Dave Krieger: Back from the Dead!

(BREAKING NEWS) — To those in the rumor mill that fed into, regurgitated and spread falsities about my alleged passing of heart attack … I’m very much alive! I didn’t take the jab or the swab and have no intention to.

As a matter of fact, last Friday (January 27th) I was on InfoWars with Owen Shroyer:

Power Hour Host Dave Krieger Drops Truth Bombs on Infowars: https://www.bitchute.com/video/tzTT1yyiqHTG/

Click the Link above to see the broadcast!

The California Foreclosure Relief Defense Seminar was a smashing success! We even video taped it and those DVD kits will be available for sale in the near future on the Clouded Titles Website! Attorneys, investors, loan officers and homeowners were in attendance at the event, hosted by the CalForeclosureDefenseLawGroup!

After the Alex Jones show aired last Friday, the CloudedTitles.com website was inundated with inquiries from concerned listeners and viewers about real estate. All of the Clouded Titles books were sold out on Day One and will have to be re-ordered!

So … for those out in foreclosure land who were freaking out because they heard rumors that I died … think about who might have generated those rumors. Could it be that someone knew I was going to be teaching another seminar and decided to try to kill the event by publishing false information? Who would have that motive? Got an answer to that question? We’d love to hear your comments!

Hear Dave Krieger on The Power Hour weekdays (Monday-Friday) from 7-9 a.m. Central Time.

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THIS SATURDAY: California Foreclosure Relief – Defense Seminar

(BREAKING NEWS) — With an anticipation of an estimated 300,000 upcoming foreclosures in the Golden State (California), Redondo Beach, California attorney Al West has launched a Foreclosure Relief – Defense Seminar, slated to be held this Saturday, January 28, 2023. See the details below:

The CloudedTitles.com website registration has now been activated. There are still seats available for the upcoming seminar. You can access the Syllabus and the Registration Form below (as well as on the website itself):

Currently, there are 13,539 active foreclosures in the State of California. Currently, there are over 2,800 active foreclosure sales scheduled in the State of California. Many of these foreclosures involve REMICs and their connective mortgage loan servicers (who are really doing the dirty work in an attempt to unjustly enrich themselves). This is not an uncommon scenario and you can anticipate that with the current election cycle behind us (not the “Red Wave” you were expecting) and the challenges thereto, there will be more political infighting as well as a serious uptick in foreclosures across the entire nation as inflation causes mortgage loan defaults and subsequent foreclosures; thus, it’s time to prepare NOW, BEFORE you go into default (or are in anticipation of being in default soon).

The material discussed in this workshop regarding the Homeowners Bill of Rights is specific to the State of California; however, the balance of the material discussed can apply to all 50 states. Based on the low cost of attending this Seminar, you may wish to consider attending. There are only 150 seats available for this event, classroom style. You can look for future discussion of this event on the Republic Broadcasting Network and The Power Hour.

If you wish to reserve a seat in this 1-day event, you should contact Dave Krieger directly at (512) 718-9604 after 1:00 p.m. (CST) Monday-Friday and reserve your seat with a credit card or go to the Clouded Titles website and click on the link to register through the shopping cart. The basis for attendance at this Seminar is first-come, first-served. For those concerned with COVID-19 restrictions, there are none at this workshop (no jabs or masks or social distancing required). There are restaurants in the host hotel and you get a free, made-to-order breakfast with your hotel sleeping room booking. For a more detailed explanation of the event, please read through the attachments on this post before contacting us about attendance arrangements.

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When Spokeo rears its ugly head

(BREAKING NEWS, OP-ED)–The author of this post is a paralegal and consultant to trial attorneys and covers this case in his book, The FDCPA, Debt Collection and Foreclosures, an in-depth analysis of the paradigm shift in debt collection and foreclosure defense litigation strategies. DISCLAIMER: The opinions and case analysis expressed are that of his own and do not constitute legal advice.

Available at CloudedTitles.com

Here we go again … another case in federal appeals court … another recognized attempt by a homeowner that failed when applied to the Spokeo v. Robins case handed down by the United States Supreme Court, 578 U.S. 330 (2016). See the case below:

While the case specifically denotes cases applicable to the Fair Credit Reporting Act, it has been judicially recognized in all 50 states as being the benchmark for proof of injury and raises the bar for such.

