Strategies Compared by Nilson

August 20, 2010 by Barry Nilson:

Sometimes when trying to understand an issue, I make a chart of comparing different angles, or in this case, I’ve captured/summarized the essence of what I think are 3 litigation methods, and 1 administrative method.  I don’t know if April Charney or Matt Weidner’s method can be summarized succinctly or not. I’m sure there are more methods.  If either of you come across one, please add it to this list.  I love comparing and contrasting views from all sides.  I’m sure they could probably be further broken down into Judicial and Non-judicial states.  Barne’s method below for example is specifically for non-judicial states.
The common thread I find always is that the Servicers/Trusts can not, or more importantly, will not comply with discovery and accounting.  Given that all of these things are indeed moving targets and confusing, I kind of like Krieger’s or the UCC aggressive and offense method focusing on the claim to the house and putting the servicer/trustee on the defensive.
I’ve ordered the full securitization work up on one of my houses from Neil Garfield, but I wonder if chasing all the PSA and location of note is a goose chase.  In the end, the enemy’s behavior is always the same.  I suppose if you can catch them red-handed that may be effective and I suppose knowing the enemy’s rule book is always good.  Maybe the strength here is their willingness to let the house go out of fear of exposure to a felony, or huge taxable event on the mortgage pool by clever discovery of their accounting fraud.  I can’t stand Maher Soliman’s cryptic explanations, but his warnings about violations of FASB 140 and accounting threats have been confirmed by UsedKarGuy and I think are part of what you (Alina) are getting at.
But most of all I really like Krieger’s pragmatic posts and focus on simplicity.  ANONYMOUS has always been my favorite but now Krieger is with ANONYMOUS in second place, as far as Livinglies.
1)    The Jeff Barnes, TRO – Preliminary Injunction – litigation method:
From Jeff’s Post on FDN:
As those of you who follow this website are aware, the “nonjudicial” foreclosure states require the borrower to institute litigation in court to challenge a Trustee’s (foreclosure) sale and request both a temporary restraining order cancelling a pending sale, and for a preliminary injunction prohibiting any further attempts at foreclosure pending the duration of the borrower’s litigation challenging the foreclosure attempt.
2)    The Dave Krieger, – begin with Quiet Title Method:
from a post of Krieger’s on Livinglies:
“to file suit for quiet title and get the action to the point where you get to have discovery utilized through an evidentiary hearing [as Neil has suggested]. It would be at that point (if BOA won’t give you this stuff via a QWR and DVL) then an attorney that knows this stuff can advise you of your options. I don’t recommend doing this stuff pro se/pro per. I’m working a case now against them that is purposefully becoming convoluted in an attempt to thwart discovery. They DO NOT want you finding this stuff out. Quiet title action in this case is in state court. Don’t let them remove it to federal; and they will try under diversity jurisdiction using all the same arguments as they do with everyone else and then motion for a 12(b)(6) dismissal. “
3)    The Max Gardner Bankruptcy Litigation Model (BLM):
from Max’s BLM model website:
“Every bankruptcy client has, literally, hundreds of claims that a he can pursue via the FDCPA, state UDAP and TILA statutes, before the case is even filed. After filing, many servicers violate the automatic stay, file improper proof of claims and are outside the statute of limitations, among many other problems. After the bankruptcy is discharged, serious violations occur when servicers start sending bills to the debtor for thousands of dollars of fees they secretly accrued during the bankruptcy case that weren’t ever noticed out or approved by the bankruptcy court …”
Max’s base filing fees represent less than 10% of his firm’s revenue. The other 90% is earned through litigating claims for his clients. They are so shocked by their great bankruptcy results, they enthusiastically become Max’s best marketing tool and his main source for new clients”
4)    The administrative, non-judicial method with perfecting a UCC claim:
Start with “Notice of Conditional Acceptance upon proof of claim” when served with the notice of default or foreclosure sale.  This notice binds, or accepts the servicers “offer” into a private contract without changing the terms or creating a counter proposal.  This is now a private contract outside the court room.  The single condition, “proof of claim” can be expanded into a long laundry list demand for discovery, in affidavit form, under penalty of perjury.  The debtor has a right to a legal accounting of his/her bill.  Demanding that accounting is his/her right under UCC.  Send out QWRs and other such stuff (all will be tossed by servicer) builds more ammunition for the potential future litigation
Then file UCC-1 Financing Statement, with 3 follups according to the timeline allowed by UCC to “Perfect the Claim”.  All of this is done with certified mail and notaries to everyone and everybody.
As further ammunition, file a Mechanics Lien, and a Lis Pendens on the property.
Some rogue Trustees will attempt to foreclose over a Lis Pendens.  I guess that is a big no-no, and when the owner or tenant gets served with an eviction notice, that’s pretty good ammunition to go after the trustee.  (I don’t understand this part yet).
Eventually this goes to quiet title, or in one case I’ve seen, the full Reconveyance was given. This part is what I don’t know.  I do know it delays the thing for a very very long time.

