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:

u.s.-foreclosure-activity-continues-to-increase-quarterly-attomDownload

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.

Discovery you can’t afford to miss: the SEC!

(OP-ED) — The opinions expressed herein reflect those of the author and should not necessarily be construed as legal advice; however, the material has been vetted by an attorney who loves the thought process behind what is expressed here.

While everyone is getting the “rope-a-dope” from the banks and their mortgage loan servicers, no one’s looking to the enforcement arm of Wall Street … the revolving door into the United States Securities and Exchange Commission (“USSEC”). The author will abbreviate this agency, who is supposed to enforce violations of securities laws; however, seemingly, apparently hasn’t been doing so to the extent that We the People need them to.

The author of this post held off posting this article for the sake of clarification, insomuch that jumping the gun and sending the readers of this post on a wild goose chase for nothing would have been totally discrediting and thus, non-productive. Now that clarification has been achieved, it’s no holds barred.

The author devised a set of discovery, which was then turned into more productive aspects of a means to an end. That discovery revolves around the USSEC, who has the goods you’re looking for if you happen to be facing a REMIC trust, which most of you are since most of your loans were securitized.

This concept and thought process involves a two-pronged attack on the USSEC. Here’s step one:

If you’ll visit sec.gov, you’ll notice the search box in the upper, right-hand corner of the website.

Type in ONLY the REMIC trust’s “Series Number” (for example 2004-NC3, which I will reference in this post as the example). Do NOT type in the entire trust’s name and gobbledygook as you’ll end up with non-descript stuff you can’t use. Once the actual REMIC’s name appears below the search box, make a note of the “CIK” number by whatever means possible because this information will become part of your discovery request.

Rule #1: You cannot serve discovery on a non-party to a lawsuit!

Don’t even try it. You will be wasting your time and money. Instead, the attorney the author spoke with zeroed in on the fact that if you make the USSEC a third-party defendant in your case, the courts will most likely throw them out (dismiss them from your suit) at the first opportunity, much to the objections of the mortgage loan servicer (who’s bring the foreclosure against you trying to reimburse its own coffers), who will then figure out what you’re trying to get at. Thus, the attorney suggests getting a subpoena issued straightaway against the USSEC, asking for certified copies of information directly related to the REMIC trust you’re dealing with. Here’s where the concept attempts to get results:

Submit a complete and true certified copy of the 424(b)(5) Prospectus for 2004-NC3, filed with the USSEC on April 12, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on May 3, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of April 16, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on June 2, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of May 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on July 1, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of June 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on August 3, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of July 26, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on August 27, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of August 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on September 28, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of September 27, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on November 1, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of October 25, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on November 29, 2004, as shown on the Edgar Entity Landing Page with a Reporting Date of November 26, 2004.

Submit a complete and true certified copy of the Form 8-K, also known as Current Report for 2004-NC3, filed with the USSEC on January 3, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of December 27, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of November 26, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of October 25, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of August 25, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of September 27, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of July 26, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of June 25, 2004.

Submit a complete and true certified copy of the Form 8-K/A, also known as Current Report – amendment, and all amendments thereto for 2004-NC3, filed with the USSEC on January 12, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of May 25, 2004.

Submit a complete and true certified copy of the SEC Form 15-15D, known as Suspension of Duty to Report [Section 13 and 15(d)] of 2004-NC3, filed with the USSEC on January 26, 2005.  

Submit a complete and true certified copy of the 10-K, known as Annual Report [Section 13 and 15(d), not S-K Item 405] of 2004-NC3, filed with the USSEC on March 31, 2005, as shown on the Edgar Entity Landing Page with a Reporting Date of March 7, 2005.

EXPLANATION OF WHAT’S BEEN REQUESTED THUS FAR …

From the pull-down menu at sec.gov (when you’ve retrieved the REMIC’s files), print and save the list of all of the documents that have been filed with the USSEC on that particular REMIC. This should not be considered as over broad and burdensome to the USSEC since all of these files are contained within the USSEC’s database. They can easily be retrieved and the fee for sending it all to you is $4.00 in postage.

In this particular example, the pull-down menu, which was printed out in full, contained 19 documents, all of which became part of the request for production under subpoena.

You can either ask for all of these documents (that are contained within the USSEC’s files on the REMIC, which in this case was 19) outside of a lawsuit if you wish to get an advance look-see at everything. That’s an option if you don’t want to subpoena the records from the USSEC. However, there’s more to the story than what we’ve covered so far. This is where the subpoena comes in with the double whammy. A lot depends on the timing of the request and whether you’re attacking the servicer ahead of the foreclosure. You’ll want to depose someone with direct, first-hand knowledge of the REMIC you’re going after.

