Tag Archives: third-party beneficiary

THE C&E, ASSIGNMENTS … AND YOUR RIGHT TO CHALLENGE THEM (PART 2) …

(OP-ED) — The author of this post challenges you to seriously think about this process, because it is virtually available to everyone in the United States who has ever had their mortgage loan securitized … even if Fannie Mae and Freddie Mac (the “aunt” and “uncle” the U.S. Government doesn’t like to talk about) are involved … 

Scenario … “The Punch Line”

In part 1 of this blog post, we talked about how homeowners were duped by table-funded mortgage brokers and DBA’s (fictitious entities) who claimed they were New York corporations when in fact, they were “storefronts” for the major lenders who made the “storefronts” the actual borrowers in your loan transactions, potentially rehypothecating those loans over and over again using your personal identifying information to sell pieces of your loans into bundles of pools of loans on Wall Street.

Party A runs “the smoke screen”.

Party B fronts the “investor funds” using non-compliant prospectuses that were signed under Sarbanes-Oxley that don’t matter to them anyway.

Party C plays completely outside of the MERS® System and really has nothing to do but sit back and collect residual income being a go-between prior to your loan allegedly going into a REMIC that’s been empty all along.

Party D plays the Trustee for the REMIC … and just sits back and collects his fees from what the servicer gets and turns a blind eye to your loan default.

Party E (empty promises) is the servicer who is robbing Peter to pay Paul’s debts and this is why entities like Ocwen have to go out and securitize $600-million in new paper just to fund Advances to keep paying the certificate holders of these REMICs so we don’t have another crash (like 2008).

Party F (meaning the ones who actually get f**ked) are the investors that actually bought into this crap.  They have so much money they don’t know what to do with it.  I sometimes don’t feel bad about them getting raped.  They deserve it.

So why is it that when we’re in court the judge ignores your comeback when you attack an assignment of mortgage or deed of trust for containing false and misrepresentative information?   The judge is waiting for the bank’s attorney to allege that you’re not a third-party beneficiary and that you can’t attack the assignment.  Aaahhhh …. but that’s the bigger lie!

You see … the title documents in the land records represent your chain of title.  If your chain of title is jacked up, you couldn’t sell your property if you wanted to in order to mitigate the lender’s losses, even if the lender could prove they’re entitled to the proceeds of the sale of your home.  This has been the bigger problem with challenging foreclosures, because the banks (via a vis their servicers) use the chain of title (through the MERS® System) to lie their way through the courts and the judges play along with it because … well … “we can’t hurt the banks”.

If a chain of title is unmarketable, what reasonable buyer would want to purchase it?

If a chain of title is unmarketable, it violates every state’s law that guarantees marketability of title!

If a chain of title is unmarketable, it’s because it’s vendibility is impaired (you can’t sell it).  No one wants to buy someone else’s problems … especially if the title is slandered (Hello?  …  Can you say “damages’?)

If the chain of title is unmarketable because it’s title is screwed up … title companies won’t insure it.

If it’s uninsurable, no one is going to sell it.  How could they?   If title companies do insure these properties, they’ll exclude coverage for the applicable errors!  You won’t get a dime on a title claim, while the title companies make off with your premium payment at closing!

If you’re in states where only the lien interest is sold (like in California), the banks get to kick the can down the road, and investors are stuck with nothing but screwed-up chains of title and they can’t do anything but rent the properties out because there’s no way to quiet the title without exposing the truth … and no one can afford to expose the truth because American Jurisprudence is tainted.

The reason I bring it up?

The Assignment has your name and your property’s references within it. 

Every state has a set of statutes that allow consumers to challenge the assignments, releases, and any other document in their chain of title that is “suspect” for false and misrepresentative information.   If you let the bank’s attorney get away with stating that you’re not a third-party beneficiary, then you have to ask yourself …

WHAT THE HELL DOES THAT HAVE TO DO WITH THE BOGUS INFORMATION IN THE LAND RECORDS?

This is why statutes were formulated to combat erroneous (many times deliberate) behavior in the creation of these phony assignments and releases.  The problem is … 99% of the attorneys don’t like doing declaratory judgment actions … half the time because they don’t know how!   This is why Al West and I did a deep dive into the assignments and Al West came up with the notion that cancelling and expunging the phony document would force the court to have to quiet the title. If you’re attacking the property’s title because it violates statute, how then could the lender foreclose?