31 Responses

  1. @ Angela In Atlanta, GA

    Go check out – George Tran has received 4 or 5 full reconveyance’s using this method and has the final signed by a judge.

    He doesn’t charge anything for the book with all the info on how he did it.

  2. I’ve been looking for info on strategy number 4, here’s what I’ve found:

    Notice Conditional Acceptance for Proof of Claim & accompanied by a Negative Averment Affidavit.

    After the time for your Respondents to answer has passed and if the other party hasn’t answered: Notice of Fault & Opportunity to Cure followed by an Affidavit of Notice of Default

    All done by notaries, they can serve each document, adding their Certificate of Mailing.

    If they do not reply, or send a defective response, send a Notice of Non-Response / Certificate of Dishonor.

    Not sure after that, but it seems like alot of good ammo before you employ options 1, 2, or 3.

  3. Does anyone have a definitive example of the private UCC methodology in action?
    Sample or actual paperwork sent, scenarios, and so on that have actually resulted in success?

    Please advise.

    Start with “Notice of Conditional Acceptance upon proof of claim” when served with the notice of default or foreclosure sale. This notice binds, or accepts the servicers ”offer” into a private contract without changing the terms or creating a counter proposal. This is now a private contract outside the court room. The single condition, “proof of claim” can be expanded into a long laundry list demand for discovery, in affidavit form, under penalty of perjury. The debtor has a right to a legal accounting of his/her bill. Demanding that accounting is his/her right under UCC. Send out QWRs and other such stuff (all will be tossed by servicer) builds more ammunition for the potential future litigation
    Then file UCC-1 Financing Statement, with 3 follups according to the timeline allowed by UCC to “Perfect the Claim”. All of this is done with certified mail and notaries to everyone and everybody.
    As further ammunition, file a Mechanics Lien, and a Lis Pendens on the property.
    Some rogue Trustees will attempt to foreclose over a Lis Pendens. I guess that is a big no-no, and when the owner or tenant gets served with an eviction notice, that’s pretty good ammunition to go after the trustee. (I don’t understand this part yet).
    Eventually this goes to quiet title, or in one case I’ve seen, the full Reconveyance was given. This part is what I don’t know. I do know it delays the thing for a very very long time.

  4. Tress-pass thanks for the well wishes… there are many stories to tell, as every situation is different…but the cumulative effect is proving devastating and the common thread is fraud… no matter how they slice and dice it..

    Funny the thought came to me a while back that you should “write a book”… do it!

  5. trespass unwanted,

    Really sad to hear your story. I have often said that the media – in trying to justify foreclosures – leaves out the many children, sick, and elderly, who are equally affected by the (fraudulent) foreclosure.

  6. In regards to Maher Soliman – Your style may be cryptic , but you do provide an incredible amount of knowledge. Did I notice that some of your post were ” REMOVED ” !!!! I hope not. A great DEBATE on this site is going on , and nothing should stop it. I am glad to see you posting your intellect.

  7. You left out.
    Writ of Scire Facias annulling the trust because of false suggestion or false inducement, breach of trust, malfeasance misfeasance or nonfeasance.
    Pick one or more 😛

    Writ of Prohibition and Declaratory judgment based on administrative remedy .

  8. Mr Soliman

    The “Seller” parties foreclosing cannot be related …what so ever to the successor and assigns and servicing agent included. Redemption of stock for financial assets is a securities fraud.
    This could be interesting, but I am only an engineer
    and do not understand securites fraud. Can you explain ? Thanks

  9. PJ,
    Thanks for the response. I’d been through so much I could write a book. I can tell we each have our own horrid story. Such a shame in the 21st century, this is as far as we get.

