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Credit repair is a dynamic process of taking control of your credit life, if you come from a careful and methodical lifestyle that is destined to triumph. And as the credit repair process begins to pay off, your old life will disappear and a new life with good credit will bring, the economic hope for you and your family, and a new bright perspective.
Seize the Day
Start your credit repair program through the establishment of positive credit. Do not wait seven years in the hope that you're bad credit will vanish, do so now. Secured credit cards are a great way to develop sound, healthy new credit. They are a low cost starting point. More importantly, these small secured credit cards are so valuable to your FICO credit score, as higher warranty cards.
The Correct Formula
There are a lot of credit scores available everywhere. You can get them from credit bureaus, and you can get them from a variety of suppliers and resellers. Interestingly, none of these results are the same as what lenders look at when reviewing a loan application. And in most cases, these results are not even close to those used by lenders. Lenders use FICO scores. FICO stands for Fair Isaac Corporation, creator of the score and the rating process that matters to your credit repair project.
The Power Of Positive Credit
The FICO scoring model generates your credit score is based on fact and everything that appears on your credit report. Your credit repair success depends on understanding the importance of positive credit. Negative information can keep your score down, but keep positive information in this report is to demonstrate to Fair Isaac that you are willing and capable of making responsible payments on time each month to your debtors. The best way is by credit card. Obtain, use, and see the success of credit repair. But you have to do well.
Playing Your Cards Right
The FICO scoring model is programmed to identify a number of different levels of uses by the card holder. The more available credit you use, the more you lower your FICO score. The reason for this is that high balances are statistically connected to a high risk of default. FICO scores are sold by Fair Isaac to lenders to assess the potential risk of lending money, the higher your balance, the lower your score will be. If you really want to make a good impression on Fair Isaac and be rewarded with higher scores, keep the balance at 20 percent of your card limit.
The Credit Repair Attack
Once you're through the reconstruction phase of the ongoing repair credit program, it is now the time to attack all questionable negative items on your credit report. Do not make the mistake of believing in the infallibility of the credit bureaus. More than three quarters of all credit reports have errors on them. A huge percentage of these errors are able to lower your credit score significantly. You must defend your rights and prepare for battle. Now it is the time to review every line of your credit report and prepare to send dispute letters to credit bureaus.
Patience And Simplicity
The dispute process is an integral part of credit repair and requires both common sense and patience. Credit bureaus dispute processes your applications reluctantly, so you should expect some resistance. Plan to repeat your requests until you are satisfied that they have carried out appropriate research. And keep your dispute letters simple. Employees of the poor read these letters and therefore must understand your words in just seconds. If you try to tell their whole life story, it may very well be rejected. Credit Repair and simplicity go well together.
Go Ahead And Reach for It
If you do not have the perseverance of drafting the letter you can think about hiring a professional credit repair company. They will make sure that all work is managed in an organized and efficient manner and will follow through in a timely manner, month by month until they get the job done!


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SISTAR's 'Shake It'
SISTAR is back with their title song, "Shake It"! Their MV is so colorful including the sets and especially the costumes. Here are a few K-pop fashion finds from it:
In the dancing box location, Dasom is wearing the 'Derby' sequin sweatshirt from Filles à papa and Disco Shorts in red from American Apparel.
Outdoors (or it could be an outdoor set indoors), Bora is wearing the RUGBY GIRL PROBLEM T in pink from Korean brand 91,2. Stylists cut the original shirt to turn it into a crop top. Buy here.
In school, Bora is wearing the Follow Your Heart Tee from Forever 21. Buy here. Conveniently, this shirt is less than 15 USD :)
Her harness is from Demande de Mutation.
Shelley (ღ˘⌣˘ღ) ♫・*:.。. .。.:*・
Do not take without proper credit!
Image Credits: Starship Entertainment, farfetch, American Apparel, 29cm.co.kr, Forever 21

subset: commoncrawl


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Here's a twist on legal malpractice and foreclosure that NOBODY but I wants to report. The Malpractice Scheme: Hundreds if not THOUSANDS of attorneys around the USA, including prominent lawyers in YOUR CITY, vigorously promote their foreclosure defense services. They get foreclosure victim clients by promising to "keep you in the house as long as possible." They charge $1500 to $3000 retainer (a downpayment gift) and $500+ a month till the foreclosure becomes final. Meanwhile they file cookie-cutter pleadings they copied from other attorneys complaining about "show me the note," bifurcation of note from mortgage, securitization, wrong track of ownership of note, lack of standing (wrong plaintiff), vapor money (lender deposited borrower's note and used that to fund the loan), and other nonsense. This delays the foreclosure, but the foreclosure inevitably goes through anyway and the client loses the house. BUT, the lawyer seldom if ever bothers comprehensively examining the mortgage, note, and all related documents for evidence of torts, breaches, fraud, and legal errors. Some lawyers sell or promote useless services like securitization audits and loan audits. In the end, to avert the otherwise inevitable foreclosure, some lawyers con the client into a short sale, deed in lieu of foreclosure, keys for cash, or an onerous loan modification that leaves the client owing double to triple the value of the house, and facing a huge balloon the client cannot pay. How does this constitute LEGAL MALPRACTICE? Well, the bank accused the foreclosure victim of breach of contract. So, the attorney should take these steps: 1. Say "give me the contracts and all related documents, letters, lawsuits, etc.," then 2. Search for the causes of action in them against the lender or lender's agents, then 3. Attack the lender and agents through settlement negotiation or lawsuit, then 4. WIN compensation for the mortgage victim's injuries. You see, historically, lenders and their agents have cheated NINE OUT OF TEN mortgagors. Settling or suing on the basis of those causes of action can get financial compensation for the mortgagor. Thus, the mortgagor can fight one of two battles: 1. The foreclosure, which the borrower statistically always loses. 2. The mortgage, which the borrower statistically always wins. Which battle makes most sense to you? Our problem lies in the fact that no MORTGAGE ATTACK legal industry exists. Foreclosure Defense Lawyers focus on the easy money of defense for $300 to $500 a month and the mortgagor loses the house after paying the lawyer upwards of $10,000 to $30,000 for doing virtually no work on the case. They do this KNOWING the mortgagor will lose the house. Those lawyers have not learned how to examine mortgages for causes of action, and I believe most have become too lazy and incompetent to serve the real interests of the client. Many such lawyers ballyhoo claims of winning when the court temporarily dismisses the foreclosure complaint for lack of standing because the wrong plaintiff sued. The plaintiffs nearly always correct their paperwork, get standing, refile or appeal the case, and win. Then the court sells the property and orders the mortgagor out of the house. The net issues: mortgagors cannot find competent lawyers to examine their mortgages. And, the mortgagor with an examination report showing causes of action in hand cannot find a lawyer to attack the mortgagee over those causes of action. Herein lies a huge opportunity for lawyers and mortgagors. Mortgagors do have a mechanism available for negotiating with the lender to obtain a reduced loan balance and payments they can afford, or financial remuneration for their injuries. They can simply contact the lender and demand a solution. If the lender balks, the mortgagor can contact Government regulators and report the lender for violating regulations. That usually brings a quick remedy. Severely injured borrowers might even get the house free and clear WITHOUT NEEDING the services of a lawyer. The public needs to know about this technique and opportunity. I can connect people with a competent mortgage examiner, and I charge nothing for my service. You can read numerous articles I have written on related subjects at http://mortgageattack.com/articles. Many people come to me for help. Some go on to ignore my encouragements, and lose their home. Others get their mortgages examined, and I help them discover how to proceed from there to save the home or obtain financial compensation for their injuries.. If you want to learn more about this, and don't want to read my articles, contact me. I have retired from the computer industry and have the time to help people free as my way of giving back to the community. I have no business obligation to any company. Before deciding NOT to contact me, ask yourself what YOU would do with a mortgage exam report that showed causes of action against YOUR lender.
Category: legal malpractice
Fla Court Destroys Garfield Arguments in Maslanka
Fla Court Destroys Garfield Arguments in Maslanka
Zdzislaw Maslanka wrote paid in full on a mortgage payment check, and then sued for quiet title in 2011. He kept his loan payments current, though. He named as defendants his home loan creditor, Wells Fargo, and the loan originator Embrace, who had sold WF the loan soon after closing. Maslanka didn't fare well in the litigation, so he hired Neil Garfield to soup up and manage the case, and to show those bumpkins how a real pro handles things.
