Tag Archives: Wells Fargo Bank

IF YOU THINK THE DECK IS STACKED AGAINST YOU IN A FORECLOSURE, YOU’RE RIGHT!

Op-Ed!

It pains me to have to read some of the posts on this blog, because I see that foreclosures are starting up again and many people are finding themselves without a clue as to what their odds are if they decide to fight, or not.  To that end, I’m posting my “Top 10” observations (not legal advice) here:

  1. You are not alone in your fight. Know that other homeowners are also considering the same options that you are, whether to “fight” or “flight” (run away, which 95% of homeowners do, spineless wimps).
  2. You will have to get rid of many ill-conceived misconceptions. Because we live in the “Age of Entitlement”, everyone thinks: (a.)  the bank did me wrong; and (b.)  I deserve a free house.  Wrong! You signed a contract and a security instrument!  No one held a gun to your head!  They dangled “the carrot” and you bit into it, hook, line and sinker!  You have to have a “Come to Jesus” meeting with you and your family and chuck all of these preconceived notions because without an open mind, you will dig yourself an even deeper hole!
  3. You have to understand that judges are homeowners too. Most of them probably still pay on a mortgage. This means you will have to understand how to overcome the conjecture and speculative arguments and derogatory comments that the bank’s attorneys (who have had years at this to perfect their craft) will make in court to sway the emotions of the judge.  You borrowed the money from someone, but maybe it’s not just “that guy”, your Honor.
  4. You at least have your day in court if you live in a judicial foreclosure state.  It really pisses me off when homeowners don’t show up in court and least say something!  You have your day in court as mandated by law, but sadly, 95% of homeowners freak out and run away.  The banks are counting on this. So are the courts. It’s a numbers game folks.  The less cases that judges have to hear, the better.  They know it.  I know it.  But you won’t know it if you don’t at least show up and say something!
  5. If you live in a non-judicial foreclosure state, you have to initiate proceedings to stop the sale of your home!  This means you either have to have a lot of time on your hands to do research or you will be like most of the 95% of homeowners who do nothing and wait for the county sheriff to show up and put you (and your family) to the curb.  Filing a Notice of Lis Pendens does nothing but “gum up” title temporarily.  Filing that means a “suit is pending” and if there is not suit, you filed a fraudulent document in the land records that could land you in jail, where you will do no one any good, especially those who depend on you for survival.  You are the Plaintiff and only a temporary restraining order will stop a foreclosure sale!  The burden of proof is on you unless you know how to turn the tables on the bank.  This is a fact, not legal advice!
  6. When it comes to foreclosure, apathy reigns supreme!  I have never seen a situation more tenuous where people become so in denial about life.  Instead of doing something about the scenario when it presents itself, many people go into this “woe is me funk”.  As a responsible American homeowner, that is really messed up.  Buying a home is one of the biggest, major decisions you will make in your life and most homeowners bit off more than they could chew (when credit was so readily available).  The banks are not all to blame.  They are crooks (true) … and I don’t trust them.  It’s bad enough that this election cycle gives us so little (the lesser of two evils) to choose from, but to have the banks controlling all of the behaviors of Congress and our presidents for the last two centuries is so appalling and what’s even more damning is that homeowners who have the power of the vote, do nothing.  So when you’re left with few choices in a time like this, remember, the collective body politic voted to set the system up this way.  The “system” has no mercy for those who think they’re “entitled” because someone else has to pay for it.
  7. The second wave of “foreclosure fraud” starts with unscrupulous foreclosure defense attorneys!  They’re out there and these are the types that want to make you their “monthly annuity”.  Foreclosure defense is big business and if you’re going to make monthly payments to an attorney to stave off a foreclosure, you’d better have an “end game”.  The real attorney will demand you have an end game before even taking your case and if you don’t have one, you’re likely to end up on the street anyway.