    Technology did not improve the soul of man.

    Retribution has no time limit.

    Found out the hard way, I was basically reduced to a 10 year renter, who improved the property on her dime for 10 years.

    I’d know people who paid their servicer early, yet in the end, after the final payment, they would never have the lien nor deed released. They were told by the last servicer they paid that they didn’t have the papers.

    I send my energy to everyone involved in the process of preserving their homes, but can’t help but feel each victory is only temporary.
    Even their permanent modifications end up temporary after you’ve contracted with them for about 6 months.

    You have so many other entities in line to take that property from you, if it’s not the bankers, it’s the county over taxes, or the HOA (homeowners association) over non-payment of dues.

    So many scoundrels standing in line. So many thieves in the night.
    And it all ends up with a contract stuck on your door telling you to get out in 7 days or a man with a gun, a hired gun, will come, knock on your door anytime after 10AM to remove you, if you don’t leave first. If you hunker down and don’t leave, they are given permission to put their hands on you, and/or treat you like a criminal and bring in a SWAT team and arrest you along with and other criminal charges.

    Every judge and banker should be subjected to the treatment the dish out! Do unto others as you would have them do unto you.

    If we hired militia or a hit man, in this country, we’d be under the jail.

    It’s a sick game. I wish that family you are helping; well. You seem to be a STO- service to others type of person. This planet is full of people like us, and of course inhabited by the STS – service to self types to. But the universe is geared towards love, and every language, every culture, every religion, everything knows that STS get judged and learn from their selfishness and repent their sins, but the punishment is great and long, the universe does not move on man’s concept of time. Time was created for commerce anyway, so without time, there is no commerce. Watch time disappear. Can’t wait.

    Oops the week has come and gone so quickly. Wow, the day is already over. Yes, time going away.

    I hope that family doesn’t lose much more than the bit of health that was already lost.

    Light and Love,
    at arm’s length
    Trespass Unwanted, sui juris in propria persona

  10. 2 Trespass… the event in my life that woke me up to all of this was when a dear friend (single parent) having gone through a difficult divorce and a subsequent stroke was a victim of WF… while they were learning to speak and walk again our family assisted in the everyday affairs of the household… cooking meals, making sure bill’s were paid etc… that is when we came upon a “fraudulent land Grab” by WF…. they summarily annoyed, outlined in their scathing letter that our friend had paid the “property taxes” on land that they WF had no financial interest in.. Which leaves one only to conclude that WF apparently knew through the various channels of interest that things had not be going so well for this person… and it was like let’s take a shot…. see if we can steal a parcel of land that has been in he family for generations …. while this person is down and out… one problem for WF the tax’s were already paid… and the clerk sent their check back… stating so… oop’s…

    Your story is this story… and in fact it my friends circumstance is what got me involved in this whole issue… their purpose is to steal our neighbor’s home’s their life , their dignity in name of us saving ours at our neighbors expense…

    It is the same circular agenda played out over and over again by the liberal elite…. the sit down and shut up elite that will brand you as an insurgent against the better good when you point out the obvious

  11. I was paying the mortgage while my perfected security interest was in place. I was reading about all these ‘others’ popping in and foreclosing so I decided to perfect my interest should something happen with my original lender. So it was not there to ‘not’ pay my obligation, it was there to protect my interest in the property.
    Sorry to hear some QWR’s resulted in foreclosure.
    There is so much fraud out there, that there is no way, a single cell organism wouldn’t know there was a problem.
    We are third density intellects trying to rise in the creation to higher forms of vibration and somehow we’ve appointed, assigned, and recognized lower vibratory 3rd density beings as the judges and jury over our lives.
    That’s why the meek will inherit. Only low vibratory beings, who by now are ‘stuck’ in their vibration, can exert such force against others. Realize, the end result is a man with a gun.
    There is no way, they can send a letter, or knock on your door, or take you to court on even terms of who’s got what information to prove their claim and win. They have a judge, who can sign their name and send a hired gun (the wild wild west) to tell you to get off your property.
    I have found more peace of mind now that I’m out of the home, but it was extremely difficult to watch someone steal from me and think I have a remedy, recourse, or retribution, and find nothing in their world.
    My child has adjusted well to this, I’ve explained to her the world we live in. She is the future. When we look back, we will know that not only were the poor unintelligent, the ignorance ran all the way to the top. Either that or paralysis from being enjoined in something so dark and so deep that you can’t make an independent decision that would change the world for the better.
    I’d rather my life than one like that.
    Light and Love,
    at arm’s length,
    Trespass Unwanted, sui juris in propria persona

