Ok the first thing I like to do is describe exactly how we use quiet title, who we file the suit against, what we claim and the basis for our claims and finally why this is a very powerful method of fighting predatory lending and unlawful foreclosure.   You have probably heard much of this from LFA but I do not view any repetition as negative here.  OK I am presuming that you know who MERS is….but heres a short description…  MERS is a business created by and is owned by bank of america, chase, citimortgage, commercial mortgage securities association, american title, fannie mae, freddie mac, gmac, everhome, hsbc,  mortgage bankers association, merril lynch. This list goes on to be the diabolical whos who in predatory mortgage lending, pmi insurance underwriting and the securitization and sale of mortgage backed securities and subsequent foreclosure and liquidation of real property.  The crooks.  The guys wrecking our economy and the lives of millions of Americans and doubly true in California where Al West Files Quiet title actions.

MERS has attempted to supplant the real property recordation system with their own recordation system run by themselves. They are busted but the fight rages on.  MERS was created by the banks to prevent the banks from having to record transfers of promissory notes at the county level so that the rich guys can avoid paying transfer taxes at the county level.  What they do is put a MIN number on your deed of trust and name themselves as a beneficiary of the note or a nominee for the beneficiary and this allows them to track the note ownership internally and not record who really owns the note in the land record. That makes MERS a tax evasion broker. The system was also built to support allowing the predator lenders to securitize mortgage promissory notes into mortgage backed securities and transfer the ownership of the notes seamlessly without informing the local land record who really owns the note. In fact MERS hides who actually owns the note. purposefully.  The MERS system also allows the lenders to foreclose at will using MERS as the foreclosing party. After all it now states on your deed of trust that they are the beneficiary. Are they a real beneficiary?…of course not!  They are not entitled to your payments nor are they entitled to any part of the proceeds if you are foreclosed on…they are in fact a non-party. Yet they were able to foreclose on millions of homes…until recently…It has been found in multiple jurisdictions to be completely illegal, appealed into higher and higher courts and affirmed completely illegal. Have you read the Ibanez case in Massechussets or the Horace v Lasalle national bank as successor to bank of america case in alabama??

Here is how our method of filing quiet title process works and I’d ask you to listen closely.  The MERS system, by the way was brilliant,  I actually have to have respect for these brilliant wall street wizard for creating such a monster at the same time I fight them…. but the bankers DID NOT think it completely 100% through. MERS you see, accidentally leaves parties who have no interest at all in your mortgage note or your real property in the land record. Parties who are stated in the land record as parties of interest who have in fact no interest in anything…Greg Bryl, a local foreclosure defense attorney writes that in non-judicial foreclosure states MERS holds and owns nothing. These parasitic parties we know how to get rid of and this is how it works….On your deed of trust is a trustee. This trustee is typically a title company or possibly a small real estate  lawyer. Many times we find that these little title companies are out of business…Do you want an out-of-business company slandering your title???  Of course not…Your deed of trust also names who your original lender is..lets say its countrywide.  It also names you as the borrower and grantor of the trust…  are you following me?? Ok here’s the problem the lenders are facing right now and this is what we take advantage of….if Countrywide underwrites your mortgage and then immediately sells the note off to a mortgage backed securities pool IS COUNTRYWIDE STILL YOUR LENDER?? Of course not. Yet they remain in the land record on your deed of trust…  And if countrywide is no longer your lender then who is the trustee holding your deed for?? That’s right they dont know, you dont know and so why should they be allowed to slander your title?..   They should not and they can be forcibly removed…MERS leaves in its wake parties of no interest directly in the land record.  What we do is find out who really owns your note and have attorneys who sue the parties who should not be in your land record for you and demand that they remove themselves immediately or challange them to provide proof that they are real parties of interest which they cannot do…GUESS WHAT THIS DOES FOR YOU…VOILA…it completely nullifies your trust deed…Guess what that means?? It makes your property non-foreclosable,  the property is now free and clear. You are free to sell it and stash the cash in your pocket.  Do you want to own your house free and clear?? That is how it is done. Rescission is dead.    Quiet Title is waking up…Good luck RMBS investors..

You wish to talk to Al ?    Call 888-400-6682 or 540-341-1481

here’s a great article on quiet title…found on http://www. patriotswar.com site I would suggest buying this guys book when it comes out and will be creating a link to the page where it can be bought..

Comment on Mass Extinction of Pools Becomes Clearer by Dave Krieger

| Dave Krieger

Avirani and Indigo …

I have been working on a book about this whole mess for quite some

time and it is about to be published. The book presents several angles

on attacking the lenders. Your takes on WITHOUT RECOURSE are a

blessing, since you are citing case law.

All of these posts (pertaining to anonymous) do come with a caveat.