  8. Most people don’t even have an “end game”!  This is even more sad in a land where we have lots of hidden opportunities.  What I did when I looked at my own scenario, which I discussed in my book Clouded Titles, was to: (a.) examine my finances to see whether I could fight a foreclosure in the first place; (b.) look at my other options as to living scenarios (I had a rental property I could move into, which was becoming vacant, which made my choice easier); and (c.) I had to look at what if any equity I was giving up.  Most people took out 30-year mortgages.  I find 30-year notes to be a waste of time and money (in interest, which makes most of the 30-year period giving up little equity; just like renting).  I only do 15-year notes if at all anymore.  If you can’t afford the 15-year note payment, then rent! You may find yourself having a large yard sale and liquidating what possessions you don’t need and then using those proceeds to find yourself other “opportunities”.  The opportunities are there if you’d just look for them and stop whining about the dilemma you’re in!  If you think things are “hunky dory” right now, wait until the sheriff shows up and moves you out on the lawn.  Watch the “99 Homes” movie trailer if you want a real vivid picture!  (I still can’t watch it without tearing up and getting an aching feeling in my gut!)
  9. BOTH SIDES of the political aisle put this whole thing into motion!  If you think that either political candidate for president is the “right one”, think again.  When’s the last time you studied the Constitution?  If you read the manner in which the Founding Fathers set this country up, you would understand that Congress makes the laws, NOT the president.  Sure, the president may “influence” what laws get propounded, but the president’s job is to “enforce the law”, as the Chief Executive.  Congress voted to repeal the Glass-Steagall Act, not just one side or another.  The two-party system has failed us folks!  Your average congressperson is the bank’s “bitch” and has been for quite a number of decades!  The only way to stop this is to do what California and Illinois are doing to Wells Fargo Bank now … change banks!  The mega-banks got us into trouble in 2008 and nothing has changed.  Servicers are still robosigning documents and foreclosure mill attorneys are “in it up to their necks” in fraudulent documents in their reliance of such to steal borrower’s homes.   The whole thing has turned into one big criminal RICO issue and MERS is the platform, the business model, that facilitates it!  When homeowners wake up and smell what is really going on, AND DO SOMETHING ABOUT IT, then things will change, not until.  I moved all my money and investments out of the major banks, why aren’t you doing that?   The big banks are your enemy!  The faster you realize this, the better.
  10. It’s hard to be right when the government is wrong!  The government bailed out the banks.  This was all an artificial ploy upon the American taxpayer anyway, as the banks paid the government back.  Those who screwed the government out of TARP funds are being (or have been) prosecuted and put in jail.  The government is in bed with the banks, otherwise, you wouldn’t have 12 USC (Banks and Banking) passed as law.  The banks are the most heavily-regulated industries in the country, but we disrespect ourselves when we stoop so low as to “borrow money” from them and dig ourselves in over our heads and makes ourselves destitute (by design).  Those who borrowed to pay for their education are now financial “slaves to the rhythm”.  Sorry, but the government’s answers to everything are Hegelian in nature and were put there to make you a slave.  I can’t help it that you didn’t do your homework!   No one taught you any better.  No one taught you finance in school.  No one told you that you had to read the damned documents at the closing table before you signed them and if you didn’t understand what you were getting yourself into, then it’s on you. However, the government allowed this mechanism to be put into place for a reason.  This is why Snowden is now in Moscow.  The only person who can change their life destiny is YOU! 