  12. I’m assuming a title search found it, and that’s why I suffered the Appointment that was made, to take it.
    No one I know was handled the same way.
    I believe mine case was handled this way ‘because’ I had a perfected security interest and the pretender and their law firm wanted to show me that in order to keep it, I’d have to spend some money and knew know how much you have in your bank account because the credit bureaus will show you because your bank reports it to them.

  13. Stupendous Man – Defender of Liberty – Foe of Tyranny,

    I had a UCC-1 in the Real Property Records as a fixture filing.
    It was a perfected security interest, as per UCC Section 9.
    It was not perfected over the original lender, but it would have perfected my claim should the original lender disappear or not assign the beneficial interest to another.

    The pretender, (with no assignment of the beneficial interest) hired a law firm that recorded an Appointment in the Real Estate Records, and appointed themselves as my Trustee (any of 6 to act). I have no trust agreement in the public nor private that should have allowed this to happen. If they were substituting the trustee of the Deed of Trust, then that substitution is between the pretender and the law firm, my name should not have been attached to their agreement.

    That Appointment in those public records, I could not remove without a court order, and it thwarted my UCC-1 perfected security interest, and they conveyed my property to the pretender, and created a special deed to Fannie Mae and sued for forcible detainer for Fannie Mae.

    So, lets just say, the fraud runs deep, and even if you learn today what you do learn today, these law firms and pretenders have all the time, money, and people, to do many other things to ‘steal’ this from you. Your last attempt at remedy is a judge, and I was confident in that remedy until I walked a mile in my shoes.

    My perfect credit is ruined, my home is in the hands of a real estate agent that was going to rent it without the pretender’s knowledge, and I’m living in another location, but will be subject to paying for coverage based upon my credit rating. I have a one year lease, at the end of that, if they determine my credit is not good enough to continue, I’d be roaming again.

    I’m stuck with this Trustee “Appointment” on the records, like forever!

    This thing doesn’t expire and wasn’t filed for a single transaction only.

    The way I see it, I could never purchase another home, because these attorneys, 6 or them listed, any to act, can always interfere with the obligations of any contract I create.

    I can’t wait for the world to end and be all these criminals to be judged.

    I hope someone gives them a free pass to a vacation of a lifetime, or shall we say a once in an eternity vacation, and they find out they took a trip to hell and can’t get out for a billion man years.

    I’ve been violated!

    I still love, and I know right from wrong. I forgive them as all things done are choices, and we have a right to make the right choice and a right to make the wrong choice.

    I’m not spending any money to go to their courts fix the violation that was done to me. I’ve been locked out of my free will this existence and so this violation ride will stay until it’s resolved by mankind or the Universe.

    Light and Love,
    at arm’s length,
    Trespass Unwanted, sui juris in propria persona

  14. The meek, the poor, and the uneducated have ‘no recourse’.
    The system was not built for them unless they ‘bankrupt’ themselves. How ironic.
    My remedy had to be their remedy, because all is One. All men are created equal. We have over the course of time, created positions and titles of authority that give the illusion of hierarchy.

    If I enter into a Trust agreement with someone and they ‘breach the trust’, then the agreement is off.
    As I understand we come to the table owning the title, because that’s the only way this scheme works. A real man or woman has to come to the closing.

    We have title, we create the obligation, (the promissory note), and we put the title as collateral.
    The trustee holds the title for the benefit of the beneficiary, who at that time should have the note and the deed when the transaction is complete.

    But through some fraud, the trust is breached, and as a result we end up losing our sweat equity, because many have to exert energy to earn money for the opportunity to pay off the
    obligation we created, and we lose our property because the trustee for the beneficiary will convey the title to someone who does not have a beneficial interest, ie both the note and the deed.