Bear in mind when you post that the banks are reading this blog too. I

happen to know of a few law firms right now (foreclosure mills) that

read this blog on a daily basis. I also know of a few judges that are

reading this blog as well. All of this I know through direct contact

with clients, as well as assisting their attorneys as a paralegal with

case work.

RE: UCC … every case is state specific. You can’t quote the federal

UCC because the states have adopted it into their own versions and

altered it to please the political machinery. Max Gardner told me

this. In my research for the book, I have talked to hordes of

attorneys about this stuff and they are very candid when they say that

these foreclosure mills, all part of the grand scheme, are fully

briefed by the banking community as to how to answer these suits and

what they can and cannot get away with. The mavericks that tend to

become arrogant (like Stern) get caught bringing fraud on the court.

Aside from that, the individual attorneys I have spoken with admit

that they do not have the resources to share information as readily as

the foreclosure mill networks do. This is why we have a problem.

Attorneys have egos and the more successful ones know that if an

outside source brings them something credible that sounds plausible

enough to win with then there’s a chance the homeowner is going to get

results.

Seemingly expected … not all of the stuff I share with the hosts of

this blog get shared with the community. When you know that the “other

side” is watching what homeowners are posting on this and other

related blogs, you will find bits and pieces of interjections that are

designed to sway the reader or as in a court case, “get them off

point”. The best way for a defendant lender to win is to get the

Plaintiff homeowner off point, to where the plaintiff goes off on

serious, unproven, unchartered, unsupported (without case law)

conspiracy theories that have no merit because they are just that,

theories.

This is true … your allegations of disinterested counter parties

lodging false information on these blogs has merit.

One can only verify through (1) research; and (2) discovery.

This is why I wrote my book on quiet title actions (along with

everything else in the kitchen sink). In order to weaken the other

side, thousands of lawsuits a week are going to have to get filed,

because there are NOT enough foreclosure mills to defend them. True,

the court system will be clogged like a sewer with these actions.

True, a lot of these banks will typically get their attorneys to

remove the case to federal court, thinking they can get a slam dunk on

diversity jurisdiction (multiple defendants from other states makes in

federal according to their rationale) so they can get a 12(b)(6)

ruling. This is why the entire cause must be centered around quieting

title.

Instead of going after all of these counts, as I have seen in the

past, take only the quiet title as your lead cause and build your case

using key points (not as counts, but as predicators) … this is what I

have seen the good attorneys do in their pleadings … and believe me …

these class actions inure to the benefit of the attorneys that file

them and because of the class, only one law firm needs to take it on.

If you’ve got thousands of homeowners filing quiet title suits in

state court (sticking to state statutes) the lenders do not know how

to react. They usually are in the driver’s seat, foreclosing on the

homeowners. They have a scheme for that. They have a tested

methodology that has worked up to a point. They know what they can get

away with … at least up until now. You will notice that the suits that

are winning are individually filed or individually defended.

If you do not have the Federman decision … I would be happy to send it

to you, as it doesn’t seem to be posted on here. The last paragraph of

the order invites Bank of America and MERS to come forward and produce

documentation to prove agency. Hon. Arthur Federman is a very smart

and highly regarded bankruptcy judge. It’s just too bad that people

don’t read his decisions BEFORE filing bankruptcy. (I sent the Order

to Neil but I haven’t seen any reference to it being posted on here

yet. hint hint)

The banks either (1) can’t produce the note; or (2) tie themselves in

some way through contract to prove agency. I write about that in my

book. These flaws are NOT hard to prove. I have talked to attorneys

who say that the banks’ attorneys come into court with a pomposity

that reeks when they walk in the door. They are not expecting any

attorney to be able to wade through the gobbledygook of paperwork and

arguments they present, because generally, the homeowner has hired a

lawyer that doesn’t know his a** from a hole in the ground. (Neil is

right on that point.)

In quiet title actions, supporting state case law is very relevant,

because the judges’ law clerks can research it and apply it to your

case. If you start putting in federal questions, you give the other

side cause celebre to remove it to federal and slam dunk you. Quiet

title actions are a state right and no federal judge can quiet title

to property sitting in state jurisdiction. The filings are in the

county recorder’s offices (and I seriously doubt that 99.9% of all

borrowers signing the Deed of Trust even knew what the hell they were

signing).

The theories of who loaned who credit and who got paid first and who

got screwed second is NOT the crux of your case. It’s the original

documentation that created the fraud and the subsequent filings in the

county courthouse that become part of your quiet title action. You

see, most states declare in statute that as long as you retain

possession at the time you file a quiet title suit, you can move

forward, even if you are in foreclosure. Some states even allow quiet

title actions to be filed POST FORECLOSURE, POST EVICTION! Again, this

is state specific, where federal law and rules cannot be applied. This

I know from research. I cannot give this out as legal advice

obviously.