Garfield hosed his client as you will read in the case documents, specifically, the court's dismissal order to the 3rd amended complaint, the 5th amended complaint, the motions to dismiss it, the order to dismiss it, and the appellate docket. The complaints read like jibberish-filled lunacy.
In short, the creditors' attorneys rightly called the effort an abuse of the judicial process. The trial judge dismissed the complaints for failure to state a claim for which the court could grant relief. In a 12 May 2016 decision, the appellate panel affirmed without comment, and it awarded unconditional attorney fees to the creditors. Maslanka worries that he will have to pay it. Maybe he should sue Garfield for it.
See the main case documents zipped here for easy download. If you prefer more torture, access the rest of the trial docs here.
In fairness, maybe I'm too harsh on Neil Garfield. Maybe he did his best for Maslanka, or maybe Maslanka forced him to lodge those inane arguments that I have complained against for years. And maybe Garfield has reformed since he wrote that 5th amended complaint.
But if Garfield did that on his own, he deserves severe discipline by the Florida Bar, in my humble opinion, for he just made Maslanka look like a fool. And that makes Garfield a Bozo in my book.
USDC Opinion DESTROYS Neil Garfield Legal Theories
The Tennessee western USDC denounced most if not all of the arguments Garfield made in his recent ridiculous postings on LivingLies blog.
Jones v. SELECT PORTFOLIO SERVICING, INC.,
Dist. Court, WD Tennessee 2016 – Google Scholar
Here see just a few of Garfield's idiotic postings:
The Money Trail: Does anyone meet the definition of a creditor?
Regarding this one, Garfield obviously does not realize that a borrower no longer has an interest in a foreclosed property, and there has no legal entitlement to TILA-rescind the loan that the court has discharged through a foreclosure judgment and sale of the property.
Okay, let me give it to you this way. I recently ran across a desperate mortgage victim whom Neil Garfield had gouged for $2500 for this absolutely useless tom-foolery memorandum. Garfield speculates about numerous legal theories which the court shot down in the above cited Jones v Select Portfolio Servicing opinion. You can find more case opinions destroying the bogus legal theories for which he bilks his desperate clients.
If you get bored to death, go to the bottom for SALVATION. Meanwhile, note that I have replaced potentially sensitive information with Blah or Blah Blah in order to protect the identity of Garfield's victim.
—————–Start of Garfield Cure for Insomni… z-z-z–z-z —————
This is a review and report and not a definitive statement of opinion on the entire case strategy. Since the property is located in Florida and Mr. Garfield is licensed in Florida, he is qualified to give both expert opinions and legal opinions.
TO: File
DATE: whenever 201
RE: Blah Blah and his Wife
Phone No.: Blah
Email Address: Blah
JUDGMENT ENTERED years ago,
- The address of the property in question is BlaB Street, Blahville, Florida, in Blah County.
- The property is in foreclosure. As of last year Mr. BlahBlah reports that he hired an attorney, started modification and is not current on payments.
- He has requested a review and commentary in connection with his property and his loan.
- He has already filed a petition for relief in bankruptcy court under Chapter 7 and apparently converted to Chapter 13. Motion to lift stay was filed and presumably granted. The name of his attorney in the State Court action, Case No. yeah sure, wherever County.
- Mr. BlahBlah reports that in years ago they were 3 months behind in their payments. Acting through a HUD counselor there was apparently an agreement that was reached in September Years ago where they would catch up on the three payments. According to Mr. BlahBlah Wells Fargo broke the agreement, refused to discuss the matter any further and Mr. BlahBlah and his wife apparently were served with a summons and compliant that years ago. If they have correspondence proving the existence of the deal, then this would be a point to raise in defense as a possible violation of either estoppel1 or dual tracking, which was not passed until after the agreement.
- If the agreement can be proven (they will most likely deny it), then even without the Dodd-Frank prohibition against dual tracking, the homeowners reasonably relied upon the existence of the agreement and made payments that were accepted. Wells Fargo has a history of accepting payments under oral modifications and then abandoning the agreement without accounting for the payments — which often makes the default letter wrong as to the missing payments.
- Disclosures as to the true funding of the origination of the loan, the acquisition of the debt (as opposed to the acquisition of the paper) and the true party in interest who could be plaintiff are all absent, which is the same thing that I have seen as an expert witness and as an attorney many times with Wells Fargo. Many entities, like World Savings and Wachovia boasted they were funding their own loans. This was nearly never true. The loan papers may have been originated back in years ago but the disclosure of the money trail has never been made.
- Mr. BlahBlah answered the summons and complaint without the help of legal counsel and served interrogatories on the plaintiff that he says were never answered.
- He has apparently been through several attorneys that were merely kicking the can down the road to buy more time without making mortgage payments but of course having Mr. BlahBlah make monthly payments to the attorney.
- According to the registration statement submitted by Mr. BlahBlah the original loan was with World Savings Mortgage which merged into Wachovia and then Wells Fargo. I think what he meant was World Savings Bank which was acquired by Wachovia Bank which in turn was acquired by Wells Fargo Bank. The case was filed as Wells Fargo Bank as plaintiff. From prior experience we know that this is probably a ruse intended to cover up the fact that they don't know who the creditor is and they are hoping that a judge will simply take their word for it.
- Mr. BlahBlah has provided a docket from the Clerk of the Circuit Court which indicates that the property has been set for sale several times. This would indicate in turn that a final judgment of foreclosure was entered. However I do not see on the docket the description of an order granting summary judgment or a final judgment of foreclosure entered in favor of Wells Fargo. I presume that such a judgment exists or the sale would never have been scheduled.
- As of December 30, 2015 Wells Fargo is showing a balance due of $93,979.25, with an unpaid principle balance of $200,338.10, an escrow balance of $31,855.05, carrying an interest rate of 6.5 percent with a maturity date in July 2049.
- Based upon my knowledge of the parties involved, and specifically in this case Loan No. whatever2, I believe that the loan is in fact claimed by a trust which in fact does not own it. The loan was in my opinion most likely never funded by World Savings Bank, Wachovia or Wells Fargo. It is my opinion that none of those entities paid for either the origination or the acquisition of the loan and that any documents to the contrary are fabricated and most likely forged. The system at Wells Fargo if this case actually goes to trial at some point will show that probably Fanny Mae or Freddie Mac was the "investor" from the start. However, since the government sponsored entities generally function in only two areas3, it seems unlikely, to say the least, that the investor would be correctly identified in the Wells Fargo system that they would use at trial unless they have changed their method of fabricating business records.
- Client advises that the loan number changed recently. The reasons for this change should be investigated.
- The statutory authority of the GSE's (Fannie and Freddie) allow for them to operate as guarantors and/or Master Trustees of REMIC Trusts who were intended to own the debt, note and mortgage. The "hidden" REMIC Trusts operate the same as private label and publicly registered REMIC Trusts. And they suffer from the same defects — the money from investors never made it into any account owned by the Trust or the Trustee, which means that the Trust could not possibly have paid for loans. The Trust would be an inactive trust devoid of any business, operations, assets, liabilities, income or expenses.
- For reasons that I will discuss below, it is my opinion that the homeowners in this case should send a notice of rescission and we will discuss whether that notice should be recorded. In addition there should be consideration of a federal lawsuit seeking to enforce the rescission and seeking an injunction to prevent Wells Fargo from using the note and mortgage against the BlahBlahs. I would further add that in my opinion from my review of the documents that were provided by the client there is a strong likelihood of success using standard foreclosure defense strategies.
- In the court file is a notice of action which states that Blah BlahBlah and Blaha BlahBlah both stated as avoiding service at the address of Blah Blah Street, Blahville, Florida, . This indicates to me that the service in years ago was a "drive by" service in which no real effort was made to find or serve Mr. or Mrs. BlahBlah.