You can’t break one law to enforce another law! 

This is why Appendix 11 of The C&E on Steroids! has all of those statutes in it!  If the document affects your chain of title, you have an “in” to attack it through declaratory relief.  All American homeowners are entitled to have a property that has marketable title and this is why these remedies were created.  American property owners need to wake up and realize what they’re up against here, because it’s not really that expensive a proposition to attack these assignments.  There’s always quiet title too … which is why we included that in the latest book, which includes an 8-DVD training video kit!

You want your attorney to know the truth?  Share this information with him (or her).  If attorneys knew the simplicity of doing a declaratory relief action, they’d have a whole new way to make a living without stressing themselves out over it. Did you hear that lawyers?   That’s why Al West (who is an attorney that uses the C&E  a lot in his practice) has graciously supplied a ton of exhibits for you to look at and glean from … it’s the best educational tool of the decade.

If there are over 500-million phony assignments and other bogus documents in the land records, why aren’t we doing something about it?

Frankly, if you can understand that when the crash hit and everyone found themselves upside down in their mortgage loans, 95% of them cut and ran … that’s why.  Someone has to carry the ball and pay it forward.  This may be your calling.

I assisted a Florida attorney in doing a C&E in a Release of Mortgage, which convoluted the title even further, designed to create a statutory violation while challenging the lender (3 cans down the road) to prove how the first lender paid off the original loan with refi money.  That too is in the book (pleadings and all)!

 

The training kit is here in limited supply.  I have 33 kits left in stock.  I do not know when we’ll reorder.  If you want to fight the good fight, then force the courts to make your property marketable again.  Until the courts deal with these title issues, you the homeowner are just helping the banks “kick the can down the road” … soon, we’ll end up as a nation of renters for sure, because only investors will own all the homes (at least that’s what they think).  They get stuck with the crappy titles and you get stuck being a renter!

Is that really what you want?

… AND HERE’S AN ADDED BONUS!

The folks who order this DVD training kit will get the new Robert Janes compilation of SHELLGAME MERS, the 2009 RULES and his latest white paper on defeating California foreclosures!  Included absolutely FREE!   

PLUS … I’ll throw in a copy of THE FDCPA, DEBT COLLECTION AND FORECLOSURES work as well … for use in fighting unscrupulous debt collectors.

That’s an extra $80 worth of useful tools to add to your arsenal

This offer will expire June 30, 2019 … so get your C&E training kit NOW!  

CLICK HERE TO ORDER!

Leave a comment

Filed under OP-ED

THE C&E, ASSIGNMENTS … AND YOUR RIGHT TO CHALLENGE THEM (PART 1) …

(OP-ED) — The author of this post is a consultant to attorneys on quiet title and cancellation and expungement actions and thus, not an attorney who can give legal advice.  This overview, with its suggestive commentary, is for your educational entertainment only. 

Scenario … “The Set-Up”

You want to buy a home.  You don’t have much money, but credit is plentiful, as long as you can “fog up a mirror”.  You’re the “party of the first part” because you’re willing to take a gamble that if you can get a loan, you’ll be able to pay it back, with interest.

However, you’re not “Party A” (the party of the second part).  Party A” is a corresponding lender. That means it’s highly likely your loan is going to be securitized, which means it’s going to be put into the MERS® System, which is now owned by the same company that owns the New York Stock Exchange.

But of course, you’re ignorant of all of the shenanigans going on behind the scenes because you just want the keys to the house.

Meet “Party B” … not Cardi B; Cardi B has lots of money and she can probably pay cash for a house).

Party B is more than likely the sponsor-seller (the interim funding lender in the deal).  Party B figured out how to make a puttload of money doing securitization, so Party B hooked up with some attorneys who all engaged in “pure intellectual masturbation” together to create a “sales pitch”, known to investors as a 424(b)(5) Prospectus.  This document was drafted and signed under penalty of perjury under the Sarbanes-Oxley Act.  But that wouldn’t really matter to you, because you just wanted the keys to the house, right?