    Just because you know the note is destroyed and both will never be put together again, doesn’t mean you can keep the title on your side of the fence and make us fight you in court to get it back.
    Thou shalt not steal. Theft infringes on the “free will” of the people to possess what was stolen.
    Instead of learning man’s law, they need to step up to Universal Law, there is no distortion in Universal Law. Your signature is solid proof that you violated it. Trustees, attorneys, judges. I’m sure signatures are involved in all those transactions. Stack them and layer them if you must, but you are still part of the problem.
    So Trustees are at fault with the judges. Trustees may hold it for the benefit of their beneficiary, but the position of trustee binds them to trust law, and if trust law would force the dissolution of the trust, and the return of the title to the rightful owner, the trustee had a duty to disclose to the beneficiary that the trust was breached, dissolved, obsolete, or whatever and he could no longer perform the obligations of the trust.

    I deal with the ‘theft’ of my property knowing the perpetrators left me with no remedy, and there is ‘always supposed to be a remedy’.
    I’m reminded of the movie ‘Titanic’, the ship had half the life boats required so as not to obstruct the view of the ocean, etc…
    The captain was told by a passenger, no less, that if the ship sank, half the people would die.
    Someone wealthy responded..not the ‘better half’.

    (Now why does a passenger have to tell the captain the obvious? Because the ego possessed for the position held, led him to believe he had more power over the vessel than he actually had. He could steer it where ever he wanted, but he never anticipated the Universe having more control and steering an iceberg in his path. Once he hit that iceberg, all the consequences of his actions played out and he could not reverse the original decision that led to the disaster.) Judges and lawyers can learn from Titanic.

    The architect planned for an iceberg, but did not plan for ‘all scenarios’, and the Universe provided a scenario that had ‘no remedy’ for those that, in their arrogance, and with their ego, created the problem.

    The trustees, judges, and lawyers are locking the poorer passengers into the poverty portion (hull) of the ship because they purchased the cheaper tickets, and didn’t know what they purchased, or signed up for, or had gotten themselves into, and there weren’t any life boats in the plans, to save them.

    This financial Titanic has hit an iceberg, the housing market was a ponzi scheme, real people put up our titles as collateral and created an obligation that would never be satisfied because the people that held our promise, did unconscionable things with it and we can neither back out of the promise, nor get ‘our’ titles that we put up as collateral, back.

    If judges realized the title we fight for is ours held by the other side, maybe they won’t be so eager to let the other side keep it in the fraud.

    Ignorance of the law is no excuse.

    This should not be about education, or status or ability to pay or ability to defend, or access to the internet to learn what’s going on and how to stop it.

    There should always be a remedy, and if it doesn’t come from the physical manifestation of mankind, it will come from the spirit.

    Light and Love,
    At arm’s length,
    Trespass Unwanted, sui juris in propria persona

  15. I am also desirous of more information in re the UCC-1 Financing Statement.

    I have been told that if you employ this strategy and are not fully versed in its application the court will essentially hand you your head.

    I filed a UCC-1Financing Statement one month to the day before the foreclosure action was filed, and this in conjunction with a Commercial Security Agreement. I also filed, approximately 6 months later, an amendment to my UCC-1. Both the UCC-1 and amendment to such have duly recorded with the SOS.

    Other than talking to a guy who has a cousin that works with a guy whose sister in laws friend was able to use the UCC-1 strategy with success I’ve been unable to obtain any other information.

  16. Hi Nilson,

    Thank you for providing this comparison.

    M. Soliman’s posts sound cryptic for a reason. The complexity and level of fraud and what has been done to cover up is more tangled than the largest world record-holding rubber band ball put into an enlarging machine and multiplied by 1000. It sounds confusing because it is confusing. The fraudsters like it that way. Not much we can do to change that.

  17. expert.witness, on August 21, 2010 at 11:02 pm Said:

    Mortgage loans are marketable receivables and a sale – condition subsequent to funding. A mortgage backed securites registration requires the loan receivables to be purchased.

    The origination is evienced on a HUD I statement. The transfer marked by MERS is a condition precedent. (why sue them counsel?).