- This in turn leads me to believe that this was typical foreclosure mill actions and that Wells Fargo still has not fulfilled its obligation to review the business records to determine the ownership or balance of the loan. Or to put it differently, they probably did know about the problems with ownership and balance of the loan and wanted the foreclosure sale anyway. Based upon my preliminary review it would appear that Wells Fargo Bank made payments to the certificate holders of a trust under a category known mainly in the industry as "servicer advances."
- Based upon their statement I would say that their servicer advances totaled more than $90,000.00. The longer the case goes the higher is the value of their claim to recover their "servicer advances." However, those advances, while made, came from a comingled account consisting entirely of investor money. Therefore there is no actual action for recovery of the servicer advances.
- The case was apparently filed in years ago. Or if the case was not filed at that time then additional paperwork was added to the file at that point. Since the case number refers to the year years ago I am presuming that they filed a skeleton case in order to have the case filed before the end of the year.
- The complaint is interesting in that, as usual, Wells Fargo does not allege that it is the owner of the debt. It alleges that it is the owner and holder of the note and mortgage. And of course it alleges that a default exists but it does not state the party to whom the money is owed nor the statement of ultimate facts upon which the court could arrive at the conclusion that the actual creditor has suffered a default or loss as a result of the payments being stopped.
- The alleged loan, which in my opinion was never funded by World Savings Bank, was a reverse amortization (pick a payment) loan. This loan was probably sold in one form or another 20 or 30 times. The capital from the sale of the loans probably funded many other loans.
- There is a request filed in years ago for the original promissory note, and the contact information for the current holder of the note, which was never answered. This might have some relevancy to a claim contesting jurisdiction of the court.
- While the docket that was sent to me by Mr. BlahBlah did not appear to contain the final judgment for the plaintiff, the documents that he sent and which were uploaded contain a final judgment for plaintiff. The final judgment apparently was a summary judgment in favor of the plaintiff on years-ago at 1:30 p.m.
- As expected, the documents in the possession of Mr. BlahBlah contain a mortgage servicing transfer disclosure. Hence we have evidence of the transfer of servicing rights but not transfer of ownership of the debt.4 In my opinion this corroborates my conclusion that the loan was subject to claims of securitization starting at a time before consummation could have ever occurred. In my opinion the loan was table funded, which means that the actual source of funds for the loan was another party to whom the documents would be "assigned" immediately after, or even before the apparent "closing."
- This is especially relevant to the issue of whether the alleged loan is subject to claims (probably false claims) of securitization. Each of the alleged entities in the "Chain" had robust servicing capacities. The transfers of servicing duties makes no sense and explains nothing except that the usual pattern of musical chairs was being employed to confuse the issues surrounding "holder" of the note etc. The presumptions that are ordinarily used for a holder of a note should not be allowed,in my opinion, because of the history of flagrant violations by Wells Fargo and its predecessors. Producing evidence of a pattern of conduct of fabrication, forgery, robo-signing etc should enable the attorney to argue that the presumptions should not apply, thus requiring Wells Fargo to prove the money trial and ownership of the debt, which they will never do.
- In my opinion the mortgage document was improper in that it failed to disclose a hidden balloon payment. By having negative amortization or reverse amortization, the balance that is owed as principal continues to increase. Under the terms of the mortgage when it reaches 115 percent of the original loan principal, the loan automatically reverts to standard amortization which is what caused so many people, including the BlahBlahs, to default. Borrowers were seduced into taking these highly complex loan products under the supposition that they would later be able to refinance again, taking "equity" out of the home and providing them with the resources to make the payments. The effect of these loans is to cause a balloon payment at the end of a short period of time. Thus the balloon was not disclosed and the term of the loan was not disclosed because the full amortization of the loan was beyond the financial capacity of the "borrower."
- In my opinion the assertion by Wells Fargo that it is the investor, the creditor, the lender, or the successor lender is and always has been false. It appears that no sale of the property has taken place and that none is scheduled based upon information I received from Mr. BlahBlah recently in a telephone consultation. Even though a judgment has been entered, it is my opinion that the rights and obligations of the parties are still defined by the alleged note and the alleged mortgage. Hence the sending of a notice of rescission and the recording of a notice of interest in real property under Florida Statute 712.05 would be appropriate as a strategy. I also think that an action filed in federal court to enjoin Wells Fargo from the use of the note and mortgage would be appropriate. The basis for the action would be, after notice of rescission had been sent, and presumably after the 20 days from receipt of the notice of rescission had expired, the loan contract was cancelled, the note and mortgage became void as of the date of mailing of the notice of rescission.
- There is also another strategy of alleging a fraud upon the court, but I don't think that would get much traction.
- What I think can get some traction is a lawsuit against Wells Fargo for having presented the false evidence to the court. The difference is that you are not accusing the court of wrongdoing, you are accusing Wells Fargo of wrongdoing and taking advantages. I believe that considering the history that the BlahBlahs report in their narrative that substantial compensatory damages might be awarded, but that punitive damages do not appear to be likely at this time. That is not to say that punitive damages will not be awarded. As time goes on, more and more courts are becoming aware of the fact that the type of foreclosure system has been a sham. Each time another judgment for settlement is reached it becomes apparent that the banks are continuing to engage in the same behavior and simply paying fines for it as a cost of doing business.
- As Mr. BlahBlah knows, I do not accept many engagements to directly represent homeowners in these actions. I think that in this case I would be willing to accept the engagement, along with co-counsel, Patrick Giunta. I would have to review this file with him to confirm, but the likelihood is that the initial retainer would be in excess of $5,000.00 and that the monthly payment of our fee would be at least $2,000.00. There would also be court costs and other expenses amounting to over $1,000.00.
- Another option is to seek out another attorney who is willing to take on the case and use my services as litigation support. The hourly rate I charge for all matters, whether as attorney or expert witness is $650.00. The hourly rate of most other attorneys is significantly below that. The actual amount of work required from me if I am in the position of litigation support would be vastly reduced and thus the expense of having me work on the BlahBlah file would be significantly reduced, enabling the BlahBlahs to hire counsel who is receptive to me providing litigation support.
- In all engagements, in which I am the attorney, or providing litigation support, there is also a contingency fee that varies from 20 percent to 35 percent of any amount paid in hand to the homeowner. Specifically this means that if the case is settled or resolved in a manner in which title to the property becomes unencumbered, the contingency fee would not apply to the house itself, but only to other damages that were paid in connection with the settlement or collection of a judgment.
————— End of Garfield Blather ————–
Enough of Garfield's nonsense – HERE is your Salvation
Go to the Mortgage Attack site and READ it. There you will find salvation for mortgage woes – absolutely the only reliably workable technology for putting money back in the pocket of borrowers with crooked mortgages.
How to Get the Benefits of a Securitization Audit FREE
Securitization Audits Decline Dramatically… Find Out Why
How to Get the Benefits of a Securitization Audit FREE
Benefits? WHAT Benefits? Learn below why the audit is a complete waste of resources.
Copyright © 1 April 2014 by Bob Hurt. All rights reserved. http://MortgageAttack.com
TECHNICAL ALERT: I, the author, am not an attorney or practitioner, and I do not seek in this article to solve any specific problem for any specific person. I provide this information for academic and discussion purposes. Consultant a COMPETENT attorney on all questions of law. To ensure competence, demand and verify a winning record in similar cases before you trust his battle scheme.
Background: Why I Write this Article
Securitization audits have suffered a SHOCKING decline recently as foreclosure victims learned the hard way that the audits give no value to the foreclosure process, and foreclosure victims cannot use them to avert foreclosure.
Hundreds of people have called me personally or written to me about their mortgage problems since 2009. I would say thousands, but I have lost count. That year I started giving people FREE information about what works and what does not win mortgage disputes against creditors and their agents and associates.
The majority of those callers had already blown hundreds to thousands of dollars on a "Securitization Audit" or flimsy "Loan Audit" which did not have the worth of the powder to blow them to hell. Many mortgagors had also blown thousands to pay a foreclosure "pretense defense" attorney for the privilege of dragging out the foreclosure. Most of those foreclosure victims eventually lost their homes to foreclosure auction. Many who did loan mods went into foreclosure again and either lost the home or soon will.
