorance of these DA’s (and potential misprision of felony issues arising out of knowing a crime has been committed and yet failing to prosecute … my definition of a reprobate prosecutor) when they fail to do anything about it!  Nonfeasance is a great reason to throw someone out of office, don’t you think?

If the banks are going to use political pressure against judges and prosecutors to show them favoritism and let the banks off with a hand-slap, then these prosecutors need to be removed and replaced with a prosecutor that will do the will of the people.  It’s been a long time since we’ve had public lynchings in the square.   I think these DA’s have forgotten America’s past and are condemned to repeat it.  The banks appear to simply indicate to the local judge that they’ll bank roll his opponent in the next election and the judge starts ruling in favor of the bank every time a foreclosure matter comes before him (either that, or it’s because the judge holds bank stock and he thinks his retirement account will be affected by his or her adverse ruling, which is far from the truth).

If you’re a judge holding bank stock, and a case comes before you involving that bank in which you are holding stock, you need to recuse yourself.  If you are that worried about your retirement portfolio, perhaps you should fire your stockbroker and get a broker that will vest your portfolio in something other than financials; otherwise, I might think you’re more of a fool than first thought and you should not have been elected to the bench in the first place!  Why would you buy a ticket on the Titanic, if you knew there was a chance it would sink.  Maybe the judges have been misled too.  I’m not a stockbroker, but I don’t have my investments parked in financial stocks either. I made sure of that!  Does this mean I’m smarter than the judge?

3. Start sharing these mechanisms with those in power. 

At least you will find out what side of the fence your local constituents are on.  This scenario affects every homeowner, whether they’ve had a MERS mortgage or not.  In the Williamson County Real Property Records Audit (which of course, MERS denies it “didn’t do anything wrong”), at least one homeowner had his chain of title wrongfully liened and slandered, because the trustee firm that was in such a big hurry to prepare Deed of Trust documentation on a sale involving one of his two properties, filed the wrong legal description and liened the wrong property (to his own home, not the one he was selling).  This kind of travesty occurs on a regular basis across America because “the left hand doesn’t know what the right hand is doing” when we have to rely on servicing entities to process millions of mortgage loan payments and ancillary paperwork.  It’s no wonder all of the lenders either subsumed their servicing entities or spun them off to other bottom-feeders. You know who they are!  The object lesson here is to determine which right-minded people want justice and which don’t care.  It also amazes me as to the number of apathetic loser property owners out there that say, “at long as it isn’t me that’s affected by all this, I don’t care.”  Herein lies the problem.

APPROACH #2: GO ON THE OFFENSIVE THE NEXT TIME YOU’RE LOOKING TO BUY A PROPERTY!

Here’s some helpful tips to responsible home ownership:

1. Use due diligence in your property searches.  I always run MIN searches in the MERS electronic database.  If I see any evidence of MERS, I discard looking at the property altogether.  DON’T BUY PROPERTIES THAT HAVE BEEN INFESTED WITH MERS MORTGAGES!  Save yourself a lot of grief having to wait to file an adverse possession claim to quiet title based on your bad decision to buy something just because you thought it was a good deal.

2. If the MERS MIN search comes up negative, the next step is to look into the property records all the way back to 1995 and beyond.  Suspect documents would include assignments from a MERS-originated mortgage to a non-MERS member (as they like to call it, even though the members actually have contracts with MERSCORP).

3. Don’t buy investor-flipper properties, especially if MERS is in this property’s past.  It is highly likely that the investor-flipper is ignorant, money hungry and doesn’t understand that he may be liable if anything comes back from the past and “bites the new property owner in the ass”.  DO NOT BUY ANY MERS-TAINTED PROPERTY WITHOUT HAVING THE SELLER INDEMNIFY YOU FROM ALL FUTURE HARM CAUSED BY MERS “MEMBERS” (what a joke!).  If they say “NO” … look somewhere else!  Besides, most of these investor-flipper properties have been marked up well beyond what the investor paid for it in the first place, and he’s likely making 125% profit off of your hard work.  It’s not worth it!

4. Due Diligence!  Read everything before you sign and don’t let anyone rush you at closing!   This is part of responsible home ownership.  When you sign a mortgage and note, you are accepting the terms and conditions of that contract and obligation.  It looks really ridiculous when you default due to poor financial planning.  I actually like it when prospective investors want a mini-COTA done because I can generally spot issues on title before they even put a bid in on the property.  Again, there’s always a title attorney out there who is honest that will shoot you straight.  Better to invest a few hundred researching title before making a hundred-thousand-dollar mistake!

5. Do even MORE DUE DILIGENCE if you plan on investing in tax deeds or tax liens.  I like the book Profit by Investing in Real Estate Tax Liens, by Larry B. Loftis … check it out HERE!  I have bid on and won on dozens of tax deeds and turned them into a handsome profit at ZERO RISK!

6. Shun real estate agents who ignore your claims about MERS.  If people don’t get educated, they will make the same mistakes over and over again and perpetuate this fraud in the land records.  That’s not responsible American home ownership.

7. Deal with banks who will “hold their paper”.   I know that many credit unions don’t sell their paper.  They are a good source of home loan money.  Try them first.  Many will insist you are a member … so join them, then borrow.  Make sure they hold their paper.  Then there are banks like Fort Sill National Bank (www.fsnb.com) who will make you a 15-year loan at 4% interest AND NOT SELL YOUR PAPER.  You have certain requirements that have to be met, like 20% downpayment (that’ll keep you from over-extending yourself, which is why I like this kind of deal) and a good credit score (all the more reason to work hard at cleaning up your credit).  If you need extra tutelage, try getting a copy of The Credit Restoration Primer, available at http://www.cloudedtitles.com.

8. When credit is plentiful again, you can bet the mortgage brokers (who are probably dealing for MERS) are going to come courting.  Learn to resist temptation.  This too is part of responsible American home ownership.  If they are writing “MERS paper”, go somewhere else and look for a loan.  We have to be firm about who we’re going to “play ball” with in order for this situation to “right itself”.

9. Get educated!  There’s nothing better than attending a Chain of Title Assessment (COTA) Workshop.  The next one is coming up in Las Vegas on August 22-24, 2014.  Go to http://www.cloudedtitles.com for more information and to register.  Take advantage of the 5-attorney panel on mortgage foreclosures and quiet title actions.  Nowhere else are you going to get FIVE seasoned legal veterans together in one room to answer your questions! Imagine learning a new profession!  There are not enough COTA Preparers out there to handle the coming onslaught of people looking for answers, not to mention assessments on their chains of title as they move into the quasi in rem foreclosure litigation arena!   This is an investment not only in your future, but in America.

10. Why not invest in acreage?   If you can manage it, there’s nothing quite like owning five acres with an energy-efficient home on it.  Research into utilizing straw bale (which will withstand most munition rounds) building, which has an R-value of 50 and many are still in use today!  Acreage (or large enough tracts of an acre or so) are large enough to plant a decent-sized garden to feed your family and still have some privacy.  Larger acreages are harder to maintain (I’ve owned tracts of 16.5, 26, 12 and as small as 3/4-acres; so I speak from experience here) and require more cash outlay for equipment to maintain them, so be careful investing in them.  Above all, research the title to make sure there are no family disputes!

When you register to attend the Chain of Title Assessment Workshop, you get a FREE copy of the new Mayday Edition of Clouded Titles!

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