Tag Archives: WKDW-FM 97.5 Radio

THINKING OF PLEADING TILA? THINK TWICE!

BREAKING NEWS — OP-ED — 

The U.S. 8th Circuit Court of Appeals has just affirmed the U.S. District Court’s decision (for the District of Minnesota) on the Jesinoksi case once and for all.

Why am I not surprised? 

See the Opinion here: Jesinoski v Countrywide Home Loans Inc et al, 8th App Cir No 16-3385 (Feb 28, 2018)

It did not fare well for the Jesinoksis TILA claims, which were narrowly ruled upon by the U.S. Supreme Court and sent back down to the U.S. District Court for further determination.

There are a lot of folks out there who are caught up in mortgage loans of their own making, now realizing that they “coulda, shoulda, woulda” when it came to disputing whether or not the lender of their mortgage complied with all of the regulations in the Truth-in-Lending Act (TILA).  The facts of the case are pretty much self-explanatory, but very narrow in interpretation, so I’m not going to belabor the point by regurgitating the pain of explaining it again.

If you’re going to plead TILA, read this case first and realize what the court accepted and what it didn’t.  If you didn’t comply with ALL of the requirements of TILA, you will find yourself in the same boat as the Jesinoskis.  I hate to make an example of them, but as the result of this case, a lot of wannabe paralegals and attorneys have fleeced homeowners for money, claiming they can help them file a TILA case on their behalf, only to find themselves in more legal hot water than they bargained for.

First, TILA is a federal regulation.  That means it has to be litigated in federal court, where judges are bound by this decision.

If your attorney has never successfully litigated a TILA claim, then why did you choose that attorney?

Filing a rescission does NOT mean you get a FREE HOUSE!  I don’t give a damn what these well-meaning “pro se paralegals” tell you.  If someone makes that assertion, run like hell in the opposite direction!  With TILA cases, there are strings attached … and because there is a mortgage loan involved and the homeowner inured to the benefit of that loan, then there will be hell to pay when the homeowner has to solely rely on TILA claims instead of looking for real “red meat”, like the fact that the loan started out with America’s Wholesale Lender (“AWL”), which Bank of America, N.A. claims is its subsidiary, when in fact, there is no recorded proof in the New York Secretary of State’s office that indicates that AWL was a “New York Corporation” at the time it allegedly made the Jesinoski’s loan.  The focus of the Jesinoski Complaint was that they did not receive the required number of TILA-related copies, which the Court found to be inaccurate.  If this is the best one can do … not getting the right number of copies … (I’m shaking my head now) … this just set precedent as well as a learning curve for others.  It appears that a non-existent New York Corporation (vis a vis the lying bastards and thieves at Bank of America, N.A.) just stole the Jesinoski’s home and no one even bothered to contest whether AWL was actually a legitimate entity at the time the loan was executed.  Of course, MERS and Mortgage Electronic Registration Systems, Inc. were involved.  Both Delaware corporations were involved in ALL AWL TRANSACTIONS!  The whole thing was a sham based on a sham corporation.

Don’t believe me?  Look here: US Bank v Dimant_2013-CA-001130

When you don’t look at the whole picture, this is what happens to you.  Learn from the Jesinoski’s mistakes.  Federal judges are NOT big fans of American homeowners!  Do your research before jumping in with both feet.

This was a very expensive case to litigate all the way up to the U.S. Supreme Court and back.

It started at the U.S. District Court level (the District of Minnesota, a Torrens State, which does NOT favor homeowners and loves MERS).  The State of Minnesota enacted the “MERS Statute”.  And you want to live there?  Seriously?  This should have been an indication that in Minnesota, you either pay your mortgage or you’re homeless … or you move elsewhere.  If MERS is in your chain of title, it doesn’t matter about Torrens issues, your title in Minnesota is still shit!

Then it went to the 8th U.S. Circuit Court of Appeals, which ruled against the Jesinoskis, who then appealed it to the U.S. Supreme Court, who narrowly ruled on the law and sent it back down to the U.S. District Court, who correctly determined that the Jesinoskis were incorrect in their assumption of the TILA regulations.  They then appealed THAT ruling to the 8th Circuit again, which affirmed the lower court and now the rest is history.  Unless the Jesinoskis attack the real culprit, the phony AWL New York Corporation, they might as well pack their things and find a new place to live.

Don’t let this be YOUR “hard lesson”.

Listen to Dave Krieger, Clouded Titles author, on WKDW-FM, 97.5, North Port, Florida, Friday Night at 6:00 p.m. EST on City Spotlight, Special Edition (with co-host R.J. Malloy, retired attorney and former Clerk to a U.S. District Court judge), streaming live on kdwradio.com.  Click “LISTEN LIVE” to join the broadcast.  Dave will be talking about a variety of consumer-related issues, including this one!

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DESPERATE TIMES MAY CALL FOR DESPERATE MEASURES

OP-ED (UPDATE)

The author of this post is a paralegal and consultant to attorneys in real property and foreclosure matters. Any information or suggestions proffered on this blog are not to be construed as legal advice, nor to they impliedly guarantee any legal outcome or attempt to draw any conclusions of law.  