Blogs are great sharing tools provided the information being shared is

credible and can be verified.

The lenders’ foreclosure mills shrink up like a man with erectile

dysfunction when placed under this kind of stress, because of the

burden of proof is virtually split between the Plaintiff, who makes

allegations supported by case law and the Defendant lender that has to

tie all of the ends together. Once the quiet title action is filed the

lender can’t go back in and record documentation after the fact to

perfect their security interest … they have to bring it into open

court, where you can impeach it. I have two successful quiet title

actions under my belt personally, so I know how they work.

I also happen to know what the “four corners” rule/doctrine is. It’s

the entire content of the page taken as a whole versus the specifics

contained therein. This is very useful in wrongful foreclosure

actions. Couple a wrongful foreclosure action with quiet title … and

then find your state statute that makes it a state jail felony to file

such fraud with the county court clerks/recorders/register of deeds …

bring the local county recorder and the DA into your case; show them

the docs; show them where they are suspect; get them on your side; the

judges ruling on your cases are more likely to see reason because you

have the county working with you to stomp out fraud. Even as a pro se

Plaintiff (which I shudder to think could pull this off, but could) it

would lend a lot of credibility to your case if you have outside

sources with credibility jumping into the fray. This is how County

entities that record documents, such as deeds of trust, become aware

as to WHY they are being deprived of income because of MERS. … and let

me tell you here and now MERS ain’t no Viagra. If you look at your

original deeds of trust and see who the players are, you will figure

out WHY the whole thing is a fraud, without me having to get on here

and tip my research to the banks who are wondering the same thing.

Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini

Today, July 30, 2010, 13 hours ago | gwen caranchini

This is a great post from Dave who I am using myself to help me in my

pro se case–I am a former trial attorney of some 30 yeasr in civil

rights cases in Fed and State Courts so “pro se” for me is a bit

different. Dave is always right on with his case law and his theories.

The def are attempting to remove my quiet title action to fed ct and I

am objecting. I have also filed a complaint with the FBI alleging the

fraud in the HAMP program based upon what is going in in my case and

the fraud in the MERS filings which when you look at all the docs at

the courthouse TOGETHER the fraud becomes clear in several different

ways. Dave is the brightest paralegal I have ever met and should be a

lawyer. I have never had one thing he sent me prove to be wrong–this

guy has also got the common sense approach to this and is not out

there with legal theories that are hard to prove. He knows too what

dis we need. You all would do well to listen to him, get his posts and

use his services.

Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini

Today, July 30, 2010, 11 hours ago | gwen caranchini

Stupendous Man–the case Dave is referring to is “In Re Box” decided

June 3 before Arthur Federman in the United States Bankruptcy Court

for the Western District of Missouri. I sent dave that case. It is a

wonderful decision, especially the last page. A bit of an update on

that case as I spoke to the Trustee’s office as a followup. Apparently

BAC continues to ask to be heard at creditor’s meetings on this matter

even after relief from stay was denied BAC. The trustee is refusing to

acknowledge BAC has a position at the creditor’s meeting because it

has not proved it holds the note in question as Judge Federman found.

The last page of Federman’s decision told BAC that when they had the

note or claimed to have the note they could ask for an evidentiary

hearing that showed they had the note and could establish agency for

being able to seek foreclosure on the note. To date, some 7 weeks

later, they have yet to do so and given that the Trustee continues to

deny them the right to speak at creditor’s meetings.

Comment on Mass Extinction of Pools Becomes Clearer by Dave Krieger

Today, July 30, 2010, 11 hours ago | Dave Krieger

The basic quiet title actions follow to form and purpose. You use

whatever basis for your claim as necessary. There are a lot of

templates you can use out there. Many attorneys use ProDoc which have

state specific stuff in it. If you look at cases that are specific to

your cause and you go to the law library to look them up … find cases

that are specific to your area or where someone has filed pleadings in

a court near you. Then go to that court with the case # and get a copy

of the pleadings directly from the case file. You can then see how it

was formatted. Before you pay for pleadings though, make sure the

outcome was positive via the case cite. No sense pulling case

pleadings that were incorrectly plead. The case cite itself will tell

you whether or not the case was successful in the case of the

homeowner. My two quiet title actions were against a defunct

corporation in Arkansas over resort property I acquired from the

state. They did not challenge, thus I was awarded. I didn’t have to

prove fraud. This is part of how you make money on tax deed sales, by

quieting title BEFORE you sell. Since I invest in real estate, quiet

title actions have been a particular interest of mine for some time.

LFA are not attorneys and nothing herein shall be considered legal advice..