Tag Archives: U.S. Supreme Court

U.S. 9TH CIRCUIT RULES ROBINS HAS ARTICLE 3 STANDING!

BREAKING NEWS — 

For those of you that haven’t been keeping track of the differences of opinion between the U.S. Supreme Court and the U.S. 9th Circuit Court of Appeals in the Spokeo v. Robins case, the 9th Circuit panel has issued an opinion that the Plaintiff (Robins) did in fact allege a “concrete injury”.  I posited this dilemma in my book FDCPA, Debt Collection and Foreclosures to some extent.  Now it appears that the 9th Circuit’s holding played in fact off of the Big Top’s decision, which was narrow, wherein a violation of the FCRA (according to this decision), an acronym for the Fair Credit Reporting Act, was enough to include this in an FDCPA action to establish that when servicers (who act as lenders) wrongfully put information on your credit report or in the alternative, debt collectors report things to the credit bureaus that are known to be false (or wrongfully reported by servicers during a period of time wherein a Qualified Written Request is pending), prevents the consumer from moving forward by hampering their credit scores, which results in future credit damage, which is an actionable injury, enough to establish Article III standing.

As you may remember, the U.S. Supreme Court issued a May 16, 2017 ruling declaring that the 9th Circuit failed to address whether the statutory provisions at issue were established to protect Robins’s concrete interests, as opposed to purely procedural issues. The 9th Circuit responded that the FCRA was created to protect consumers’ interests in mandating that credit reporting agencies issue truthful and accurate credit reports, which affect a consumer’s future lifestyle changes, the ability to obtain credit and employment potential.

The 9th Circuit remanded the case back down to the Central District of California for further action.  For those of you in the 9th Circuit states, you should be jumping for joy, because the little guy has won another round.  To see the opinion, click the link: Robins v Spokeo Inc, 9th App Cir No 11-56843 (August 15, 2017)

It stands to reason that we will be discussing this in more detail in our third of four FDCPA webinars, coming soon to the CloudedTitles.com website.

In the meantime, for those of you continuing to fight foreclosures pro se, you may wish to pay attention to the following and inquire about attending our upcoming foreclosure defense workshop in Orlando, Florida:

Download the Registration Form here: FDW ORLANDO REGISTRATION FORM

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SECOND FDCPA WEBINAR FEATURES ACTION AGAINST OCWEN!

BREAKING NEWS, OP-ED — UPDATE (JUNE 19, 2017)

The uniqueness of “kicking someone when they’re down” doesn’t even come to mind here, even in light of the dilemma I created for myself when I delivered a copy of the two-volume, 778-page OSCEOLA COUNTY FORENSIC EXAMINATION to the Clerk of the Circuit Court, Armando Ramirez on December 30, 2014.

This is one of the reasons why bad press is still “press”.  Maybe Ocwen Loan Servicing LLC is delighting in all of this unwanted attention.   As of today, it’s stock is still trading.  I wish I’d have known in advance of the issues confronting the mortgage loan servicer would come to a head on April 20, 2017, as I would have seriously shorted Ocwen’s stock and made thousands of dollars doing it.  Darn!

However, given the issues surrounding Ocwen’s reliance on one of its affiliates, Altisource (headquartered conveniently in Luxembourg) and Ocwen’s REALServicing platform, you can bet that there’s a good chance that any time Ocwen Loan Servicing LLC sends you a Monthly Mortgage Statement, it’s riddled with accounting errors.

Significantly, these errors can result in demands for payment which are erroneous and subject to civil liability under the FDCPA.  If you are actually paying Ocwen money for these errors, based on these statements, later discovering you overpaid or your payments were misapplied to someone else’s account to make up for Ocwen’s accounting shortfalls, this could warrant a case for disgorgement.

I find it incredibly interesting that Ocwen Loan Servicing’s “Sweet 16” (who I call the Florida notaries who sat around a table in West Palm Beach, Florida and took turns “dummying up” documents that would be recorded in real property records all over the United States, further creating issues of clouds on titles to millions of pieces of real property all over America.

Turning to a recent post on this blog, I note that Ocwen’s “Contract Managers” and “Contract Coordinators” have that same ability to “dummy up” affidavits that claim Ocwen has the authority to do “this, that and the other”; however, without a Limited Power of Attorney to back up the significant claims that Ocwen employees make on these affidavits, one would be virtually in the dark on what actual authority Ocwen has to do anything.

RESEARCH NOTES:

(1) You can locate all of Ocwen’s Limited Powers of Attorney (“LPOA”)by going to the Palm Beach County, Florida Clerk of Court’s website and searching for “Power of Attorney (POA)” with Ocwen Loan Servicing LLC as the GRANTEE.