The other side of the coin with Wells Fargo?  I wonder … given the 2-million or so phony accounts they set up … how many mortgages did they rehypothecate?   Congress hasn’t even started looking into that.   Chase has a patented template for creating “ghost accounts” ( jp-morgan-chase-rehypothecation-2 ) … makes you wonder what’s really inside the databases of the DTCC and Cede & Co. huh?  I know from talking to other homeowners that dummy mortgage loans have been set up too, not just bank accounts.  Maybe Congress is turning a blind eye, maybe they’re just ignorant.  Don’t blame me. You elected them.  And this is why I don’t trust banks!  You are a fool if you think that your money is “safe and sound”!

So, the bottom line here is … not everyone’s strategy is the same as everyone came from different walks of life, has different resources available to them and can think clearly under pressure.  Put all your fears aside and analyze your scenario and come up with an “end game”.   I don’t want to see you end up in a tent city.

 

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FILING QUIET TITLE ACTIONS: THE RIGHT TIME VERSUS THE WRONG TIME

This op-ed piece is not legal advice, just the poster’s observations!

Within the last few months, I’ve been receiving emails and phone calls from people who are either contemplating filing a quiet title action to clear title to their property or have actually filed one and are wondering if they did the right thing.

I say (in non-lawyer-like fashion), “It depends on what attorney you talk to.”

Many attorneys across the country have won numerous quiet title actions, trespass to try title actions and suits to remove a cloud; however, this quasi in rem realm now supports a different type of quiet title action … those involving securitized mortgages, which mean the involvement of Mortgage Electronic Registration Systems, Inc. (MERS).  There are few attorneys that understand quasi in rem actions and fewer have not won them let alone satisfactorily addressed them in a court of law or of equity.

In the latest California cases involving MERS and its parent, MERSCORP Holdings Inc., MERS’s counsel has brought the same three arguments into play (whether amended or not):

  1. That MERS and MERSCORP’s civil rights have been deprived under the 5th and 14th Amendments to due process;
  2. That the California quiet title statutes are unconstitutional; and
  3. That both entities are entitled to Notice of any quiet title action brought where they are named as anything on the affected mortgage or deed of trust;

In both the Robinson and Johnston cases, MERS and MERSCORP’s attorneys asserted these claims.  In the Johnston case however, the judge did not agree with the word “Robinson” every time MERS’s attorneys brought their name up.  It never ceases to amaze me how two judges in the same federal district can come up with two different thought processes on whether or not a California Superior Court Judge committed a civil conspiracy against MERS and MERSCORP by ruling on a petition to quiet title when there is no recorded interest in the real property records that specifically identifies WHO (besides the property owners) holds superior title.

In the initial oral arguments in the Robinson case, the federal judge (Gutierrez) spent 45 minutes arguing with MERS’s Counsel (Owen Campbell from Severson & Werson in Irvine, California) over what rights MERS and MERSCORP didn’t have.   Then, months later, reversed himself in response to a judgment on the pleadings that was (I believe), illogically misfiled by the Robinson’s then-counsel (Susan Murphy, who I would never retain to defend my title if my life depended on it).  How does this happen, you ask?  Political pressure?  Maybe.  Judicial pressure?  Maybe.   Payoff or bribe?  Hmmm.  Makes you wonder, doesn’t it?

But the point is, when you ask an attorney HOW MANY quiet title actions he (or she) has won involving quasi in rem issues, you’re likely to get:

  1. A deflected response; or in the alternative,
  2. An argument against filing quiet title actions.

After talking to many attorneys, I have determined (in my own paralegal-consultant sort of way) that there is a right time and a wrong time to file a quiet title action.

The Wrong Time to File a Quiet Title Action

Quiet title actions invoke a remedy in equity.  By all fundamental reasoning, quiet title actions do not give cause to resolving issues of standing when a foreclosure is present; thus, the time to NOT file a quiet title action is when you are facing foreclosure.  My research shows that judges are likely to view your quiet title action as a “ploy” and when the banks’ attorney walks into court and says, “Your Honor, they just want a free house!”, your quiet title action goes right out the window!

Why?  Because you failed to attack and defeat the foreclosure FIRST!   This is done by making the other side prove its case.  Most of the time, the homeowner, who’s already so pissed off they could literally sink their teeth into the opposing attorney’s ass as soon as he/she opens their mouth, is screaming “fraud” in the courtroom, especially if they’re pro se (or pro per, I don’t care).  They bring in armloads of research in an attempt to “prove a negative”, which I deem appears counterproductive to the effort of making the other side prove its case.

In the alternative, they file a quiet title action, along with ten other claims for damages (or let their attorneys do it for them), naming a dozen or so defendants (to which I say, “the attorney should’ve known better), which enormously drives up the cost of litigation.