Every one of those people bought a service from a clueless "Kool-Aid Drinker" or an out-and-out scammer (charlatan, cheat, con artist). Even those attorneys who promised "We'll keep you in the house as long as we can" committed legal malpractice if they failed to examine the mortgage transaction comprehensively for evidence of fraud and other torts, contract breaches, regulation breaches, and legal errors, and as a result failed to lodge the causes of action and affirmative defenses that would have averted foreclosure.
I write this commentary not just to give all those snakes-in-the-grass the literary black eye that they deserve, but also to give the reader something FREE that bozo scammers charge hundreds or thousands for.
I shall tell you, in short order, how to find out who owns your note and why the chain of ownership of the note has no relevance to foreclosure courts.
Securitization audit scammers tell their desperate, clueless foreclosure victim prospects that they will research the "chain of title" and find out who owns the note and what shenanigans happened during transfers of note ownership. They will suggest that the chain of title to the note really matters in a foreclosure dispute.
In reality, as demonstrated by myriad foreclosure sales, it does not matter at all to the foreclosure judge or trustee. Those scammers will talk about their certification, credentials, and the crookedness of securitization, putting the note into the trust after the closing date specified in the pooling and servicing agreement (PSA), REMIC violations, Bloomberg terminals for researching Securities and Exchange Commission information, etc. And they will show you a wad of useless affidavits, and claim to have functioned as expert witnesses. They will not tell you their affidavits and testimony have no notable effect on foreclosure decisions.
Judges and Lawyers Declare the Securitization Audit CROOKED
I shall prove to you right now that those securitization audit scammers and the charlatan attorneys who con you into paying for such audits are liars and con artists for suggesting such audits have an iota of value.
See, Demilio v. Citizens Home Loans, Inc. (M.D. Ga., 2013) ("Frankly, the Court is astonished by…Plaintiff's attempt to incorporate such an 'audit,' which is more than likely the product of "charlatans who prey upon people in economically dire situation.")
In other words, after reading this, you show yourself a fool if you ever fall for their suggestions that you need the audit to terminate a foreclosure permanently.
You do not have to take my word for it. Look at what two attorneys say about securitization audits:
- "… Most 'securitization audits' that I have reviewed are inadmissible in a court of law; they contain a mere opinion of a layman without personal knowledge (direct experience) as to what happened with a particular mortgage note after closing. Why pay a securitization auditor when you can have your grandmother provide an opinion as to what happened with the note and have her sign an 'audit report'? In reality, in about 95% of all cases, the information supplied by a 'securitization audit' is either already publically available, or it is unavailable to either the homeowner or the auditor. Thus, where a homeowner genuinely lacks this information, an outsider's opinion (in contrast to the bank's admission) is unlikely to help."
Gregory Bryl, Foreclosure Defense Attorney, Virginia and Florida.
- "Mortgage Loan Securitization Audits ARE A CRIME! … THAT INFORMATION IS USELESS IF IT IS NOT ADMISSABLE IN COURT! … So I issue the challenge once again….WILL ANY SO CALLED SECURITIZATION EXPERT PLEASE STAND UP? PLEASE, SHARE WITH ME ADMISSABLE EVIDENCE OF SUCCESS IN ANY FORECLOSURE OR BANKRUPTCY CASE!"
Matthew Weidner, Foreclosure Defense Attorney, Florida.
Why A Borrower Defaulting a Valid Loan Cannot Beat Foreclosure
Before I tell you how to get the benefit of a securitization audit FREE, and how to get the name of the note owner, let us examine some essential facts. To get to those facts, please answer these questions, assuming you have become a mortgagor (borrower):
- Did you borrow money to purchase, refinance, or get a line of credit on a home?
- Did you sign a note in which you agreed that you had received a loan?
- Did you sign a security instrument (Deed of Trust – DOT, or Mortgage) in which you asserted having seisin (possession) and having transferred the estate to the lender for purpose of a mortgage or deed of trust?
- Did the lender assign a servicer to service your account (take payments manage, escrow, distribute proceeds, answer your questions regarding servicing the loan)?
- Did you make any timely payments to the servicer?
Foreclosure Deals with Breach of Contract
If you answered yes to those questions, then you know you have a contractual relationship with the lender, in which various other entities played a role (realtor, appraiser, mortgage broker, Title Company, attorney, etc.).
Moreover, you know that if either you or the others breach the contract, then that entitles you or the lender to take legal action. You know that in a judicial foreclosure state the lender may sue you and take the house in a foreclosure sale if you breached the contract. You know that in non-judicial foreclosure state, the lender may get the trustee to foreclose.
The lender needs to fulfill certain conditions, listed in § 22 of your loan security instrument, prior to such action, such as notify you that you breached the note, accelerate the note to make the balance due and payable now, and then take the matter to the trustee or sue you to get that money or the house.
You Lose the House if You Breached the Note
You SHOULD know that if the lender or his agents or associates engaged in some crooked behavior that invalidated the note or the loan transaction, that will give you reason to sue.
If the lender sues you for a breach and wins, the lender gets your house, or money from its sale, because the lender has a security instrument.
Unlike the lender, you do not have a security instrument that lets you go to the court or trustee to order the lender or his agent or associate to give up his house in some kind of foreclosure sale. So how do you deal with injuries you suffered in the loan process? And how do you find out who owns the note?
Why Not Ask the Servicer and Complain to the CFPB?
You should know that if you want to learn who owns the note, you do not need a securitization audit because you can just ask the servicer. And that remains true if you want some error in your loan corrected.
You might know, though many do not, that the US Government has established the Consumer Financial Protection Bureau (CFPB) to resolve disputes between borrowers and lenders and their servicers. You can file a complaint at the following web site:
- CFPB Complaint – http://www.consumerfinance.gov/
Why You Have No Standing in PSA or Note Assignment Disputes
But wait a minute. Surely you must wonder whether robo-signing, notary falsification of note assignments, assignment to a securitization trust after the closing date specified in the Pooling and Servicing Agreement (PSA), violations of Real Estate Mortgage Investment Conduit (REMIC) rules, and other securitization and assignment issues have any bearing on foreclosure, and whether you can use related arguments to beat foreclosure. You might actually believe a securitization audit can shine some light on these concerns.
Let us answer another set of questions to get to the truth:
- Did you become a party to, become injured by, or become a third party beneficiary of:
- The PSA for a trust that owns your note?
- Any assignment of your note to another creditor (owner of beneficial interest in the note)?
If you answered NO to both a and b above, then you know that neither the assignment nor the PSA have any effect on you whatsoever. Surely you know they do not affect whether or not you have breached your note or owe a mortgage loan debt. So, therefore, you know (do you not?) that you have no standing to dispute or enforce the PSA or any assignment of the note in court. That means robo-signing of the note (one of those ridiculous things securitization auditors tell you they will find for you) has become irrelevant to you and to any court.
See, Javaheri v. JPMorgan Chase Bank N.A., 2012 WL 3426278 at *6 (C.D. Cal. Aug. 13, 2012). ("Plaintiffs here do not dispute that they defaulted on the loan payments, and the robo-signing allegations are without effect on the validity of the foreclosure process.")
About Blank Indorsements of the Note
Furthermore, according to the Uniform Commercial Code (UCC), if a creditor indorses the note in blank instead of naming an assignee, the note becomes bearer paper. See, UCC §3-205 https://www.law.cornell.edu/ucc/3/3-205.
(a) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a "special indorsement." When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in Section 3-110 apply to special indorsements.
(b) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a "blank indorsement." When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.
(c) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.
(d) "Anomalous indorsement" means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.
An enormous number of notes bear blank indorsements. That makes it easy to hand them off without cumbersome paper trails. Thus, whoever holds the note can enforce it, whether or not the holder owns beneficial interest in it. So, try answering this question:
- If the most recent indorser of your note indorsed your note in blank, why would you care who owns it?
I suppose you realize that you should not care because the note holder, regardless of identity, will foreclose and take the house if you breach the note.
Who May Enforce the Note, Even if Lost, Stolen, or Destroyed
The UCC defines the "PETE" – Person Entitled to Enforce the note. See, UCC §3-301 https://www.law.cornell.edu/ucc/3/3-301.
"Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
In the event the note becomes lost, destroyed, or stolen, the PETE can enforce the note anyway. See, UCC §3-309 https://www.law.cornell.edu/ucc/3/3-309.
(a) A person not in possession of an instrument is entitled to enforce the instrument if:
(1) the person seeking to enforce the instrument
(A) was entitled to enforce it the instrument when loss of possession occurred, or
(B) has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;
(2) the loss of possession was not the result of a transfer by the person or a lawful seizure; and
(3) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.
(b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, Section 3-308applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
In view of these laws, the Trustees and Courts do not require the PETE to present the original note in order to foreclose. Some states, like Florida, which require the original and will not admit into evidence a copy of a negotiable instrument, provide a law allowing a creditor to reestablish a lost, stolen, or destroyed instrument, and thereby effectively to create a new, legal "original." See Florida Statutes, Chapter 71, http://goo.gl/hrB9bY.
So, answer these questions:
- Can a creditor foreclose a lost, stolen, or destroyed note on which you defaulted?
- Can a PETE who does not have creditor status foreclose a note in default?
I hope you answered YES to those two questions. If so, you have by now begun to realize that only two questions have salient importance in your mortgage:
- Did you breach the note?
- Does the note lack validity?
If you answer yes to the first question, then you know that the PETE can enforce the note by foreclosing and forcing a sale of the collateral property – your house.
The ONLY Reliable Basis for Battling the Creditor and Associates
If you answered yes to the second question, then you might have an opportunity to undo the foreclosure and wind up with the house free and clear, or with a loan modified to your advantage, or setoffs from your debt, or compensatory and punitive damages awards. You may sue for injuries that made the note invalid, whether or not you face foreclosure.
You may NOT sue until you have complied with § 20 of your loan security instrument, which provides the following delightful text:
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
You can find applicable law (RESPA – Real Estate Settlement Procedures Act – 12 U.S.C. 2601 et seq.) and Regulations (Regulation X – 12 C.F.R. 1024 et seq.) at the below web sites, but take note that I have provided links to the latest at this point in time, and you might need to refer to earlier years based on your situation:
- Law – 12 U.S.C. 2601 et seq.
- Current – http://www.gpo.gov/fdsys/pkg/USCODE-2013-title12/html/USCODE-2013-title12-chap27.htm
- Specifically – 12 U.S.C. 2605 – http://www.gpo.gov/fdsys/pkg/USCODE-2013-title12/html/USCODE-2013-title12-chap27-sec2605.htm
- Select a year – http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE
- Regulations – 12 C.F.R. 1024 et seq.
Take note of (carefully read) 12 U.S.C. 2605 and 12 C.F.R. 1024.35 at the above links, for these tell you the duties of the servicer to notify you of changes of the servicer, and explain what questions the servicer must answer for you, what questions the servicer may ignore, and what corrective actions the servicer must take.
So, you see, if you know the note lacks validity in some respect because the lender, servicer, title company, mortgage broker, appraiser, realtor, or some attorney or other third party injured you at the inception of the loan, you can ask for a settlement from, or sue the injurious party. You start by bringing the injuries to the attention of the servicer.
Now you face a gnawing question that you absolutely must answer:
- How do you find out whether the note lacks validity?
Why Mortgage Borrowers Need a Professional Mortgage Examination
Obviously, YOU should examine all the documents related to your loan transaction for evidence of fraud, regulatory breaches, contract breaches, legal errors, and flim-flams. You might find all kinds of causes of action (reasons to sue) that entitle you to challenge the validity of the loan in court and get the court to compensate you for your injuries.
To examine your loan transaction and related issues comprehensively and comprehensively, you will need a good working knowledge of tort law, contract law, mortgage finance law, real estate law, criminal law, bankruptcy law, foreclosure law, consumer credit law, and federal and state regulations law dealing with mortgages, lending, disclosures, credit reporting, debt collection, equal opportunity, etc.
That brings us to the toughest question of all:
- Do you have the requisite knowledge and skill to perform a comprehensive, professional examination of your loan transaction and any related court actions?
Frankly, I guess most home loan borrowers do not have a clue how to do that. So naturally, you will want an answer to this question:
- Who has such competence and experience to perform a comprehensive mortgage loan transaction examination?
This article focuses on an entirely different issue. It deals with why you do not need a securitization audit and how to get the putative benefits of such an audit FREE. So, I shall address the answer to the above question briefly at the end of the article.
But, I do guarantee you right now that NO securitization auditor or so-called forensic loan auditor, and only the rarest of attorneys, has the remotest capability of doing such an examination correctly without wasting your money.
How to Discover Who Owns Your Mortgage Note: Ask the Servicer
So let us get on with this final question:
- How do I find out who owns the note?
How to Avoid Paying the Wrong Party
Most people worry about who owns the note because they do not want to pay the wrong person and then face an accusation of breaching the note through non-payment. Some simply want to mount a challenge against foreclosure, thinking that if the wrong person forecloses, that will justify asking the court to dismiss the case or stop the foreclosure.
Suppose you do not know who owns the note and you fear that the wrong person will receive your mortgage payments. That could open you to an accusation by the real creditor that you breached the note through non-payment. The courts provide a means for ensuring that your payment goes to the right party: the Interpleader Action.
Your loan security instrument identifies whom to pay. If you ever doubt whom to pay, you can file the interpleader action to remove doubt and comply with the terms of your loan. The court will assign someone to take your money and pay it to the correct party.
Federal Law Helps You Find the Owner of the Note
As to how to find out who owns the note, federal law requires the creditor and servicer to notify you of any change in creditor or servicer timely so you do not pay the wrong party. Read the law for yourself, here:
See, 15 U.S.C. 1641(f)
(f) Treatment of servicer
(1) In general
A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation.
(2) Servicer not treated as owner on basis of assignment for administrative convenience
A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the owner of the obligation for purposes of this section on the basis of an assignment of the obligation from the creditor or another assignee to the servicer solely for the administrative convenience of the servicer in servicing the obligation. Upon written request by the obligor, the servicer shall provide the obligor, to the best knowledge of the servicer, with the name, address, and telephone number of the owner of the obligation or the master servicer of the obligation.
Federal law also requires the servicer and creditor to notify the borrower of any change in the servicer or creditor.
See, 15 U.S.C. 1641(g)
(g) Notice of new creditor
(1) In general
In addition to other disclosures required by this subchapter, not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a third party, the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer, including—
(A) the identity, address, telephone number of the new creditor;
(B) the date of transfer;
(C) how to reach an agent or party having authority to act on behalf of the new creditor;
(D) the location of the place where transfer of ownership of the debt is recorded; and
(E) any other relevant information regarding the new creditor.
(2) Definition
As used in this subsection, the term "mortgage loan" means any consumer credit transaction that is secured by the principal dwelling of a consumer.
Thus, the borrower should always have timely notice in order to pay the right party and to know whether the right party has made any effort to foreclose a defaulted loan.
If in doubt the borrower need only call or write to ask the servicer. The servicer must give the borrower the identity and contact information for the creditor, and the details regarding escrow for insurance and property tax, and other information regarding servicing the loan.
Get Help from the Consumer Financial Protection Bureau
If the servicer plays dumb or either the servicer or creditor fail to inform the borrower, then the borrower may seek enforcement assistance from the CFPB. As I mentioned above, you can file a complaint via the web site:
- CFPB Complaint – http://www.consumerfinance.gov/
Sue the Creditor and/or Servicer
As to punishing servicer recalcitrance, federal law provides borrowers with a private right of action against the creditor and/or servicer as appropriate. The court can order the defendants to pay the borrower up to $4000, plus any actual damage, plus legal fees and costs of the action. The court can force the defendants to give the proper information to the borrower.
See, 15 U.S.C. 1640(a)
§1640. Civil liability
(a) Individual or class action for damages; amount of award; factors determining amount of award
Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection (f) or (g) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of—
(1) any actual damage sustained by such person as a result of the failure;
(2)(A)(i) in the case of an individual action twice the amount of any finance charge in connection with the transaction, (ii) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than $200 nor greater than $2,000, (iii) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of $500 and a maximum of $5,000, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures; 1 or (iv) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than $400 or greater than $4,000; or
(B) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of $1,000,000 or 1 per centum of the net worth of the creditor;
(3) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638(e)(7) of this title, the costs of the action, together with a reasonable attorney's fee as determined by the court; and
(4) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph (1) or (2) of section 1639b(c) of this title, or section 1639c(a) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material…
Please read the full Civil Liability law at the below link. I have only provided the part important to this discussion.