This Friday night’s radio show on WKDW-FM (97.5 mHz) in North Port, Florida (streaming live on kdwradio.com), November 2nd, 6:00 p.m. EDT, promises to be one of the most informative programs you will hear me broadcast to date on my weekly City Spotlight – Special Edition segments.  It talks about what to do in the face of despair in buying a home after you’ve suffered through financial setbacks and foreclosures.  All of you blog post readers get to have a sneak peek at some of what I’ll be discussing on the show:

After I get done talking about all of the attorney and judicial misconduct, I’m going to cover the following …

Okay, so your credit is screwed up, now what?

First, I will be discussing the setbacks (foreclosures, short sales, deeds in lieu and credit restoration) that a large number of homeowners have faced or are facing.  There are several avenues you can take to correct these setbacks; however, like anything else, they take time … time you might not have.

Fair Credit Reporting Act lawsuits are on the rise!

Hear all of the latest statistics over the past year to date and why! I’ll even cover part of your attack plan …

The Nuclear Option

Many homeowners have opted to take the bankruptcy route.  Not to forget those who thought it was a humiliating experience, you should learn from our Commander-in-Chief, who has companies that have filed bankruptcy on numerous occasions to restructure themselves and are still operating!   I’ll discuss bankruptcy pros and cons (the way the banks think) in some detail, including Chapter 11 reorganization proceedings and how they can work to your benefit … without you even being at risk of having your credit rating tainted or having to come up with gobs of money to play the game!  

Getting back on your feet … 

You would think that many homeowners would have learned through their dilemma how NOT to make the same mistake again.  Surprisingly, many homeowners keep repeating the same mistakes again and again, out of desperation.  I’ll be discussing what the industry considers your opportunity for a “bounce back” … for which I’m providing you with a chart:

Those of you listening to the show can follow along on this chart as I explain it in detail. 

Alternative methods for gaining control of your life … 

Are you suffering from the “Titanic Syndrome”?   Rather than struggle, why not look at your options.  I’ll discuss those “alternative” scenarios in a little more detail on the show!

Sorry … you’ll have to tune in to get the rest of the info, because no one likes reading huge blog posts (apparently).  Click on the above internet link and then click LISTEN LIVE!

This coming Friday night at 6:00 p.m. … join me for City Spotlight – Special Edition (as I always do every Friday night) with guest R. J. Malloy, retired attorney and former clerk to a U.S. District Court judge!  The stuff you’ll hear on this show you won’t hear anywhere else.

Know that on November 2, 2017 … not only is it mass education … I am going to rip the banking industry (and the ever-complicit Big Brother … you know who, the system that’s complicit with the banks!) a new asshole on City Spotlight – Special Edition!

Click the button below for more details!

 

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Dave Krieger Hosts City Spotlight Today! LIVE AT 2 PM!

BREAKING NEWS — 

Clouded Titles author Dave Krieger is the weekly show host of WKDW-FM’s “City Spotlight – Special Edition”, which customarily airs at 6:00 p.m. EDT on Friday.  Until the station fully upgrades its phone system, we will be presenting our broadcasts as pre-taped, with the exception of today.

Those of you in the WKDW-FM (97.5 mhz) listening area can hear the broadcast live at 2:00 p.m. EDT today.  We plan on having city and county officials on the program to update conditions in the area affected by Hurricane Irma and what is being done to bring everything back to normal.

The real treat for the regular Friday night listeners, is that we are going to “embellish” the live broadcast, which will be taped to run on the internet at kdwradio.com (if the internet is back up and running by then), is the broadcast done live today, with some additional audio clips you will find to be hilarious and quite “stinging”, given Florida Governor Rick Scott’s messages of “If you don’t leave, you will die!”

This Op-Ed and informational show will be most informative and also critical of the way the news media, the National Hurricane Center and the Governor’s Office portrayed the storm.  No holds barred.  We’re taking aim at price gouging, including the retail markup of generators, which weren’t available BEFORE the hurricane, but all of sudden, they seem to be everywhere, marked up from what they were in price before the storm.

Widespread panic created by manipulated and hours-old information cannot and should not be tolerated.  That is what we are dealing with here …

You have to ask yourself, can TV weathermen and cub news reporters be trusted?  Really?   Tune in and find out how scathing we can be in our critique of the way things were handled … gas lines … traffic snarls … mass evacuations … power outages … gas shortages … and those black helicopters that keep flying at low altitude over my house (I’m not kidding here) … who do they belong to?

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JOIN DAVE KRIEGER ON CITY SPOTLIGHT … FRIDAY NIGHT AT 6:00 P.M. EDT!

(BREAKING NEWS) — 

Clouded Titles author Dave Krieger hosts his weekly radio show, featuring guest real estate agents Sal Guiliano and Linda Kelly (from Elevate Real Estate Brokers) talking about the “ins and outs” of buying and selling real estate in today’s hot Florida seller’s market.

Dave also has the latest updates from the nation’s courts on foreclosures, new case law and interesting takes on the financial markets, along with R. J. Malloy, retired attorney (and Dave’s “legal voice of reason”), WKDW-FM Station Manager (and former law clerk to a federal district court judge).  You won’t find the “truth” anywhere else but here!   Click the WKDW logo to listen live!

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