Why?  Because it costs money to serve all of the named defendants and money to publish against unknown defendants, that’s why!  Then you have to factor in that each defendant will file an answer (oh, and here you thought they would all default?  Seriously?) and each answer they file requires a measured response.  Each measured response will cost you big time.  That too adds to the costs of litigation.   Then there is discovery on each defendant.  Multiply your discovery costs (along with the depositions) for each defendant.  Now you’re talking some serious coin.  This could have all been prevented with a little hindsight.

It is my belief, along with most of the successful foreclosure defense litigators I work alongside (as a consultant or contributor to the effort) of, that Rule #1 is “MAKE THE OTHER SIDE PROVE ITS CASE!”   Half the time, they can’t.

SURVEY SAYS: Stop the foreclosure first.  Get a dismissal.  Then look into the other option.  Countersuit or quiet title action. 

The Right Time to File a Quiet Title Action

Because of the MERS® System business model, there is an “Achilles’ Heel” that apparently was recognized by Judge Gutierrez in the Robinson case.  At the time the quiet title action was filed, there was no recorded assignment of deed of trust in the real property records of Los Angeles County, California.  The original lender, United Pacific Mortgage, was defunct (that means, out of business and couldn’t be located) and had to be served through the Secretary of State, by permission of the Court (the Superior Court).   The numerous quiet title actions filed by Al West took (on average) of about six months.  It should also be noted in the Robinson case that at the time of the quiet title filing, there was no alleged default; thus, no controversy to rule on, despite any non-appearance by any claimants.

Thus, if you’re NOT in default (that too, has to be rightfully determined, given the propensity in securitization that the investors who actually funded your loan were paid and the sponsor-seller of the REMIC made money at least 5X over the loan amount) and your original lender is out of business … WHO ARE YOU GOING TO SERVE?   The lender of record.  This is what makes quiet title actions so “timely” in this scenario.

The MERS’ Business Model is Flawed! 

MERS is a “day late and a dollar short” on its business model.  This goes to show you that you can’t “have your (business model) cake and eat it too” (Geez, two cliches in one paragraph … I’m on my A-game today, folks!)  MERS promotes to its system users that it doesn’t have to pay recording fees. MERS makes all the money when its system’s users electronically transfer the borrower’s loan on the MERS® System; however, the MERS Rules of Membership specifically state that the users of the system don’t have to file or transfer anything on line if they don’t want to.  So, the Milestone Reports are disclaimed here as “a joke” and not worth using in discovery.  Even MERSCORP disclaims the information on its website for accuracy, knowing that its users don’t always “use” the system.

Now ask yourself why it is that MERS’ users think they can simply draft an assignment (with no knowledge of the validity of its contents) and record it, showing the Assignor being the originating (defunct) lender and the Assignee being the REMIC trust (who can’t accept assignment past the cut-off date of the REMIC, which of course, MERS will argue doesn’t matter because the Borrower is not (mistakenly) a party to securitization, when we know damned well they are!   So in this equation, there’s the Assignor, the Assignee and the TOTAL ASS (the one creating the assignment out of thin air with no proof of its contents)!

They’ve Been Warned! 

These morons are paid independent contract signers who sit there all day and sign hundreds of these documents in robotic fashion.  These are the entities that must be deposed.  In the long run, many of them will face jail time and will rat out their bosses to save their own asses.   Bank of America, N.A. is one of the biggest producers of these “manufactured assignments” and its “bosses” will face some real criminal issues at some point, I predict.  They’ve been warned!

Bank of America is not alone in its distorted thinking however.  Wells Fargo Bank has its own document manufacturing plant in Dakota County, Minnesota (and the Minnesota AG’s office is “watching it” with keen interest).  Citimortgage has a document manufacturing plant in St. Charles County, Missouri.  Chase has two known document manufacturing plants in Monroe, Louisiana and Columbus, Ohio (at its fortress).  You’ll see more self-assignment/self-serving-type garbage being generated by these folks.   All of this is done to create “standing” for whoever is going to attempt to steal your home in foreclosure using manufactured documents for the purposes of theft of property through the simple costs of litigation.   Be prepared to shell out for depositions in your foreclosure case.