Meet “Party C” … the Depositor.  This entity is never a “member”, “user” or “subscriber” of the MERS® System; however, the Depositor plays an important role in securitization because it has to accumulate all of the documents (mortgages and notes funded by the REMIC) together by the specified “Cut-Off Date”, which is shown in the Prospectus (the sales pitch), which has to be done by a date certain (not 5 or 7 years down the road) or else the transfer of the loan into the REMIC would be void.  Party C is one of those parties that is a necessary party to securitization, so without it being named in the chain of transfers from Party A to Party B to Party C to “Party D” (the Trustee for the REMIC trust), as specified in the Prospectus, by the specified date, then it creates all sorts of legal challenges down the road, for both borrowers and investors alike.

To make even more money on the deal, Party B goes out and makes applications all over town for default insurance, while placing side bets (credit default swaps) on the performance of the certificates issued to the investors who have no idea what’s coming.

Now that all the side bets are in place and the loans have all been funded, the loan you got through Party A (the corresponding lender who only put up 5% of the deal) just closed and Party A got reimbursed by Party B, who actually funded the loan!

Later you find out the truth … but wait … if Party B was actually footing the bill with investor money it got through securitization, shouldn’t Party B be named the lender on the mortgage or deed of trust?  You’d think so.  But nope!  That puts Party B too close to the action on the assignment that’s supposed to be recorded in the land records where your house is … but somehow … Party B and its corresponding lenders are having too much fun giving loans to people they knew couldn’t repay them … so they forget about recording the required assignments altogether.

Ha! Ha! Ha!  Not!

The sponsor-seller knows what’s coming, because it’s holding all the Aces and it knows that over time … the house of cards will fall because all the loans in the pool are set to “reset” themselves within a certain period of time, causing the entire REMICs value to collapse.  I call it “Day 91”.  That’s the day the sponsor-seller gets to cash in on all of the insurance policies and credit default swaps.  The sponsor-seller can take a $500,000 loan and make $7.5-million off of the deal!

And here you are, swimming in debt, trying to figure out how to pay that mortgage that just reset itself through that adjustable rate BS you obligated yourself for.  But there’s more month at the end of the money.  You stop paying.  Party B is counting on it!  Party B set the whole thing up (using the MERS® System) to obfuscate the chain of title so it can create assignments of mortgage and deeds of trust to record in the land records vis a vis the mortgage loan servicer, who is tasked with taking your payment every month.

At least that’s what the mortgage loan servicer wants you to think when it sends you the default notice!  But alas … another lie.

The mortgage loan servicer is required to pay your principal and interest payments on your mortgage loan to the investors whether you pay them or not!   It’s called an “Advance”.  That too, is in the Prospectus … (not in the PSA)!   Simply put … are you really in default when the alleged REMIC moves to foreclose on you?   If someone is paying the investors every month, then how can they claim you’re in default.  Because they have a contract with you?   The originating lender (Party A) was paid off at closing by Party B (who used investor money to fund the loan) … this is what we call “table-funded lending”.

I’m trying to tell a story here, because this is the part where the rubber meets the road! 

Until you default (when the servicer declares you aren’t making your payments anymore) … you’ll never see an assignment recorded in the land records (99% of the time).  You have no contract with the servicer (Party E, for Empty Pockets).  Servicers have been known to “rob Peter’s account to pay Paul’s account” all the time, like Ocwen, which is why servicers are sloppy with handling money and shitty record-keeping.  But the servicer has another angle … it uses its employees to create assignments of mortgage and deeds of trust using MERS to cover up the missing links in the chain of title and conveys the title from Party A to Party D, without any recollection or mention of Parties B or C!   So who is it really coming into court to foreclose?

If you said Party E, you’re right!   These days, servicers are being even more brash, claiming they have a power of attorney from Party D (the Trustee for the REMIC) to foreclose on behalf of Certificateholders of some REMIC “series number”, claiming the certificate holders have been “harmed”, when in fact, the servicer is just trying to reimburse itself for all the defaulted payments it kept making on your behalf.   Now it’s using phony documentation to claim the note and mortgage were transferred to Party D, many years later.  The REMICs only stay open a year, so none of that makes any sense.  So the mortgage loan servicer retains the law firm to foreclose on your house … let the lying, cheating and stealing begin!   All on behalf of Party F (the investors).  I use Party “F” because in this scenario, the investors get “F**ked” in the end because the money made by stealing your house using phony assignments created by the mortgage loan servicer and its employees goes into their pockets and not those of the investors.

The attorneys continue the lie by claiming you’re not a third-party beneficiary to the assignment!   

And the judges buy into that crap hook, line and sinker!  It shows their ignorance! 