The case in chief is Foster v. PNC Bank, N.A. and wouldn’t you know it … Spokeo got tossed in for good measure because the homeowner (Foster) relied solely on his affidavit and couldn’t prove causation. See the case below:

To get to the nuts and bolts of Spokeo and how it was applied to this case, see pages 10-11 of the Foster ruling.

Page 11 of the Foster ruling clearly identifies that Foster lacks standing because the injury he is trying to prove happened is not fairly traceable and under Spokeo, it has to be an actual injury-in-fact! There’s no getting around this if you want Article III standing to pursue such a case.

It looks as if this case could have been done pro se. Most pro se cases fail because of 3 reasons: (1) lack of understanding and application of the Federal Rules of Civil Procedure; (2) lack of understanding of how case law should be applied; and (3) evidence based on emotion and not facts supported by evidence. Once you clearly read this case, you might understand why the author of this post thinks that way.

NOW … Why can’t Spokeo be applied to foreclosure cases?

Why can’t homeowners make the bank or REMIC Trust prove it suffered a concrete injury-in-fact under Spokeo? That question posits multiple answers because there is specific contract law involved.

Based on paralegal-level research, bringing any kind of claim against a creditor should be entertained BEFORE the real problems begin (like getting a notice of default). This author blames homeowners for not constantly checking their public land records for suspect documents, especially in the cases of REMIC trusts, wherein third-party document mills generally crank out manufactured documents that attempt to memorialize when a particular loan (mortgage or deed of trust and note) was actually conveyed into a REMIC trust pool. Sadly, most of the documents creep their way into the public record just before the foreclosure starts. And no one finds that just a little suspicious?

Even more unfortunate, because of the way the deck is stacked in court, judges don’t like giving homeowners free houses just because they come running and screaming into court with a two-dozen (or 200) page complaint, filled with emotion, conjecture and nothing concrete to back it up with, or, in the alternative, attempt to use all that wasted space to try to educate a judge towards their point of view with no attached exhibits or any other evidentiary process to back it up. This author has seen this in hundreds of cases he has reviewed, even by attorneys who thought they were good foreclosure mill attorneys (they miss stuff too)!

The key here, especially in REMIC trust cases (most of which are formed in New York or Delaware), there are commonalities that typically get overlooked and case law can and should be applied whenever possible to support whatever argument is being made. Unfortunately, many pro se litigants miss that opportunity and just continue to rant because they think they were unfairly treated by their mortgage loan servicer, who is the real party behind the foreclosure … not the closed REMIC. What? The REMIC was closed? When?

Does anyone bother to read the REMIC’s 424(b)(5) Prospectus and attempt to tie information into their cases? This author hasn’t seen much evidence of that lately because attorneys dealing in foreclosures believe the judge doesn’t care what happened to the loan if it went into a REMIC trust. This is where knowing how to pick your battles makes all the sense in the world. The Prospectus analysis in of itself can be extremely daunting and time consuming, unless you know where to look. Then you have to apply what you’ve discovered to your discovery to make sure what you think you know can stick in a court of law. It’s called securitization failure.

The bottom line however, is whether the REMIC settled with its investors at any point in time in its history or whether the mortgage loan servicer actually performed under the Prospectus agreement and made the payments of principal and interest as identified under the ADVANCES section of the REMIC’s own governing regulations. If the payments were made by the servicer (whether the Borrower paid them or not) … then who has suffered actual Article III concrete injury-in-fact under Spokeo. There’s the rub.

If the servicer has been paying the certificate holders and the action is being brought on behalf of the certificate holders based on borrower default … how’s that possible? The servicer has paid the monthly payments to the certificate holders, so where’s the concrete injury-in-fact? The borrower isn’t in default if this is happening, are they? Who brings that up in court? Who asks the court to determine an injury-in-fact? Hmmm.

Because the bank is trying to foreclose, the courts automatically assume they own the loan; otherwise, why would they be filing a foreclosure action in the first place?