Then there’s Nationwide Title Clearing, who was named in 40 separate allegations of criminal wrongdoing in the Osceola County Forensic Examination. They now boast over 16-million documents recorded (kind of like the sign under the “golden arches” that says (rhetorically), “over 16-million served”) in land records all over the country.  This is going to expose this band of folks to a whole plethora of criminal charges, because current evidence shows that the people manufacturing these documents are paid minions with flimsy “capacities” to support their activities.  When it all shakes down, NTC employees will rat out their superiors to the grand juries investigating NTC (“the writing is on the wall”).  OMG!  Another cliche!  Can you say, UPL?  That’s a felony folks!   You can’t “buy” your way out of prison like Jamie Dimon can!

We discuss this extensively in THE QUIET TITLE WAR MANUAL!   Keep watching the Clouded Titles website for details!

Back End Defense! 

In summation, there is NO GUARANTEE that (in the quasi in rem realm) that your quiet title action will hold as long as MERS is allowed to permeate the land records with the crap that its robomills put out in its name.  Hell, MERS doesn’t even know who’s generating what at any given moment.  How can they defend against that?   We still haven’t heard the last of the “alleged resolution” that gave William Hultman authority to appoint anyone as a “signer” for MERS, so that’s about 20,000+ robosigners that have an opportunity to “rat MERS out” to the grand jury to save their own asses!

You may be able to beat the rap, but you can’t beat the ride, eh Bill?

Yes, MERS does read this blog.  In another chapter, I’ll address the issue of how to get MERS’s attorneys disbarred.

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NANCY BECKER FILES NEW PENNSYLVANIA LAWSUIT; SEEKS MONEY DAMAGES FROM BANKS; QUIET TITLE FOR THE AFFECTED PROPERTIES!

BREAKING NEWS OUT OF PENNSYLVANIA … 

Montgomery County, Pennsylvania Recorder of Deeds Nancy Becker is the lead Plaintiff in a new class-action lawsuit filed against The Bank of New York Mellon, The Bank of New York Mellon Trust Company, Citibank, N.A., Deutsche Bank National Trust Company, Deutsche Bank National Trust Company Americas, HSBC Bank USA, N.A., JPMorgan Chase Bank, N.A. and Wells Fargo Bank, N.A.

This lawsuit asserts what many of us have suspected for years … that the major banks had the most involvement in residential mortgage-backed securities and that a borrower’s loan is transferred multiple times before it is conveyed to the trustee on behalf of each trust.

The suit then ties the “MERS® System” into the whole equation by citing the recent order entered by U. S. Eastern District Judge Curtis Joyner that MERS and MERSCORP acted as agents in helping the lenders named in this lawsuit violate the Recording Statutes of Pennsylvania at 1 P.S. §§ 351,444 and 623-1 by failing to record and pay fees for each part of the chain of conveyances into the trust, in addition to the multiple times transfers may have occurred within the “MERS® System” prior to the commencement of the foreclosure action against any given borrower.

THE LATEST COMMENTARY …

BULLY! for Nancy Becker and ROUND TWO of the latest assault on the pocketbooks of the major players in the 2008 scam against America’s standard of living. The suit not only seeks damages, but in what I consider a precedent-setting move, the suit also seeks to quiet title to every property in Pennsylvania that MERS had anything to do with as a agent.  If that happened, Pennsylvania would be the first State in the Union to lien-strip all MERS-originated mortgages and negate their interest in chains of title to over 75% of the State. I use the 75% figure because the number of mortgages in Pennsylvania requiring larger loans would involve the use of MERS because of the cost of living and average market price of homes in Pennsylvania.  The damages would be icing on the case as “restitution for Defendants’ unjust enrichment”, according to the suit, being spearheaded by four law firms, two each from Pennsylvania and DC; like sharks circling the chum.  And why shouldn’t they?

The integrity of the public records has been compromised all over the United States.  At least three more entities have contacted my firm to inquire about audits/forensic examinations since the findings within the Williamson County, Texas Real Property Records Audit were released back in January of 2013.  I predict that more of them will line up once they see the positive results of suits filed by Becker and others.  Williamson County joined Travis County, Texas in the Nueces County, Texas challenge against MERSCORP and Bank of America.