There are a lot of problems with these foreclosure mill lawyers using that falsehood.  In fact, the very pleadings or responses they file in lawsuits brought by the homeowner in deed of trust states to stop the foreclosure, or in the pleadings they put into the court record in mortgage states, contain misstatements in of themselves … and even more so when they have to rely on the recorded documents that the mortgage loan servicers put into the land records, in violation of statutes and penal codes, that contain false and misrepresentative information.

And the borrower and the attorney for the borrower run into court and wave the assignment around, telling the judge it’s a fraudulent document.  The judge of course (after hearing the attorney say you can’t challenge the assignment because you’re not a third-party beneficiary to the assignment) goes along with the bank’s argument … just because it seems to make sense.  However, there is a problem with that scenario.

Check back for PART 2 … where we discuss the bank’s flawed argument … and what homeowners are countering that flawed argument with!

HINT: Are the investors really third-party beneficiaries?  (think about it seriously, really).

Why should that affect you?

Look at your assignment!

6 Comments

Filed under OP-ED

GUTTING THE UNDERBELLY OF THE BEAST – PART 6

(OP-ED, first posted: September 11, 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.

In my last episode (Part 5) of this series of posts, I talked about risk aversion and the creation of a paper trail.  In this episode, I cover the “why” this becomes necessary.

DOCUMENTATION IN SUPPORT OF A CLAIM

The very first thing I look at (as a title consultant) is the chain of title, especially the warranty or grant deed (proof of ownership), the mortgage (or deed of trust) and any subsequent assignments coming against the chain of title.  All of these documents (in certified form) become the initial evidence in support of any claim I may have against a law firm, a judge or any other party that put that false and misrepresentative information into the public record and then relied on it to steal my property.  After all, in judicial states, where I see most of the atrocities committed, the foreclosure mill attorneys are the ones attaching these documents in their pleadings, as exhibits, or in the alternative, making reference to said exhibits, to be used as evidence to support their complaints to justify the foreclosure.

The pleadings themselves (in original or amended form) also become part of the evidence package in support of my claim, because they contain the language that relies on the false and misrepresentative statements where an assignment was posited or referenced therein as evidence in support of their claim.  This package should include every single document placed within the court docket, including the index sheet … certified copies (and 1 plain copy for review). 

You’re probably asking yourself where the promissory note comes into play here, because judicial states mandate you have to have the original note in order to foreclose. In non-judicial states, possession of the note is not required to foreclose; thus, all foreclosures are assumed to be legal unless otherwise challenged.  This means that if you’re in one of the non-judicial states, you have to institute suit based on the chain of title you have, in order to start the paper trail.  Thus, non-judicial state property owners are at a distinct disadvantage because they must spend the money filing a lawsuit to stop the foreclosure and obtain a temporary restraining order (TRO) and they are limited at best as to what is provable and what isn’t because the other side has not responded to the suit.  You can’t make boisterous claims either, as you will be denied the TRO and that is what you’re seeking to shut down the foreclosure sale.   You see, until the other side responds, they’ve created no paper trail you can assert contains false and misrepresentative statements, which is why I like using a C & E (an acronym for Cancellation & Expungement Complaint) “right out of the gate” if I realize I might not be able to make my mortgage loan payments any more.  Waiting until the 11th hour to file one of these Complaints (in of itself) has been definitely proven to be a waste of time and financial resources.  Filing a wrongful foreclosure action (before the fact) is also a waste of time and financial resources because the foreclosure has not occurred yet (and this is supported by case law).  I mention all of this because your research becomes fundamental as part of creating the paper trail.

Any oral statements made in court have to be supported by some sort of record.  This is why we have court reporters.  Most pro se litigants and uneducated homeowners conveniently forget to retain a court reporter to document everything said in open court to their disadvantage. This means that with no court record, there’s nothing to take up on appeal or challenge because you’ve “stiffed” yourself out of a paper trail.  Besides, having a court reporter has been shown to keep the judge honest.  Don’t think that just because the county can afford to have its own court reporter there means you can simply rely on getting a copy of the transcript from the county’s court reporter.  They are backlogged with work and will take their time getting anything to you, at a time when having a transcript of the proceedings might be timely necessary.  This always works to the homeowner’s disadvantage.  That is deliberate!  Why?  Because the county is using its own court reporter to “cover its own ass” and you can bet stuff will be left out of the record.  Then it’s your word against the county’s.  So, tis better to get your own court reporter!  You need to create your own “timely paper trail” for future use and reference.  This is not a traffic ticket we’re talking about here!