There’s the other rub. If the case involves a REMIC trust, this author believes with a certainty that the mortgage loan servicer is playing “lender” and claiming it has the right to foreclose when it can’t prove actual concrete injury-in-fact based on contract law because it doesn’t have a contract with the homeowner. Yet, bank’s attorneys come into court and misrepresent those facts all the time in an attempt to create standing for a fictitious plaintiff (one that no longer exists in most cases).

Yep, none of this seems fair, does it? But, as any good paralegal can tell you, all of our collective work is research and if you don’t take the time to do it, you can’t prove anything and your case is dead in the water before you even get started.

Then there’s the other faux pas … suing everything under the sun because they’re identified with the REMIC. Example: MERS. Big waste of time. MERS is owned by the same company that owns the NYSE. Where do you think you fit into that financial scheme of things. MERS has more money than any pro se or attorney-supported litigant out there and will outspend you and give you nothing. Besides, from a paralegal’s standpoint, it adds well more to the costs of processing a case because of service issues, actual service of process, filing responses and memorandums for every single defendant named. So what if MERS was used to electronically facilitate the transfer of securitized mortgage loans. Case law on MERS is so diverse and scattered among the states and federal circuits even the U.S. Supreme Court won’t entertain looking at MERS-related cases 99.9% of the time.

Declaratory Relief Actions

This is why this author likes declaratory relief actions. While these types of actions are discretionary at the federal level, state court judges will normally entertain them. You’re asking for a determination on a question, not a final ruling. To get to the final ruling, you have to have your questions answered, enough to prove your allegations contained a factual basis, as determined by the court. This paralegal and consultant always sees better results when dec relief actions come early and go after specific targets and not just a bunch of ballyhoo on paper. Since most judges are being ordered to clear dockets, does your case really belong in foreclosure court where all the judge sees you as is a deadbeat? Or would it be better if you were in a county court of law where the judge wasn’t occupied with foreclosure as the main issue? This author has seen successes with the latter of the two modes.

Yet homeowners wait until everything is “around their ankles” before they act. The author blames this on the lack of legal education. Spokeo (since its 2016 ruling), has been wielded like a two-edged sword, mostly in favor of the lenders. In closing, this means one would have to spend serious time doing research and digging up the facts to build an actual case. Spokeo is law. Spokeo is not emotion. People would do themselves a big favor by studying the law, especially tort law. Prosser and Keeton on Torts, 5th Edition would be a great start.

The author is also nationally-syndicated talk show host on The Power Hour.

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Nationwide foreclosures are up over pre-pandemic levels

(BREAKING NEWS/OP-ED –) Attom Data (which supplies information to RealtyTrac®) has released a fairly comprehensive report which indicates that foreclosure starts are up 167% from a year ago! What’s worse is that the average time to foreclose nationwide has decreased 4% from a year ago, which can only mean that the banks and their mortgage loan servicers have become more aggressive in their foreclosure processes.

California, Florida, Texas, Illinois and New York led the pack out of 233 metropolitan statistical areas. Markets seeing a lower decline in foreclosure starts were Tulsa, Kansas City, Birmingham, Minneapolis and Cincinnati. In sum total, 92,634 properties had foreclosure filings, whether it be default notices, scheduled auctions or bank repossessions. Lenders repossessed 10,515 properties from American homeowners during the third quarter of 2022. The reason, according to an Attom Data spokesman, was because borrowers were leveraging their equity and selling their homes and downsizing rather than risking an equity loss due to foreclosure.

The report is here:

ANALYSIS: Now, let’s figure out why there is an uptick in foreclosure activity.

The foregoing figures are only for the third quarter of 2022; thus, we have to factor in similar amounts for the first two quarters and the last quarter, which, taking into consideration the average third quarter numbers, the total figure for the year would be somewhere around 370,000 homes this year. If you look at the rates during the 2009-2016 foreclosure crisis, which totaled 10.2-million homes seized, the total foreclosure numbers are coming in at around 4.45-million that can be expected over the next 7 years. That’s nearly 50% of the previous total of homes seized during the first foreclosure crisis. And you can bet that BlackRock, Vanguard and State Street (major institutional investors) will be buying these homes up and converting them into rental properties. How’s that for turning this country into a nation of renters? Clouded titles and all.

What has happened to the U.S. economy since the beginning of the decade?

