Vindication Comes In Small Packages

(BREAKING NEWS) — The author of this post is also the author of the Forensic Examination of the Osceola County, Florida public records. The Examination was conducted in July of 2014 by an 8-member team, with the information compiled and delivered to the Osceola County Clerk of the Circuit Court, Hon. Armando Ramirez (now retired) by the author of this post on December 30, 2014 by DK Consultants LLC of Texas. The examination was supervised by a bar-licensed attorney, Allen D. West, Esq. (Redondo Beach, California) and paid for out of Osceola County funds. The results are made a part of this post. This is a report, not an indictment; however, the author has been getting calls from attorneys and homeowners all over the U.S. who have downloaded this report and discovered similarities between the information contained in this report and their own legal scenarios. The author of this post serves as a consultant to homeowners and their attorneys in foreclosure and title matters.

NOTE: The report does not constitute legal advice and the exhibits that were attached to this report are voluminous; thus, any request by the readers of this post for viewing of the exhibits should be sent to cloudedtitles@gmail.com. Because some of the exhibits are NOT in PDF format, there may be a charge assessed for procurement of certain exhibits.

osceola-county-forensic-examinationDownload

The reason for the article on vindication is due to recent events occurring within a court case in the State of Kansas in the U.S. District Court, Wichita Division, where the Osceola County Forensic Examination was cited, under protest, with a motion to strike made by attorneys for the Bank of New York Mellon, which was denied by the Court. This means the Osceola County Forensic Examination sticks as evidence in the case. Needless to say, the lawyers for BONY Mellon were not happy. The Amended Complaint is shown below:

first-amended-complaint-doc-40Download

The interesting thing about court cases is that homeowners get discovery. The author of this post sees certain things he would have suggested been done differently. The author is expecting a call from chief counsel for the Plaintiffs. This attorney (at one time) was the U.S. Attorney for the District of Kansas, so he clearly understands the national gravity of the gravamen of this case.

This is not the author’s only audit of county land records. See below:

williamson-county-real-property-records-audit_january-29-2013Download

Ever since the 49 states attorneys general inked an agreement with the mortgage loan servicers, who were found to be the overseers of the suspect document manufacturing that most homeowners and their attorneys deem suspect, not soon after the ink was dry the servicers started up these fraudulent practices again. The only thing servicers understand is the threat of jail time. They have so much in their war chests they can fight multiple lawsuits in multiple venues. This worked in a case this author put together for an attorney in Florida, where the Lee County Circuit Court judge was directed (through a prayer in the pleadings) to order the Clerk of that Circuit Court to produce certified copies of the assignment of mortgage and power of attorney and submit it to the State’s Attorney for criminal referral and investigation. Soon after the counterclaim was filed, the homeowner’s attorney moved for depositions of the Defendants (the actual author, signer and notary of the assignment). This prompted a move by the servicer’s attorney to move for a settlement, which included a withdrawal of the counterclaim with prejudice. What scared the servicer and its attorney is that they faced implications as accessories to the fraudulent documents complained about. The actual complaint was only 11 pages, plus 6 pages of exhibits. Do you think a judge would actually be in favor of reading such a short complaint? Easily explained. Easy to get through. No bitching. Just stated facts supported by two publicly-recorded documents and citations of the law supporting the action and requests for criminal referral. THAT is what scared the other side into submission.

By virtue of the fact (Paragraph 67 of the Amended Complaint shown in this post) that the Osceola County Forensic Examination was cited and allowed to remain in the complaint (which didn’t go far enough (IMHO) in going after the actual perpetrators themselves) clearly demonstrates vindication for all the crap the author and his team took in bring the Forensic Examination to light. The Kansas Court chose to recognize the report’s value, even though the bank’s attorneys referred to it (similarly to what Florida attorney Matt Weidner referred to it as on an Orlando TV station interview) as, “not worth the paper it was printed on.”

Again, the similarities contained in the report and the assertions made of the suspect fraud contained within the records themselves was enough to convince a federal judge to allow the report to remain on the record. Again, the 758-page report is a “report”, not an indictment. It was a legitimate report, considered fully legitimate by the Clerk of the Circuit Court of Osceola County, Florida, to be published on his website during his tenure in office. That report and the attorney opinion letter accompanying that report is still on the Clerk’s website, even though the Clerk changed hands when Hon. Armando Ramirez (84) retired. The new Clerk, Kelvin Soto, kept the documents in place, including the warning about filing false documents that pops up on the website (osceolaclerk.com) when you access it, which the author of this post helped to draft. Whether the filing of fraudulent documents in that county’s records still continues would be the subject of another forensic examination.

This is one of the reasons that this post’s author and attorney Allen D. West, Esq. taught a class in Las Vegas on The C & E on Steroids! which contains a book and an 8-DVD educational set with accompanying notes and templates on how the author and attorney West constructed the actual declaratory relief complaint. There are only 18 copies left of this kit (hint, hint). This author will not reprint any more of them. Those who are serious about pursuing this option will entertain its legal value.

Every aggrieved homeowner wants to see the signers of these fraudulent documents “hung from the gallows”; however, this will not happen unless you actually make the signers and creators of these documents themselves actual targets. They will “sing for their supper” and rat out their supervisors if put in the hot seat. It’s a small price to pay to see justice done, isn’t it? If you want to see a potential criminal RICO action spawn out of something so trivial, then entertaining an option like this might be well worth your time, effort and expense.

Most people don’t care about a single homeowner’s foreclosure action; however, this case in chief is not that. The homeowners paid off their mortgage! It’s WHO they paid is what’s at issue. They may have paid the wrong party! They can’t even get a legitimate satisfaction of mortgage! A title company examiner claimed their recorded release was suspect! How can they have marketable title? No reasonable person would buy their home, knowing that the wrong party might have been paid and that another party could come back in the future and attempt foreclosure on that same property. Slander of title is an actual damage. A criminal referral within such a case is more than just a slap on the wrist to a mortgage loan servicer. It’s damning and could open a Pandora’s Box the likes of which the servicing industry has yet to see but is all to necessary to vindicate everyone whose mortgage loans were securitized.

The foreclosure mess created by the banks is still plaguing the courts. The political corruption within the court systems in America continues to be exposed with the challenge by homeowners of each of their foreclosure cases, even bringing forth corrupt justices who continually side with the banks despite the overwhelming evidence of suspect documents being offered. The number of lawsuits, according to L. Randall Wray, Professor of Economics at the University of Missouri-Kansas City (in his past article, “Memo to Banks: You are Toast”), has exposed the fact that “the banks are getting sued from here to Pluto by homeowners, soldiers and sailors, Fannie and Freddie, PIMCO, the NYFed, and just about anybody with access to a lawyer. And, increasingly, the banks are losing.”

Even though this article was published in 2011, the suits continue and banks don’t want to lose more cases. They would rather settle than create bad case law for themselves. Can you blame them for not wanting to go to jail in addition to pay out fines and restitution. The day of real judgment is coming.

Vindication, no matter how small, is still sweet.

Dave Krieger is also a national talk show host on The Power Hour, which airs Monday-Friday from 11:00 a.m. to 1:00 p.m. (Central Time) on radio stations across America, as well as rebroadcasted worldwide on shortwave (7.490 mHz) and streaming live on The Power Hour’s website. Programs are archived daily on the website.