The SEC Web Site
You can satisfy your curiosity about the PSA and other documents related to your loan, such as the bank's 424(b)(5) prospectus form filing. You need only dig around in Edgar at the Securities and Exchange Commission's web site here:
You can find the regulations requiring such filings in 17 C.F.R. 230.424
- http://www.ecfr.gov/cgi-bin/text-idx?SID=57184594b5d369711682228bbd070274&mc=true&node=pt17.3.230&rgn=div5#se17.3.230_1424
Thus, You Need NO Securitization Audit to Receive its Alleged Benefits
As you can see, I have just saved you the cost of a securitization audit. I have given you the main benefit of it, knowledge of how to discover the identity of the creditor, the person who owns beneficial interest in the note, and I have shown your entitlement to get the court to award damages to you for a failure to give that information. And I gave you all that ABSOLUTELY FREE.
Now you know also that you do not need to pay some scalawag huckster of a securitization auditor to find out who owns your note. Most of the time the so-called auditor gives clients a bunch of useless information like a copy of the PSA, but fails to tell you who owns the note. Why? Because creditors indorsed most securitized notes in blank and most notes have become securitized.
If in doubt, check the Fannie Mae or Freddie Mac web site and enter your loan number, for they own many if not most of the mortgage notes.
- Fannie Mae Loan Lookup – https://knowyouroptions.com/loanlookup
- Freddie Mac Loan Lookup – https://ww3.freddiemac.com/loanlookup/
If still in doubt, pick up the phone. Call the servicer, and ask, "Who owns my note?" If you get the bum's rush, try it in writing, then contact the CFPB, and complain. If that does not work, SUE.
But under NO CIRCUMSTANCES should you bother with a securitization audit. It will only waste your money and your time, and give you zero benefit.
Yes, I know I titled the article to make it seem like securitization audits provide benefits you can get free. Well I gave you FREE those benefits that a securitization auditor fools victims into thinking they will get for a big fat fee, but which the victims do not get at all.
If you already made the ill-informed mistake of paying a securitization auditor for that useless audit, I suggest that you demand a full refund and report that scalawag to the State Attorney General. Why? Because those crooked "auditors" know they sell useless junk.
Save Your Money for a Professional Mortgage Examination
Besides, you will need all that money to pay a competent, professional mortgage transaction examiner to examine your transaction documents. That will reveal injuries you have suffered. And when you show the injuries to the servicer, the injurious parties, the CFPB, and the court, you thereby give yourself the ONLY opportunity of pressing your adversary into a settlement or of obtaining a damage award judgment from the court.
Yes, I know the ONLY such examination firm in the USA, the only one I can confidently recommend.
If you have a mortgage and you want help with it, familiarize yourself with the articles and concepts at the Mortgage Attack web site here:
Then write me using the contact form at the site, or pick up the phone and call me at
- 1 (727) 669-5511
Bob Hurt
Mortgage-Related Laws, Regs, Rules, Cases
Whether or not a person can afford an attorney, it makes good sense to know the law, rules, regulations related to the case, and to know how and where to find case law. OBVIOUSLY, you should go to a law library or consult an attorney if you can find a competent one willing to fight for you and with some kind of proven track record.
It also makes sense to have a subscription to prepaid legal service like Legal Shield so you can talk to a lawyer inexpensively about your rights and options.
Unfortunately I have learned better than to trust an attorney to develop a sound strategy or to manage a case efficiently or to advocate my cause aggressively. In the end YOU are responsible for winning or losing your case, and YOU suffer (the lawyer doesn't) if you lose your case. So, you need to keep your "thumb on the pulse" of the case at all times, to keep the lawyer "honest" so to speak, particularly if you have had the sad misfortune of hiring a foreclosure pretender defender (don't make me name names).
In order to remain aware and capable, you need to learn the law and become disposed to using it. And you should learn about litigation practice – rules of procedure and evidence. I have collected some links to federal and Florida laws, and legal research sites. Enjoy.
Federal mortgage related Law/Regulations
- Consumer Financial Protection Bureau
- Real Estate Settlement Procedures Act – 12 USC 2601 et seq
- Regulation X – 12 CFR 1024
ConsumerFinancialProtectionBureau Chapter X
- SUBCHAPTER I—CONSUMER CREDIT COST DISCLOSURE (§§ 1601–1667f) – Truth In Lending Act
- HOEPA Rule that amended TILA under Dodd Frank Wall Street Reform and Consumer Protection Act
- Home owner Equity Protection Act – 15 USC 1639
- Regulation Z – 12 CFR 1026
- SUBCHAPTER II-A—CREDIT REPAIR ORGANIZATIONS (§§ 1679–1679j)
- SUBCHAPTER III—CREDIT REPORTING AGENCIES (§§ 1681–1681x) – Fair Credit Reporting Act
- Regulation V – 12 CFR 1022
- SUBCHAPTER IV—EQUAL CREDIT OPPORTUNITY (§§ 1691–1691f) – Equal Credit Opportunity Act
- SUBCHAPTER V—DEBT COLLECTION PRACTICES (§§ 1692–1692p) – Fair Debt Collection Practices Act
- SUBCHAPTER VI—ELECTRONIC FUND TRANSFERS (§§ 1693–1693r)
- Equity skimming on HUD property or VA loan property a Federal Crime – 12 USC 1709-2
Whoever, with intent to defraud, willfully engages in a pattern or practice of—(1) purchasing one- to four-family dwellings (including condominiums and cooperatives) which are subject to a loan in default at time of purchase or in default within one year subsequent to the purchase and the loan is secured by a mortgage or deed of trust insured or held by the Secretary of Housing and Urban Development or guaranteed by the Department of Veterans Affairs, or the loan is made by the Department of Veterans Affairs,(2) failing to make payments under the mortgage or deed of trust as the payments become due, regardless of whether the purchaser is obligated on the loan, andshall be fined not more than $250,000 or imprisoned not more than 5 years, or both. This section shall apply to a purchaser of such a dwelling, or a beneficial owner under any business organization or trust purchasing such dwelling, or to an officer, director, or agent of any such purchaser. Nothing in this section shall apply to the purchaser of only one such dwelling.
Florida Mortgage Related Civil Litigation
Florida Evidence code Chapter 90
Witnesses, Records, Documents Code Chapter 92
Civil Practice
Rules of Civil procedure and Judicial Admin – http://floridabar.org
Go to Florida Judicial Circuit web site to find local court rules and administrative orders
Florida Code of judicial conduct
Oath of Admission to the Florida Bar
Rules regulating Florida Bar
Florida Consumer Collection Practices Act
Article III Chapter 673 and IX Chapter 679 UCC
marketable titles Chapter 712
Foreclosure Chapter 702
Florida Equity Skimming Chapter 697,
Trawick's Florida Practice and Procedure
Florida Causes of Action
Florida Evidence Code with Objections
https://pushlegal.com/ online/phone law, rules, etc $1 per book per month rent.
Cheap legal research
http://www.stetson.edu/law/library/ – Sometimes one can call with a question and get it answered
LII / Legal Information Institute
http://www.law.cornell.edu/wex legal dictionary/encyclopedia
http://law.lexisnexis.com/infopro/zimmermans/ Zimmerman research guide
http://constitution.org – founding documents, scholarly articles, searchable Statutes at Large
Google Scholar
Federal Digital System (laws etc)
Florida Appellate court web sites
Florida appellate Opinions
- Supreme Court Opinions
- 1st DCA Opinions
- 2nd DCA Opinions
- 3rd DCA Opinions
- 4th DCA Opinions
- 5th DCA Opinions
- Unofficial Archive of Opinions
ABA Free Full-text Online Law Review/Law Journal Search Engine
Law Journals: Submissions and Rankings
http://www.lexisweb.com/ – Expensive
http://westlaw.com – Expensive
Federal case dockets and documents: http://pacer.gov (you'll need a credit card)


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CCBC surgical technologist jobs
Think about what career is best suited for you, and where you want to study. Request more information now.