(2) You need to reach every single detail of these powers of attorney when you locate the appropriate one, as there are over 800 of them recorded in the Clerk’s database.  Use the GRANTOR name to isolate your search (e.g., Bank of New York Mellon, U.S. Bank, HSBC Bank USA, N.A., etc.) and hone in on the LPOA that fits your date and time scenario, which specifically states WHICH REMIC is being represented in the LPOA.  You may be surprised to find that Ocwen is limited as to what it can do (e.g., only manufacturing documents and not actually commencing a foreclosure proceeding).  You may also find the LPOA has expired.  It doesn’t mean they’re not still in the public record … it’s just that they’re expired.

(3) You need to specifically research the REMIC on the SECINFO.com website.

Get a complete copy of the 424(b)(5) Prospectus and SEC Form 15d and save them to file.  In the search bar for the particular REMIC, run the name OCWEN in the search engine and see if anything pops up.  Run the term “Sale and Servicing Agreement” and see what pops up.  If you don’t find specific notations to any event relating to Ocwen, it means two things:

(a.) you will need to locate an LPOA that contains such an Agreement; and

(b.) if you can’t find the Agreement listed in the public record, you’ll have to obtain it in discovery under Request for Production of Documents.

This my friends, is legal research and case strategy, NOT legal advice.  If you’re going to jump down rabbit holes, you’d better be prepared to dig deep!

If Ocwen is NOT allowed to enforce the terms of a Mortgage or Deed of Trust because you can show lack of authority vested to it … and you see the customary FDCPA language on the form they send you … then that would indicate, in asking for a sum certain, that they are in the business of collecting debts and thus are subject to the FDCPA. (This of course, has to be determined by a court of competent jurisdiction! I am not the KING of any Court, unlike some on the Internet that would posit such!)

When it comes to suing mortgage loan servicers like Ocwen Loan Servicing LLC, be aware that they have multiple sources to dip into when it comes to fighting their legal battles, even if it means dipping into other peoples’ escrow accounts for that money!  This is why Ocwen wants your house!  They will purposefully rack up so many servicing fees that by the time the house sells and they recoup their expenses, the entire proceeds of the sale is gone and the alleged “lender” Ocwen is supposedly representing, gets nothing.

But wait!   The alleged “lender” got money from credit default swaps, default insurance and title insurance. In fact, we guesstimate about 6 different sources of loss reimbursement, not to mention the FDIC if that corporate federal agency is in play.  Then, there’s the taxpayer.  We won’t go there, for now.

So let’s say we sue Ocwen, for the sake of argument.

UPDATE: The second of four FDCPA webinars on the subject has been re-scheduled for Thursday, June 22, 2017 at 8:00 p.m. EDT.  We will be doing something different in this Webinar, as R. J. Malloy will be walking through the process with me, step by step as we discuss pleadings development and purpose.  This is truly a webinar you DON’T want to miss!  For those of you who are confused about the price … EACH WEBINAR is $39.95!  I cannot do all 4 for that price because of costs.  If I did a live event in Orlando, you’d have to pay anywhere from $495 to $895 to attend a 1-day event, plus airfare and hotel, instead of paying a total of $159.80 for all 4 online workshops and this is a huge savings to you for the same education.

In the second of four FDCPA webinars, we have some new news to update you on about applications of the U. S. Supreme Court’s Spokeo, Inc. v Robins et al_ decision … you have to prove you suffered economic harm in order to make an FDCPA action stick.  I know, it’s the nation’s highest court’s way of impeding class-action lawsuits!  In a class action lawsuit, ALL of the Plaintiffs in the class have to have suffered a similar economic harm before the court will approve the class!

Look for signup information on the CloudedTitles.com.

 

 

 

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U.S. SUPREME COURT DENIES WRIT IN THE ROBINSON CASE AGAINST MERS!

BREAKING NEWS, OP-ED — 

On May 22, 2017, the United States Supreme Court declined to hear the matter of Daniel and Darla Robinson vs. Mortgage Electronic Registration Systems, Inc. and MERSCORP Holdings, Inc.   All the issuing order said is: PETITION DENIED.   The nation’s highest court does not have to give a reason for doing so.  In fact, out of all of the cases that were taken into consideration, only one case was accepted (having to do with a dispute between a large corporation and and small corporation).  This hardly seems like much considering the magnitude of repercussions surrounding the 9th Circuit Court of Appeals’ lame decision in favor of MERSCORP and its baby bastard child, Mortgage Electronic Registration Systems, Inc.