Up until January of 2021, America had it good. We were energy independent. Gas prices were low. Grocery prices were low because the cost of shipping goods to market was lower. The supply chain was functioning at about 50% due to the pandemic but largely because people were too afraid to go to work because of media fearmongering. They would have rather stayed home and lived off the government dole than go back to work, post-pandemic. So, in short, it would appear the “chickens are coming home to roost” (as it were.

When the pandemic actually hit (March 17, 2020), Americans bought into the government’s crap hook, line and sinker. It became impossible for many to go to work and some were able to make arrangements to work from home. Many lost their jobs out of fear they would catch COVID-19 and die and didn’t bother showing up for work. Foolishly, state governments bought into the lies about mask wearing, social distancing, business closures and finally the jabs (delivered by and through the media, which promoted it as a vaccine, when in fact they weren’t). Over 220-million Americans received at least 2 jabs before many in that population either suffered adverse effects or death. I would anticipate that not only did the hospitals get rich (at $300,000-$600,000 per patient) due to government incentives, but Americans who refused the jab due to government mandates lost their jobs and thus, were unable to pay their mortgages. Despite the moratoriums, those days of grace would soon end and the foreclosure mills were all too happy to jump on the foreclosure bandwagon.

Unfortunately for most Americans, they continue to remain ignorant as to the fact that most of their mortgage loans were securitized. One of my associates has been fighting his foreclosure for over 13+ years and when ordered to pay attorney’s fees to the other side’s lawyers, he wrote a specific payment check to the REMIC (an acronym for Real Estate Mortgage Investment Conduit), which is what accepted all of these securitized loans, allegedly, and also very untimely. Here’s the attorney’s fees check:

Notice anything interesting about how the checks were made out? They have yet to be cashed … because the REMIC is closed and has been since 2007. If this isn’t proof in the pudding, I don’t know what is.

The Court agreed that since the Plaintiff was the REMIC, the check should be made payable to them, for in turn, the REMIC would turn around and pay their customary attorney’s fees for litigation expenses. Unfortunately, one can’t cash a check that has a restrictive endorsement when the payee doesn’t exist.

This is what the bank’s attorneys don’t like … a real smart ass. And I mean he’s smart. He’s done his homework. The attorneys in his case were clearly retained by the mortgage loan servicer, Wells Fargo Bank, N.A., who has no contract with the borrower. You see why they’re frustrated with this case? Wells Fargo isn’t the only mortgage loan servicer committing fraud on the courts, filing on behalf of the closed REMIC either.

I am currently working on a California bankruptcy case which has posited similar research results. In that case, the REMIC trust settled with the investors, which means that no one suffered a financial loss and it’s clear the servicer is trying to steal the house from the bankruptcy court. Bankruptcy judges do not like fraud on the court, especially by officers of the court. The only way that this case has a good outcome is if the owners can defeat the motion to lift stay with enough factual information and witnesses to overcome the other side’s objections. Because I managed to conjure up witnesses (an attorney and a former bank lawyer who handled foreclosures for a major financial institution), things might not go well for the other side’s lawyer.

I still do chain of title assessments and consult trial attorneys on foreclosure matters. The foregoing issues are certainly playing into the statistics seen above. But what’s worse, when these people are being served with notice, rather than fight to stay in their homes until they can come up with a Plan B, they just pack up and move, just like they did during the first foreclosure crisis in 2008. And herein lies the rub.

History does indeed repeat itself. Only this time, homeowners may be getting smarter.

For more information, you can visit the Clouded Titles website.

Please email us through the site if you’d be interested in attending a foreclosure defense workshop later this year.

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The Justice System has FAILED us!

(OP-ED)–The opinions expressed herein are that of the author’s only and should not be construed as legal advice.

It is unfortunate that the conservative thought process has to be jarred by liberalism … and just when we were starting to get ahead.

It’s even more unfortunate that the manner in which we conduct ourselves in the legal realm has been totally obliterated by the justice system, made up of elite oligarchs who only look out for their own pensions and care not about the people that can’t afford justice. These judges will listen to the banks before they listen to the people affected by the contract they signed.