Think about what career is best suited for you, and where you want to study. Request more information now.
Think about what career is best suited for you, and where you want to study. Request more information now.
Get info about CCBC surgical technologist jobs, registering for degree programs, and taking tests for free online. Nursing is one of the fastest-growing job areas, and for good reason. As the population ages, medical care will continue to expand. If you study surgical technology, for example, there are a variety of concentrations that may appeal to you such as nurse assisting, laboratory internships, or vocational rehabilitation. Check with the nursing department for an updated schedule of classes, registration deadlines, and a list of surgical technologist job requirements. Due to advances in health care, there is a growing skill-shortage of surgical techs, and of qualified medical personnel in general. Please use the form above to request admissions info for CCBC.
Surgical technologists, also called operating room technicians, assist in surgical operations. They prepare operating rooms, arrange equipment, and help doctors during surgeries. The average wage for surgical technologists was $44,330 in May 2015, and employment prospects are projected to increase by 15% yearly. Many community colleges and vocational schools, as well as some hospitals, have accredited programs in surgical technology. Surgical techs are trained in the care and safety of patients, sterilization techniques, how to set up technical or robotic equipment, and preventing infections.
Certification through The National Board of Surgical Technology and Surgical Assisting allows the use of the title Certified Surgical Technologist (CST), while certification through the National Center for Competency Testing allows the use of the title Tech in Surgery - Certified (NCCT). The National Board of Surgical Technology and Surgical Assisting, the National Commission for the Certification of Surgical Assistants, and the American Board of Surgical Assistants offer certification for surgical assistants.
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On the Paradoxes of Life
"Courage is almost a contradiction in terms. It means a strong desire to live taking the form of a readiness to die…This paradox is the whole principle of courage…A man cut off by the sea may save his life if he will risk it upon the precipice. He can only get away from death by continually stepping within an inch of it…He must seek his life in a spirit of furious indifference to it; he must desire life like water yet drink death like wine." (G.K. Chesterton)
The idea that paradoxes are a key to the full life–indeed the only way to truly live–has much been on my mind as of late. And Autumn only seems to heighten this awareness, providing us with various sensual reminders as death and life dance inches from each other this time of year, be it in the vibrant color of the falling leaves, in the very sweetness of decaying vegetation, or in an exquisite meal from freshly killed game. For your consideration, I offer the following paradoxes inherent in life:
(1) having, at one and the same time, confidence with humility;
(2) always "pushing through" obstacles but never forcing our way;
(3) moving quickly without rushing;
(4) holding on loosely, to which Chesterton's insight on courage could aptly apply as it involves both a desire to possess a good with a healthy indifference in one's willingness to let go of that good; and
(5) healthy self-interest v. selfishness (the former always good, the latter never).
Yet, one of the most profound paradoxes that I've observed in my line of work is that of the ethical hunter and his relationship with the animal world. I think of Mike, my father-in-law (quite an accomplished hunter), a man who has a real connection with wildlife, a connection that is quite personal. Animals quite simply are drawn to him, a fact which is evidenced nearly every time we visit him at his country home. Using nothing by way of man-made instruments, he calls the wild turkeys and they come running. From my wife's account, he is skilled enough to kill a deer with very little pain, and–upon reaching the animal–prays a prayer of thanksgiving, maybe even thanking the animal for its life. Then he goes to work, gutting the animal (the entrails will feed the wolves and coyotes in the area), with the rest being processed into edible cuts of meat. If there's an abundance of meat, it is generously shared with friends and neighbors. Mike is not an isolated example. Nearly the same ritual is described by Jesse Griffiths in a recent interview on The Splendid Table (click here to listen to the first five minutes or so of the episode which aired September 15, 2012, in which Griffiths, a hunter himself, describes this intimate connection that can exist between hunter and game, the reverential awe with which hunters may regard the animals they kill).
It's the same paradox that exists in those farmers I've met who humanely raise and humanely slaughter cattle. In stark contrast to the numbered cattle on a feedlot, if I'm not mistaken all the cattle on the farms where I seek my product have names. Now, you'd think that one would have little regard or respect for an animal being raised for its meat; the exact opposite is true. On a recent farm visit in south-central Michigan, my host (one of the proprietors of the farm) drove me in a Land Rover through the pastures where the cows grazed on fresh grass. Slow-moving animals were they, at times they blocked our path, but the tone in which my host addressed the cattle was with a respectful authority, "Come on, old girl. Get up." Conversing with two other farmers who raise beef last Saturday at the farmers' market, they were packing up a little early to go home, "The animals notice when we're gone. We don't like to leave them alone for long." I couldn't help but think that this must be an emotional tug similar to that of a young mother, leaving her infant with a sitter, who wants to get back to her young who may feel uneasy with an unfamiliar person.
But what difference does all this make? All the difference in the world, I submit. The way in which an animal is raised and the way in which an animal dies translates directly into the quality and flavor of the meat from that animal. I pause now to remember how three meals that made the strongest impressions on me (other than bi-annual meals at Duba's Restaurant and my account of the greatest steak I've ever enjoyed) involved, to my surprise, wild game: an Easter dinner of pheasant, courtesy of an African game hunter (Dr. Stringfellow); elk medallions of tenderloin; and a Venison Marsala. (The ingredients for the latter of these two meals were also provided by hunters we knew personally.) Astonishingly, these meals were remarkable for just how good the meat tasted. As regards to the meat procured from the market farmers last Saturday, it was full of flavor.
All of human life seems a striving to live in the tension of paradox, but when it is done and done well, the fruit of it all is palpably evident.


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7 Days in Havana "will be premiering at Cannes this year in competion for the "Prize Un Certain Regard" section of the Festival's film line-up. 7 Days chronicles the life in Cuba in seven different stories per each day, told through visitors of the Caribbean city and helmed by seven different directors.
On the first day Monday, the story El Yuma, directed by Benicio Del Toro, follows Teddy Atkins, "a young American tourist who travels to Havana for the first time. His driver, a middle-aged Cuban cab driver who has a university degree in engineering will offer him a touristic tour of the city that is anything but traditional."
The second day is titled Jam Session and is directed by Pablo Trapero. It follows "a well-known director travelling to Cuba to receive an award and going at the same time through a personal emotional crisis will find advice and help from an unexpected friend: his driver, a Cuban family man, humble, kind, who happens to be an incredible trumpet player."
The third day titled La Tentacion de Cecilia (Cecilia's Temptation), directed by Julio Medem, centers on "Cecilia, a Cuban singer, is torn between accepting the offer of a Spanish impresario and following him in Spain to make a career, or staying in Havana with her boyfriend Jose."
Diary of A Beginner, directed by Elia Suleiman, follows ES, "a Palestinian assigned to conduct an interview with a prominent Cuban figure in Havana. He wanders the city of Havana as he waits for his appointment. Gradually, what he thought to be killing time while waiting for his appointment becomes his test for his true identification."
Gaspar Noe's Ritual, centers on "Yamilslaidi, an attractive African-Cuban schoolgirl is forced by her parents to go into a cleaning ritual. They are determined to get their daughter rid of the "curse" she has been put on: loving girls."
Juan Carlos Abio's Dulce Amargo (Bitter Sweet) is described as "an immersion into one "normal" day in Mirta's life: despite her two jobs, Mirta also devotes herself making candies in order to fulfill her home and family's needs."
Laurent Cantet's La Fuente (The Fountain) revolves on "how Martha and her neighbors will go out of their way in order to set up a ceremony on time for the virgin Oshun, who appeared in Martha's dreams asking for a public celebration to her name… that same evening!"
I'm really digging the look, feel and SOUNDS from the trailer alone. I'm really looking forward to how this film will be received at the festival.
Watch the trailer below and posters for each story underneath it.
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We're always looking for good people!
Nazelrod & Associates is a seven person firm located in Towson, MD, comprised of individuals who hold the licenses/designations of Certified Financial Planner©, Certified Public Accountant, Attorney at Law, Securities/Investment Broker, Insurance Agent, as well as support staff. We provide comprehensive Financial Planning to clients. We are excited about the growth of our business and always looking for accountants to join the team. If interested, please submit your resume to firstname.lastname@example.com.