As a courtesy, to those who are NOT in the know, I am providing you with the goods, so America can see where it has been truly f**ked:

2017.03.15 Petition for Writ of Certiorari (Robinson)

2017.04.17 Respondents’ Brief In Opposition (MERS)

2017.04.28 Petitioners’ Reply Brief (Robinson)

What this means?

According to the U.S. 9th Circuit, if MERS (not to be confused with Mortgage Electronic Registration Systems, Inc.) is listed on your mortgage or deed of trust document, you have to notice them as part of a quiet title proceeding, otherwise, you violate their due process rights to notice.

The 3-1/2 page ruling by the 9th Circuit was a total disappointment, not just to the Robinsons, but to America as well.

The repercussions are mind-blowing!

The U.S. Supreme Court filing (the Robinson’s Writ of Certiorari) is now a matter of public record.  This, MERS and its baby bastard child cannot get away from.  Congress will now study this Writ, as I anticipate it’s going to be circulated all over the place, especially at Sen. Elizabeth Warren’s camp.  If anyone has a hard-on for the banks and MERS, it would be her.

There is such a conflict between the federal circuits and the state supreme courts, the repercussions boggle the conscience.  To date, the only “injury-in-fact” MERS and its “shell corporation”, Mortgage Electronic Registration Systems, Inc. can claim, is that they were “injured” to the value of the mortgage loan.  OMG!  MERS nor Mortgage Electronic Registration Systems, Inc. never loaned anyone any money!

But wait, they’ve never actually had to prove that injury anywhere in any case I’ve ever read up on!

In fact, the federal courts, especially in Robinson, let them get away with NOT proving an “injury-in-fact”.   There is nowhere in the Robinson’s deed of trust where it says that MERS was entitled to notice.  To the extreme, the Tennessee Supreme Court, in the Ditto decision, gutted the MERS business model like a chicken:

MERS v DITTO_TN Supreme Court rules against MERS!

You can bet that MERS’s PR machine will glorify itself with another “win” over this, just another way to promote its business model to its members, that such a model can even sustain a denial of a Writ to the Supreme Court!

I say … we may have lost the battle, but not the war.  This “war” is not over yet.   There are still criminal aspects to consider …. not just both civil and criminal conspiracy to steal real property from millions of Americans.  The business model that MERS has touted as so wonderful in saving its “members” time and money is really just another way for mortgage loan servicers to hide their misdeeds.  There is still a movement afoot to get the matter involving the OSCEOLA COUNTY FORENSIC EXAMINATION in front of a grand jury.  We’re not done there yet.

I maintain that Osceola County (per se) and its insurer does not want this matter before a grand jury because the county will be found civilly liable for tens of millions in damages for illegal evictions of homeowners wrongfully foreclosed upon because of the bogus, self-serving documents recorded in person, as well as by mail and electronic transmission (mail fraud, wire fraud).  For those of you who know me, you know I know what mail fraud and wire fraud is.  I am not going to gratify MERS by elaborating on that thought and it doesn’t matter anyway because it doesn’t involve the theft of your home.  Bogus document manufacturing is still ongoing and it needs to be stopped.

I personally don’t give a rat’s ass what MERS and its stockholder Wall Street-based corporations think.  My belief is that what they’ve done is create a vehicle for servicers and their employees to manufacture documents to give themselves standing to steal property because none of the servicers (or the lenders who agreed to allow them to collect mortgage loan payments) follow the rules.  The MERS® System is simply a platform for the servicers to post whatever they want to post to mislead the borrowers into believing one thing, when in fact, the matter is something totally different.  Not only does MERS NOT know what is in its system at any given moment, it has aligned itself with Wall Street to bolster its assets and financial soundness.

The Emperor still has no clothes! 

No one has ever challenged MERS’s agency relationship to its finite end.  Sure, some judges have taken it upon themselves to posit opinions about the lack of such.  Just because it say that the Borrower agrees that MERS is this or MERS is that, does not make it so.  The Borrower has no direct agency relationship with MERS, but allegedly, the Lender does. This also, has NEVER been proven in a court of law because the judges don’t insist on it because the Borrowers’ attorneys never bring it up!

Most Borrowers have no idea that when they see the term “MERS” used, it means MERSCORP Holdings, Inc. (the real “electronic agent”).  This is all part of the crafty wordsmithing that Robert M. Janes, J.D. wrote about in his paper, SHELLGAME MERS, Contrived Confusion.  But do most attorneys read this work.  Hell no!  They think they know it all about MERS when in fact, they know NOTHING!  Not one goddamn thing do they get right in compelling MERS to answer the meaning of Rule 1, § 1 of its own Rules (2009 edition).  If you don’t believe me, look at what happened in the In re Kunze case in the Kansas bankruptcy court!