Discovery is vital whether or not you are doing a C & E (which allows you to do discovery of the party executing the assignment and the notary who acknowledged the assignment) or a full-blown complaint to stop the foreclosure.  Discovery responses becomes part of your evidence package … and the “paper trail”!  If you don’t propound discovery on the other side or at least the relevant parties (the ones who created the assignment), you’re on a sinking ship.  All of the discovery (and the responses you get) become part of the paper trail.

Depositions are a must!  These are taken using a court reporter who writes down every single word that is spoken and many of them use video cameras (which is allowed) to take taped statements, which is even more intimidating.  I find that going after the creator of the document, the executor of the document and the notary who acknowledged the document are vital to creating a proper paper trail (not so much the creator of the document, unless you’re trying to solidify that the law firm or servicer was involved in a civil conspiracy with the agents who executed the assignment).  You’re only talking a minimum of TWO DEPOSITIONS here … the executor of the assignment and the notary who acknowledged it.  What authority did they have to execute the document?  Where is the notary’s bond?  Is there even a bond?  Can we attack the notary’s commission even though there is no bonding requirement?  YOU BET!  Attacking a notary’s bond (if there is one to go after) can be a source of cash flow to support your court fight. You can bet the other side will object to everything you ask for because they don’t want anything said on the record that can be used against them in court.

In all matters related to your case, PHONE CALLS DO NOT WORK!  You cannot take phone calls into court!  DO NOT CALL THE NOTARY!  Do not contact the notary by mail!  If you’re sending them a subpoena to appear at a deposition … their deposition … you do it through a process server … which is also a legitimate part of your paper trail!   I have people who have contacted me who do exactly what I just suggested NOT TO DO.  They scare the notary into hiding.  When it does come time to serve them with a subpoena, they can’t be found.  Duh!  And these people actually think they’re doing the right thing?  Seriously?  What part of desperation is incorporated into stupidity?  This is where you have to put your emotions aside and start thinking “common sense”.

THE EXPERT WITNESS AFFIDAVIT AND LIVE COURT TESTIMONY

I’m talking “expert witness attorney” here, not your average forensic loan or securitization auditor (who thinks they’re an expert witness).  Why an attorney for an expert witness?  Allow me to re-arrange your brain’s priorities through the following three reasons:

REASON #1: Litigation Consultant … your expert witness attorney can also serve as a litigation consultant to help you frame some damning discovery centered around statutory violations!  This is important because using the stuff I mentioned previously in The Quiet Title War Manual has nothing to do whether or not you can challenge assignments because you’re not a third-party beneficiary.  That is a bullshit banking argument that has nothing to do with the statute in question!  The statutes speak directly to the recording of documents known to contain false and misrepresentative information!  Separate the two distinctions in your mind because the borrower’s name is in the assignment; the borrower is a party to securitization (if that’s an issue) and because the document involves misrepresentations that may include “MERS” (in whatever form), which claim that Mortgage Electronic Registration Systems, Inc. had something to do with negotiating the instrument (the note), which runs contrary to what’s in the assignment, generally.

REASON #2: Personal Knowledge of the Facts … this happens when the expert witness attorney reviews all of your documents.  He can testify as to their factual basis AND render a legal opinion … BOTH under oath and under penalty of perjury as a lawyer!  This is way different than having a so-called “expert” that’s NOT an attorney testify as to anything factual … they can’t give legal opinions; otherwise, in doing so, their testimony could be impeached or effectively diluted under cross examination. Not only that … because the attorney who serves as your expert witness is sitting in the court (prior to giving his testimony), he actually gleans personal knowledge listening to the other side’s attorney further the false and misrepresentative information to the court … for which the damage is immediate (see In re Wilson, U.S. Bkpt Ct E.D. La No 07-11862, Memorandum of Law in Support of the United States Trustee’s Motion for Sanctions against Lender Processing Services, Inc. and the Boles Law Firm), which says:

“Untruthful statements made in bankruptcy proceedings undermine the integrity of the bankruptcy process. The bankruptcy system relies on the candor and accuracy of information presented by all parties, creditors and debtors alike. To ensure candor before this Court and to protect the integrity of the bankruptcy system, this Court should impose on Fidelity and Boles monetary sanctions and other non-monetary relief as this Court deems appropriate pursuant to its inherent authority to sanction abusive litigants coming before the Court, and pursuant to 11 U.S.C. § 105(a).”  And from the following footnote, No. 16):

“Rule 9011 provides a 20 day “safe harbor” in which a party may withdraw the challenged written representations, unless they are contained in the bankruptcy petition. If the challenged paper is withdrawn, it would not be considered by the court in its decision making process. However, there can be no safe harbor for untruthful statements made in open court, because the harm that results is likely to be immediate.”