And here’s step two:

Get the court clerk to issue a subpoena to the USSEC to get them to produce someone with relevant knowledge of the documents that can verify and validate any violations of the governing regulations of the REMIC trust. (Again, this is framed as a suggestion and not given as legal advice!)

Inside of the subpoena, you can demand the USSEC check ALL of its records and produce whatever it has, in certified form, for the following (and this is just a sample):

Submit complete and true certified copies, if any you have in your possession or control, of all notes, memoranda and agreements for any certificateholder settlements known to the USSEC for  2004-NC3. 

Submit complete and true certified copies, if any you have in your possession or control, of all known litigation filed by any certificateholder, known to the USSEC for  2004-NC3. 

Submit complete and true certified copies, if any you have in your possession or control, of all known USSEC-related prosecutorial actions taken against 2004-NC3. 

Submit complete and true certified copies, if any you have in your possession or control, of the mortgage loan documents which name the Plaintiffs as the Borrowers that demonstrated that the trustee of 2004-NC3 received the documents described on Page S-75 of the 2004-NC3’s 424(b)(5) Prospectus according to the stated governing regulations. 

Submit a complete and true certified copy, if any you have in your possession or control, of any document that demonstrates the negotiation or transfer of the Plaintiff’s mortgage loan and all related documents therein, which specifically identify the date these mortgage loan documents, including all assignments of mortgage (or deed of trust) thereto, that were documented as part of the transfer from the Depositor to the REMIC trust by the trust’s Cut-Off Date.

You’ll want to review all of the trust’s “FILED” documents first, because the Amendments inside of those REMICs may reveal changes in the number of certificate holders receiving the 8-K’s and 10-K’s and may further reveal the actual “condition” of the REMIC before and after it closed. You’ll need this information for the next step.

Rule #2: You cannot depose a non-party to the suit without relevant cause!

This is a great way to get the mortgage loan servicer’s attention because if the REMIC trust settled out with all of the certificate holders, then the mortgage loan servicer, the real party bringing the foreclosure, has no standing because it can’t prove concrete injury-in-fact required under Spokeo v. Robins. Thus, it has no standing to pursue a foreclosure. And it’s going to fight you tooth and nail to keep its position in the suit because it wants to steal your property.

Don’t expect the mortgage loan servicer and its attorneys to sit idly by while you depose someone with knowledge of the particular REMIC trust. They’ll have their attorneys in the deposition, so you’ll have to craft your questions in such a way so as to expose the bad behavior on the part of the servicer’s employees when it comes to having the USSEC deponent examine the recorded assignment(s), specifically for:

1. Who prepared the assignment? (Was it the law firm or the servicer’s employees?)
2. Who executed the assignment? (Was it someone who wasn’t really who they said they were?)
3. When was the assignment executed? (Well after the Cut-Off Date of the REMIC trust?)
4. When was the assignment recorded? (Well after the Closing Date of the REMIC trust?)
5. What do the governing regulations for this particular REMIC state about Assignment of the Mortgage Loans? (Is it obvious to the USSEC deponent that the regulations were violated?)
6. Has the USSEC ever been notified by anyone to investigate this particular REMIC trust?
7. Does the USSEC have any records of whether or not a credit default swap counterparty paid the certificate holders in full?
8. Does the USSEC have any records of whether or not any default insurance policies paid the certificate holders in full?
9. Does the USSEC have any records of whether or not there were any settlements wherein the certificate holders were paid in full or in part; thus settling any future payments due to them?
10. Has the USSEC ever investigated this REMIC for any securities violations or irregularities?

In other words (and this is just a smattering of all of the questions to be asked of your USSEC deponent) … you’re trying to get the USSEC deponent’s attention to the fact that he/she can testify as to the fact that none of the governing regulations for the REMIC were complied with and that under New York Trust Law, they are void. Any question relevant to violations of the REMIC’s governing regulations would require a statement from the USSEC deponent that could be inferred to be a conclusion of law and the other side will object, but the comment will still go on the record, where the judge can see it.

This is a direct way to get someone in authority to see the assignments as fraudulent and to initiate a potential investigation, both civil and criminal, which may force the mortgage loan servicer to back off rather than run the risk of an exposed criminal prosecution.