My take on the South Texas federal fracas is if the posturing by the same law firm that handled the Dallas County v. MERSCORP et al lawsuit isn’t reframed, then Williamson County will be sent packing, empty-handed.  The intent however is clear.  MERS and MERSCORP may have won a few rounds in courts across the country, but in Pennsylvania, the Joyner decision is making rectums pucker at 1818 Library Street.

My latest prediction:

Eric Holder will end up back at Covington & Burling in another cushy partner position after he leaves his AG office.  Other news sources are reporting that Holder sent “postured warnings” to Wall Street, telling them to watch out for “moles” in their ranks in a September 17th speech to what I call the “Manhattan Lawyers Party”.  Due to Holder’s current AG “behaviors”, we should expect nothing less than being rewarded with a cushy new position for protecting the banks from criminal prosecution.

Added later in the day:  Okay … so this prediction was wrong … however, the $77-million a year job at JPMorgan Chase is even more damning … I wonder when he got that offer?   While Chase was paying the DOJ $16-billion as penance for its sins?

If I was a REMIC … 

I’d be worried that at some point, the real truths about the tax-exempt structure would come into question.  Even if the U. S. government is “in bed” with the banks, there is nothing stopping county grand juries from taking all of the players in this scenario to task.  Look what Nancy Becker is doing … going after the Trustees who claim they own your paper and have standing to foreclose on you as a Plaintiff.

My Plea to Robosignors:

If you work in a document manufacturing plant as one of these “employees” I just referred to … and you want to be a “mole”, please send me a private email (anonymously of course) through the Clouded Titles Website CONTACT LINK (here) … and tell me your story.   All matters will be handled in confidence.  This would be considered my final offer, because if you don’t, you could be facing the criminal charges I just referred to.  Is jail time worth your measly $10/hour position … or would you rather be resigned to a life of flipping burgers?  Some county will prosecute you at some point … sooner than later, I think.  Unless you have actual knowledge of the facts you are attesting to, you shouldn’t be signing two thousand documents a day claiming to be a Vice President of something you’re really not!   Soon, it won’t be worth operating a document manufacturing plant because hearsay robosignors will end up in prison.

My Plea to Notaries Affixing their Seals and Signatures on Robosigned Documents: 

If you work in a document manufacturing plant as a notary that acknowledges these types of documents … and you are finally getting a conscience and want to come clean anonymously, please send me a private email through the Clouded Titles Website CONTACT LINK (here) … and tell me your story.   All matters will be handled in confidence.

As an “officer of the State” you are in, you are held to a higher standard and will be held to a higher standard when the prosecutions start … and they will.  Not only will you be facing RICO charges for your participation in the scheme to defraud homeowners (and felony jail time for perjury), you will also lose your commission.  You may also end up like Tracy N. Lawrence, the notary out of Nevada that I claim met her end “Marilyn Monroe Style”.   Whatever the case, prosecutions change the course of history.  What will be your mark in the annals of history?  Will you step up and do the right thing?  Or will you go down as a participant in a thieving criminal enterprise?

If you operate a Document Manufacturing Plant:

I have no mercy on you when you behave in the nature and style of Lorraine Brown.  You saw what happened to her.  Didn’t you learn anything?   I look into my crystal ball and see that your time is coming.   Your robosignors and notaries will expose your methods to a grand jury near you.  Your days will sound like a “60 Minutes” redux of Lynn Szymoniak’s April 3, 2011 appearance with Scott Pelley. America will rise to the occasion and honest people will rise up and wipe your ass with the paper that represents your misdeeds.  Boone County, Missouri did it.  They launched their own private investigation and brought it against DOCX and its President Lorraine Brown and brought the findings to the attention of Missouri AG Chris Koster, who prosecuted it and not only got 2 years for Brown in a plea deal, but another $2.1-million in fines in the Show Me State General Fund.  When these cash-starved counties start to see the sense in criminal indictments because of the fines and restitution that could be gained from the resulting prosecutions, I predict there will be more of them.

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