Please forward your resume and questions to firstname.lastname@example.com.


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Words containing accomplicesh
Found 1 words containing accomplicesh. Browse our Scrabble Word Finder, Words With Friends cheat dictionary, and WordHub word solver to find words that contain accomplicesh. Or use our Unscramble word solver to find your best possible play! Related: Words that start with accomplicesh
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Be advised that changing your location while shopping will remove all the contents from your shopping bag.
Protection from the elements with progressive styling and durable functionality.SHOP GLOVES & MITTS
Stacked with performance features. Outerwear that keeps you dry and comfortable in varying snow conditions.SHOP OUTERWEAR
Slaves to the forecast, Cold Transmission is a narrative of the constant state of following and evaluating conditions, and the abandon of all else to chase the storm. It starts with satellites and radar reception, and then the onslaught of texts, calls, and emails begin to line up the crew. Driving thousands of miles, booking last minute flights, sleeping on couches—all to intercept the storm at the right moment when everything comes together for the storm of the season.Play Video


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Monday, June 11, 2012
Book Review: The Battle of the Labyrinth
Author: Rick Riordan
Rate: 5/5
Please read my reviews of the other books in the series The Lightning Thief, The Sea of Monsters, and The Titans Curse.
I think this might actually be my favorite of all the books so far( although it is tied with The Lightning Thief). I think I like it because it involves one of the first Greeks myths that I heard, and it might be one of my favorites too. I also liked that some one other than Percy was "running the show" so too speak. It is still Percy telling the story.
I would very much like to say more, but all the things I want to say I have already said the same things about the other books. I think if you want to get a feel for the series in general my Lightning Thief Review is a good one to read.
Posted by Elizabeth at 4:00 PM
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The Hudson Opera House has a rich history dating back to 1855. Reopened in 1992, The Opera House presents performances, exhibitions, workshops, readings and lectures. The 18th Annual Gala to benefit the ongoing restoration, "In Black and White", will be held on Saturday, September 24th, 2011 at the Basilica Hudson. For information contact the Opera House directly.
"The building was built in 1855 as the first City Hall for Hudson. In early years, the first floor of the building was home to the Franklin Library, and the First National Bank of Hudson. Frederic Church and Sanford Gifford showed their paintings here, Bret Harte read his poems, and Henry Ward Beecher gave a rousing abolitionist lecture. Susan B. Anthony visited at least twice, the first time lecturing about abolishing slavery, and the second time to rally support for women's suffrage. Around 1880, at the height of the Gilded Age, and shortly after Paris built it's new Opera House, the Palais Garnier, many town halls and city halls in America adopted the 'Opera House' name which is how this building came to be known as the Hudson Opera House. The first floor of this building held various civic offices (Post Office, Police Station, Common Council, etc.) and the performance hall upstairs, New York State's oldest surviving theatre was used for everything from traveling lecture presentations and musical and theatrical events to local functions like dances, cotillions, poultry shows and graduations. The Hudson Opera House is one of the oldest surviving theatres in America.
After City Hall moved up the street in 1962, the building was briefly a Moose Lodge, then was sold to an out-of-town developer. For nearly thirty years it sat vacant, decaying and accumulating debris. When the Opera House was threatened with further decay and possible eventual demolition, local citizens banded together to save the building. In 1992, Hudson Opera House, Inc., was formed as a not-for-profit organization dedicated to restoring the building both physically and to its position as a cultural and civic center.
Much work was required before any occupancy was possible. The basement had standing water from clogged sewers. The roof was leaking, causing further damage to ceilings and walls. The building had asbestos that had to be abated, and many four-legged and winged creatures had to be evicted. In addition, as a historic building that falls within the City of Hudson Historic District, restoration procedures require preservation studies, historically sensitive building plans, and approval from the State Historic Preservation Office for any restoration work undertaken. With funds raised through benefits and direct mail appeals, studies were completed, the roof was temporarily repaired and the space was slowly prepared for restoration. In 1996 HOH kicked off the Open the Door campaign and raised the money to open the first restored room in the building, the West Room, in December 1997. Since that time, four additional spaces on the first floor have opened and HOH has presented extensive, multi-cultural programming. Hudson Opera House, Inc. is now in the planning phase for completion of the entire restoration project." -- The Hudson Opera House
For more information on events, please click here.
Sunday, September 4, 2011
History of the Hudson Opera House
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Skip to comments.Breivik defends Pam "Atlas Shrugs" Geller in Manifesto
Posted on 07/24/2011 9:34:49 PM PDT by Nachum
Jesusopatriot crusader Anders Breivik (aka Andrew Berwick) comes to the defense of Our Lady of the All Caps Screech, Pam Geller and friends in his Manifesto (p. 625):
I have watched, for the better part of a year, a number of decent human beings including, but not limited to, Pamela Geller, Paul Belien, Diana West, the Baron and Dymphna from the Gates of Vienna blog and many others, being at the receiving end of a vicious smear campaign from Charles Johnson and Little Green Footballs which is unlike anything I have seen in my life.
(Excerpt) Read more at patriotboy.blogspot.com ...
How convenient.
I know. And in beautiful American English, even, with all kinds of slang. Does anyone wonder at that?
How long til someone finds a "convenient" letter written by this guy where he says his favorite book is "Going Rogue" you know its coming
Yep, and the anti Israel Pali rally on Labour yute island a couple day ago??
Hollywood screen writers couldn't do better.
The Norwegian didn't write that he reprinted one of Fjordman's essays
He was not a Marxist. He hated Marxism in all its forms. I've only just begun to read his manifesto abd have so far found nothing to disagree with. His solution was wrong and horrific, but his thinking and research were not incorrect.
I will let you know if I find something to the contrary as I read.
abd=and sorry
He had no reason to have so thoroughly mastered the American idiom. Even very frequent reading of it online wouldn't have substituted for living here, for a number of years. And of those who have, even they still flub it.
Our language is an odd hybrid with everchanging popular slang and multiple, overlapping dialects that subconsciously tell us more than we realize about any given individual writer or speaker. It's very hard to convincingly wield for a non-native.
The whole situation seems just a tad ... contrived, doesn't it? And at such an opportune moment in time, too.
It's almost as if white Christian conservatives are being pre-demonized for what's to come, isn't it? At the risk of invoking Godwin's Law, I wonder if there are any decent books or even online accounts, from those who remember the early years of the Reich and the buildup to all the ugliness, the ghettos and the hell that followed. I wonder if this sounds somehow familiar to them, if they're still around.
We're teetering on a repeat of the Great Depression. Severe economic crises led to strongmen leaders, scapegoating and world war, then. All these seeming coincidences might seem to point in that direction now. Tell me I'm overthinking this so I can just dismiss it, it's a disturbing line of thought.
Let me guess.. he also is fan of Glen Beck, Michael Savage, Mark Levin . . . .
She must be thrilled.
Yep. Getting kind of smelly.
How long til someone finds a convenient letter written by this guy where he says his favorite book is Going Rogue you know its coming
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Or a picture of him and G Bush.
We know "W" is behind this....
A quote from his Manifesto: "Though some pundits have claimed that the prevalence of the ideological intolerance known as political correctness has been exaggerated, the opposite is closer to the truth. Political correctness has become so deeply ingrained in Western European and American
higher education that many campuses are now dominated by an atmosphere of uncertainty and apprehension. An increasing number of dedicated students and faculty
members now live in fear that their intellectual pursuit of truth will offend the Grand Inquisitors of political correctness."
With all the Knights Templar connections could it be long before Tom Hanks has a new movie out?
There is an intellectual disconnect here. Many of his ideas appear completely reasonable, then he kills 90+ children.
Where is the logical or illogical connection?
I'm not buying it.
There's something rotten in Norway.
That actually makes more sense. Especially one was to manufacture a terrorist to pin on the opponents of the administration.
The writer is a native US speaker. Unless this guy is from the US, the author is no more Norwegian than I am.
I heard he listened to Rush on the internet too.
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