You want the judge to see the REMIC for what it is and what the servicer is actually trying to do. Because most judges think they’re pensions are tied to these REMICs, to discover that the REMIC has been closed and the certificate holders paid would mean that the servicer (who has no contract with you) can triple-dip by stealing your home and that the judge doesn’t have to worry about his pension is going to be affected by making the proper ruling and kicking the mortgage loan servicer out of court.

If the investors (certificate holders) settled the case with the REMIC and accepted payment in full, how then can they come into court and claim they were financially harmed? They can’t … that’s the point. They’d have to prove they were damaged and if they got an insurance settlement and were paid in full, they weren’t damaged; thus, the mortgage loan servicer would be potentially committing fraud on the court to attempt to introduce evidence to the contrary.

Remember, in order to issue a subpoena, you have to file suit. You can use the SEC’s own forms to request all of the documents contained in the REMIC’s file for the shipping fee and they will send them certified (outside of the litigation); however, that takes time and doing it outside of litigation means the court has no control over the outcome of the request for anything from the USSEC. The fees for deposing a single party or entity these days is $3,000 – $5,000 depending on where the deposition takes place. However, if you’re trying to protect a million dollar property, no stone should be left unturned.

Again, this isn’t legal advice. It’s just plain common sense.

So you think you’re in default, eh?

(Op-Ed) — The author of this post is a paralegal that serves as a title consultant to trial attorneys in foreclosure matters and thus, this article is not intended to render legal advice, nor to be construed as such. It is intended for educational purposes only and is not guaranteed to produce any given legal outcome.

The author of this post will try to keep things simple without passing judgment.

There is no doubt here that we are collectively living in troubled times. The rash of foreclosures continues now that the eviction moratoriums have been lifted for the most part. Those who did not undertake a loan modification or request a forbearance (that was actually granted) are probably feeling the sting of communication by the mortgage loan servicers in their mailing out of late notices on unpaid and delinquent mortgage loans.

According to the terms of the mortgage or deed of trust (depending on which “state” you’re in), there is a specific section on Default. Understand that it’s the mortgage loan servicer’s obligation to collect the mortgage loan debt and route payments to the “lender”, no matter WHO that lender might be.

The problem with defaults, loan modifications and the like is that so many of the loans out there today are securitized through the MERS® System. Since the MERS® System was taken over by the same company that owns the New York Stock Exchange, the information coming out of this entity is scarce to non-existent.

Generally, if you miss a payment, the servicer is going to notify you by certified mail. You may have to sign for the letter. The biggest mistake that homeowners make is ignoring these letters, when in fact, this could be the very start of a long, drawn-out process where you can obtain a lot of useful and vital information that your attorney could use in a foreclosure defense posture, without having to pay gobs in legal fees.

What is a QWR?

That process is called a Qualified Written Request (QWR) under RESPA (the Real Estate Settlement Procedures Act) § 6. You can easily research this section of the law and discover that RESPA allows you to send a QWR to the servicer’s bona fide QWR address and ask the servicer to send you specific information, which is discussed below.

The author is going to include a sample QWR from the National Consumer Law Center; however, it comes with a caveat. If you want to delay the foreclosure while gathering evidence, it is suggested by many attorneys that you only request two or three documents at a time and just keep the requests coming. As soon as you get the set of documents you asked for, have another letter drafted, ready to go with another 3 to 4 document requests under the same set of statutes. This prolongs the servicer taking any action against you, while you set out to discover (rather than go through objectionable discovery in court against the servicer who’s trying to steal your home) all of the documents necessary to build a sustainable case.

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Several homeowners this author has talked to have utilized QWR’s to stop foreclosures. It was only when their attorneys told them it wasn’t doing any good to continue sending them … and the homeowners quit sending QWRs … that all of a sudden, the servicers foreclosed on them.

Why send a QWR?

Sending the servicer (at their official QWR address, not their main address) a QWR is a great way to get information from the lender’s mortgage loan servicer. Nine times out of ten, it’s the mortgage loan servicer that retains the law firm to foreclose and it’s the mortgage loan servicer whose employees falsify the assignments they use to create standing to steal your home.

Secondly, when asking intially, the following documents are key to asking for follow-up questions:

1. An unredacted copy of the mortgage or deed of trust
2. A copy of the note, showing all indorsements and allonges proving custody of the note
3. A copy of the complete pay history of the loan, including escrows

Do NOT ask for the original note because it’s highly likely the servicer doesn’t have it. If your loan was securitized, it’s also highly likely, given what Judge Jennifer Bailey in Florida was told by the Florida Mortgage Bankers Association (in 2009), that your note was shredded after it was uploaded into the MERS® System.