(I just told you the Expert Witness Attorney would be there to hear all of the “immediate” misrepresentations.)  This is an actual case where Wells Fargo Bank got hit with a $1.3-million sanction!

This is an attorney, namely, the Bankruptcy Trustee, reporting misconduct! He is telling the other side (through his memorandum, they’ve been given fair warning to recant what they’ve placed into the court record).   If you didn’t catch that so far … let me make sure to clarify this in the following “reason”:

REASON #3: Rule 8.3 – Reporting Professional Misconduct … this is a mandated state bar rule (how many foreclosure defense attorneys actually follow it?)

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.

The foregoing mandates (which is what “shall” means, not “may”) are put there to hold attorneys accountable to report misconduct. What forensic loan auditor or securitization auditor is mandated by the Bar’s own rules to to this?  Come on, think?  Where’s the mandate?

(long pause, heavy sigh)  Come up with one yet? Didn’t think so.

This means that when the expert witness comes into personal knowledge of the facts that the other side’s lawyer has committed felony perjury by making false and misrepresentative statements in open court, he has a mandated duty (for which the State Bar must listen) to report the other lawyer’s misconduct!

This also means that if the judge hearing your case doesn’t give a shit and let’s this scumbag attorney for the bank say whatever he wants and get away with it and hands your property over to the bank AFTER your expert witness attorney advises (through a legal opinion) that the other side’s lawyer, in both pleadings and exhibits and oral statements made, has committed misconduct, not only is the judge exposed and now at risk, but the county he is employed by may also be “on the hook”.

At least bankruptcy judges have the decency to “do the right thing”.  I recently noted the results of the Sundquist ruling in California.  Sundquist-Memo-Opinion

A lot of this depends on how “stacked” your paper trail is and what evidence of misconduct you were able to actually PROVE (not just assert).

EXPOSED RISK FACTORS 

BTW, for those of you “Patriots” out there … a majority of the judges’ oaths of office I’ve seen were actually recorded in the public record in the county they serve in!  This is important to recognize the WHY you’d want a certified copy of their oath of office.   THE PAPER TRAIL!   It’s proof he/she (as a judge) is serving IN THAT COUNTY!

Most counties are self-insured.  The county has either a County Executive or Risk Manager who handles their claims because of something an employee did wrong.  Who would think to tag a judge?   After all, aren’t the judges bonded?   What happens if the bond is attacked, challenged and successfully revoked?   The judge can’t sit on the bench, right?  He will probably be placed on administrative leave while the county investigates what happened.  But that’s not all the county has to worry about.

As a result of the trial or hearing (whether it be evidentiary or just one of those 5-minute “rocket docket” style pieces of crap), there are two other complaints that must be reported … a complaint on the lawyer to the State Bar that can discipline him … and a complaint on the judge to the appropriate judicial authority.  More paper trail to show the County … to give them fair warning that they need to step up or face the consequences!

ALL OF THIS HAS TO BE DONE BY THE EXPERT WITNESS ATTORNEY … WHO IS MANDATED TO “PULL THE TRIGGER”!   PRO SE LITIGANTS (who think they know more than the expert witness attorney) WILL ONLY F**K THIS UP IF THEY TRY TO DO IT THEMSELVES (calling into the county or the bar or the judicial review board and whining about their silly little issues, or filing crap judicial misconduct complaints, which is how the major insurance players in this game will view their cheap efforts to avoid having to pay for an expert witness attorney).  I put this part in the back end of this post as a caveat, because it’s the expert witness attorney who has the “big stick of dynamite with the short fuse” … NOT YOU! 

It gets better … stay tuned for another round of insight into the insurance game in the next segment! The title companies are also in this up to their ears (among other places)!

6 Comments

Filed under OP-ED