My latest machination involves the affidavit that was issued by a “special agent” from the federal whatchamacallits, which was totally redacted by the justice department, which has sought to (indirectly) attack every Christian conservative in the name of liberalism. When one can forum shop for a judge to get a warrant signed … a warrant that would further divide America because of its very nature in attacking a former president who actually did produce positive results, (despite all of the attacks against him during his tenure in office), this justice system has failed us.

The higher elites in power have seen fit to find a Trump-hating judge to do their dirty-work in an attempt to keep Trump from running for office again. If the warrant is proven to be nothing more than hearsay, which I suspect it is, then the judge sitting on the Trump case is no better than the robed types that sit in foreclosure courts across the country, listening to banks’ attorneys, who don’t possess the note, say, “Take it from me, Your Honor, we own the note.” at face value and give the banks whatever they want, when in most cases, the lender (a REMIC trust), no longer even exists.

Foreclosure defense attorneys haven’t helped matters much. Half of them don’t even know how to argue a foreclosure matter or a forcible detainer action, half of them don’t understand that the REMIC’s investors may have been paid in full, which means the servicers are double and triple dipping on homeowners (borrowers) by claiming they represent the REMICs when they know too damned well, the REMICs are closed and were closed one year past their start-up date. These attorneys are also “officers of the court”. They know how to behave when in the “temple”. Singing Judas’s.

The attorneys that do know foreclosure defense are equally flustered because borrowers come to them, stating, “Hey, I’ve got a great case! You should represent me for free!” This kind of entitlement behavior, coupled with that of judges who just want to shove their size 9 (example) shoes up the foreclosure defense attorney’s ass every time he/she comes into court, has caused a number of the good attorneys to either stop doing foreclosure defense or quit practicing law altogether. Many wonder about the other half of the foreclosure defense attorneys and what makes them so special when they play “the delay game”. The judges know it. The attorneys know it. The borrowers don’t get it.

This is false hope. To think these attorneys can’t tell the court that the other side hasn’t proven it has standing to foreclose because the other side hasn’t proven the Plaintiff (and its investors) have been harmed, is beyond belief.

The simple question of … “If the house is sold Your Honor, who gets the proceeds?” goes right by the wayside. Or, in the alternative (as we know by example), you get a smart-ass judge that answers that question for the bank (or the servicer’s attorney), as “Pay me, I’ll figure it out.” This is when you know the court is corrupt because the judge has turned out to be an asshole.

Ever been to a rocket docket? I have. It’s pretty damned scary. Mar-A-Lago raid or no Mar-A-Lago raid, a whole courtroom of homeowners gets cleared out (totally foreclosed on) with maybe 2 cases held over for trial out of all of the 300 cases coming before that court on its weekly docket. The judges have been ordered by their superiors to “clear the docket”, no matter who they shit on. That, does not make them a great judge. In fact, it makes them a shitty judge. When a judge rules against a homeowner based on emotion and hearsay from the lender’s attorney and its fully-trained lying witness, you have bad justice.

This is why this go-round of foreclosures is going to be even tougher of a nut to crack … all because the justice system has been perverted by the entitled elite, the crooked banks whose noses are clear up the judges’ asses and the good ‘ol boy club (the Bar) who threatens attorneys with disbarment for standing up to a judge.

Any judge that will sign an affidavit based on hearsay and then allow the affiant’s name to be redacted from view of those whom he has accused, speaks ill of not only the affiant, but the prosecutor and the judge as well. Mar-A-Lago is only the tip of the iceberg. Trump is not in foreclosure. Trump has not been screwed over by the banks. The raid gave him impetus to run again because nearly 80+ million voters to attempted to return him to office a second time now feel disenfranchised. Judges won’t hear a majority of the fraudulent election claims and that puts the entire system into a quandary.

Here’s a final thought … what would happen if you wrote a check to the REMIC for the full amount you owed and made it a restrictive endorsement only to the REMIC? Chances are, it’d never get cashed because the REMIC no longer exists. A borrower in Florida did just that, twice, and his check (for attorney’s fees), paid to the REMIC itself using a restrictive indorsement, as directed by the court, still hasn’t gotten cashed. Makes you wonder why more folks haven’t used that tactic.

What would the failed justice system do to “fix” that to “out” the very entities that will screw them in the process?

The C & E on Steroids! is a must if you’re NOT in foreclosure YET, but you suspect some shady shit going on in the land records.

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