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For those of you doubting Thomases out there, read page 4 of the foregoing letter to the judge … understand that the word “eliminated” is just what it is. The banks got rid of the original loan paperwork because they converted the note into a security. They converted a debt instrument into an equity instrument, which makes no sense at all. The foregoing letter was included as an exhibit in the Osceola County Forensic Examination conducted by the author and his team and attorney Allen D. West, Esq., released to the Clerk of the Circuit Court of Osceola County, Florida on December 30, 2014. Since then, subsequent Clerks have kept the examination report on the county’s website.

This is why asking to see the original note is ludicrous because it doesn’t exist in its purest form.

This is why you want to identify WHO the players are in your chain of title and compare what you get from the mortgage loan servicer’s collateral file with all of the other evidence you are able to obtain from a QWR versus the actual discovery within an expensive lawsuit (right out of the gate).

Day 91

Don’t be fooled by mortgage loan servicers whose employees ask you to be 90 days late on your mortgage loan before they’ll grant you a loan modification. On Day 91, the mortgage loan servicer and the trustee will file for insurance claims on the REMIC and get paid in full for the missing mortgage loan payments not made by the borrowers. If the investors in the REMIC are made whole with a payout by the insurance carriers, then who’s in default? The REMIC has no standing to pursue a foreclosure!

Once you’ve been able to ascertain the “players” in the sandbox, it will make things a lot simpler to identify the culprits and pursue some serious litigation against them.

Listen to Dave Krieger on The Power Hour, 11 a.m. – 1 p.m., Monday – Friday (Central Time) and don’t forget to watch his speech, streaming live on The Power Hour (thepowerhour.com) on Saturday, May 14, 2022, live from Clay Clark’s Reawaken America Tour at the Carolina Opry in Myrtle Beach, South Carolina at 11:15 a.m. Eastern Time.

When Justice Vindicates …

(BREAKING NEWS) — The author of this post is a paralegal, investigative journalist and radio talk show host and thus, the viewpoints in this post should not be construed as the rendering of legal advice nor guaranteeing a positive outcome in your particular case.

Score a move forward for Miami-Dade foreclosure defense lawyer Bruce Jacobs.

An Ackerman foreclosure mill attorney and his clients are in hot water with Miami-Dade Circuit Court Judge Beatrice Butchko (you can read the article here):

akerman-broward-partner-his-clients-in-hot-water-for-alleged-perjured-testimony-_-daily-business-reviewDownload

The exhibits spoken of in the article can be found here:

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ex-bDownload

To add to the previous article posted on this blog about REMICs … certain amounts of them, which appear to hold true in this case, were settled with investors for a sum certain; thus, the question remains: How were the investors harmed financially if they settled with the REMIC’s servicer?

What’s worse, the attorney for the Master Servicer lied to the Court and got caught. Here, we have a reasonable judge that has seen phony document after phony document come before her Court as part of an exhibit pool, only to have the bank’s attorney attempt to squelch the truth by misrepresenting the true nature of who the plaintiff is and how they were harmed.

The bigger picture here is that the mortgage loan in question is secured by a contract and that the borrowers never agreed to make their contract part of a bigger picture in the world of secondary market financing. Or did they? We don’t know because the foreclosure defense world of attorneys hasn’t gotten to approach that aspect yet. If they did, it went unnoticed by the judge because the banks’ lawyers tied up the testimony in knots and simply labeled the borrowers as deadbeats.

When facts don’t work, use emotional tactics and piss off the judge.

In this case, none of those strategies appears to have worked. Instead, the facts of the case bear out the following:

1. There appears to have been phony documentation submitted to the Court;
2. The Court appears to have taken full notice of it;
3. A forensic examiner provided enough worded evidence to show that the bank’s attorney lied and the clients perjured themselves in their evidentiary testimony; and
4. The judge set a show-cause hearing to determine whether or not they all should be punished.

As this author has intimated all along, the land records don’t lie, which is why the C & E is important!

If homeowners would pay enough attention to the land records when they get notifications from their mortgage loan servicers that there was a change in servicers on their loan, they would see servicer-manufactured documents that have absolutely nothing to do with the real lender in interest and they could attack in advance, rather than sit on their laurels and wait out the inevitable foreclosure attempt by the servicer. This is where American homeowners can strike back. It’s not the easy way out either; however, as evidenced here, a little prudence not only goes a long way, it has vindicated this author’s research which is constantly being used against him by homeowners and their attorneys all over America.