TBTF?  Seriously?

I am convinced that the U.S. Supreme Court will lightly tread upon MERS and the financial institutions because the courts and Congress are bought and paid for by the banking cartels.  All of this congressional testimony is nothing more than a charade before the American people to make them think something is being done when in fact, nothing is being done.  It’s all a 3-ring circus in DC, including inside the Supreme Court.  Don’t think for one minute that the pensions and retirement funds of the 9 Supreme Court justices aren’t vested in RMBS’s.

When the banks own the system, Americans have been enslaved if they have borrowed so much as one nickel from any of them!

The word “mortgage” means, “payments until death”.  It was structured that way for a reason.  The Robinson case will not be the first case of its kind brought up for consideration to the U.S. Supreme Court.  Sadly, I predict the nation’s highest court will ignore those cases too.  This is the Court that the “will of the people” now have to deal with … a highly-politicized bench.

The banks are so powerful that they will continue to exist until Congress regulates them out of existence or in the least, busts them up into manageable pieces.  As long as the flow of funds by banking lobbyists into Congress through various foundations and trusts continue to bribe those claiming to “serve the will of the people”, the will of the people will never be served.

However, the servicers and their employees are entirely another matter.  America has been dealing with servicer fraud for over a decade now. There is no intent (by me or anyone else) to take down the major banks.  After all, the banking cartels have written legislation in place (12 U.S.C.) to protect them, insured by another corporation (31 U.S.C.) to convince a sleeping populous that their deposits are insured.  What a joke!  Corporatism at its finest, folks!

The servicers and their minions … and MERS … are my personal targets!

This is what the Osceola County Forensic Examination truly exposed. No government prosecutor wants to go after them because they will be hit with, “we cannot afford to take down the banks”.  This is total bullshit.  Look at what has happened with Ocwen (that’s NEWCO spelled backwards), post-April 20th.  I just completed a 50-page research paper on Ocwen and it has opened my eyes to the fact that we have a servicer here that has admitted to the U.S. Government that borrowers are not in default if they miss making their mortgage payments.  Ocwen’s CEO (Ron Faris) has admitted that it makes the payments for them!  When it runs out of money in one area of accounting, it robs it from another area to “make things work”.  Therefore, the REMICs that come into court (really the Servicers claiming to represent the REMICs) did not suffer an “injury-in-fact” because the Servicers continue to make the Borrowers’ payments.  So why won’t the courts believe borrowers when they “spill the beans”.  Because the judges are owned by the banks too and many judges own stock in various major banks, which is truly a conflict of interest.

Wise as serpents! Harmless as doves!

Now, we have several different ways of compromising the servicers’ legal war chests.  It’s really the servicers you’ve been dealing with in the courts, not the lenders.  The attorneys for the banks are lying about who they represent and have been for years.

It’s bad enough that when MERS and the banks get sued by Borrowers, the U.S. government is informed of such by Consent Order (04.13.2011).

Now everyone (at least in the 9th Circuit) has to sue MERS (by notice or otherwise) to involve them and their bullshit lying to the judges in this country about how wonderful they are and misrepresent the language contained in the contract the Borrowers’ signed.  If you live in Tennessee however, that state’s Supreme Court is not done dealing with MERS.  I pray for the safety of that Court, because God knows what MERS and the banks will do to them and their families for taking a stand “against the monster”.  Will they capitulate?  Will they end up murdered?  Only time will tell.

For those of you who want to learn some “End Game Strategies” to beat the banks at their own game, keep your eyes on Biloxi, MS in July.  It’s kind of like Jekyll Island in reverse.  There are some homeowners who have succeeded in beating the banks using strategies never before plied upon the courts and the courts have given into them because of irrefutable evidence.  I am not going to elaborate what those strategies are on this blog. I’m not giving you free shit that you can go and abuse in court.  It’s enough I’m posting this article, given my reluctance to tell the banks and MERS anything because they read this blog!  However, you will learn these strategies by attending this workshop!  Here is the information I promised: END GAME STRATEGIES WORKSHOP

Believe me when I tell you they are monitoring this site.  Don’t bother posting comments on here, as I will not approve them.  If you have something to say, email me through the Clouded Titles website.  For those of you who think I’m just on here to sell shit, I feel sorry for your attitude of entitlement.  We all have to work for and represent something useful in this life, don’t we?  Otherwise, life is meaningless.

We have FDCPA Webinars slated on the Clouded Titles website.  You can go there and check it out.  The first of four is June 1, 2017.

For those of you whose credit has been tarnished as the result of your skirmish with the banks, check this site out: FES

 

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