    Transfers conduted as a sale must be arms length. SFAS 140 affirms there cn be no conditional controlling efforts ovr the assets sold. Lendes created a magnificant and ae inspiring bankrupt insulate entity to house the adjoining collateral pledged as a condition of the sale.

    The sale to a “street” 401 D Blue Sky registration means nothing to the matter and the PSA is of no concern to this expert witness here, who DOES SO TESTIFY in Civil and District Courts for wongful foreclosures.

    The “Seller” parties foreclosing cannot be related …what so ever to the successor and assigns and servicing agent included. Redemption of stock for financial assets is a securities fraud. Your readers cannot seem to understand this….…maybe you can …. hmmmm….explain it!

    “Wheres The Fed”


  18. To Barry Nilson – thanks for the honorable mention

    To Dave Kreiger – going to have to buy your book to see the details for foreclosure defense. Have seen so many cases where judge tosses out. And, know of so many who are not in default – and are having great difficultly getting clear title. Think this is a huge problem going forward – thus, anxious to read your details..

  19. Angry and not taking it,

    Can you please email me at:

    I am sort of in the same boat and would like to learn from your situation.

    Thank you








  21. Jan van Eck,
    Mike Manu:

    FWIW- you should be aware before you are surprised by the BK judges option
    to abstain from hearing you case in BK court. That is a tough hurtle to get over.
    It did happen to me in the nrthn ca

  22. TW ,

    The video of the signing machine is interesting ,,, they have been around for a long time and as the video shows they have certain characteristics to their penmanship that an expert witness can attest to … they hold the writing instrument at an unchanging angle … they maintain a consistant , machine like pressure on the writing instrument and if multiple lines are written they are perfectly parallel.

    The machine in your video holds the pen loosely with many flexible bushings at the arm attachment points which will allow some variety in the signature .. computer software can vary the signature also.

    Older machines , before computers , used an engraved plate with the signature to be copied, a stylus ran in the grooves of the plate and transferred the motions to a pen.

    Your video looks very much like this “Autopen model 80” on eBay for $399 …

  23. to Mike Manu:

    You can certainly file a state court action while under the protections of the BK Court (without waiving sec 362(a) automatic stay protection), but the logic of that escapes me. You would have to be convinced that yo are going to get a better shake in the State Court than you will in the BK Court, and that is not certain. Within the BK Court, you can file an “adversary proceeding” and you can also file Objections to Proofs of Claim that in essence become the basis for a mini-suit against the entity claiming ownership of your Note.

    Remember that state court actions cost filing fees, while BK Court actions are free to the debtor.

    You might wish to consider state court actions to pursue claims that are not property-related, e.g damages from auto accident, and leave the other matters safely tucked in inside the BK Court. these are all tactical decisions that your attorney can advise you on (and also influenced by the tenor of the Courts towards your particular claims).

  24. Could someone please explain this in more detail below and how to do this?

    “Then file UCC-1 Financing Statement, with 3 follups according to the timeline allowed by UCC to “Perfect the Claim”. All of this is done with certified mail and notaries to everyone and everybody.”

    thank you

  25. Alex Sanchez (President of the Florida Bankers Association) stated in his remarks to the
    Florida Supreme Court that “original” mortgage notes were “destroyed.

    See here for pdf;

    Was this so they could be copied/cloned/counterfeited and sold in to multiple investment pools and insured with multiple sets of credit default swaps?

    *So if the “originals” were destroyed, what are they bringing to court as evidence?

    I understand that most of these so called “originals” looks fresh – like the ink & paper just came off the shelf at Office Depot. You know there are TWO ways to date ink right, the date it was created and the date it was applied to the paper.


  26. Some provisions from the Financial Reform Bill showing an uneven trade for a Consumer Protection Agency with little power over the Courts.
    “No Authority To Impose Usury Limit- No provision of this title shall be construed as conferring authority on the Bureau to establish a usury limit applicable to an extension of credit offered or made by a covered person to a consumer, unless explicitly authorized by law.”

  27. OK folks!

    First … humble pie. While I appreciate the referrals … and the book is less than 2 weeks from publication (so I am told) … quiet title has been around a long time. I previously used it and then fancied it as a “method to get at the madness”.

    True, I am (after having discussed this with my Dallas attorney, Wade Kricken, who I am working numerous cases with) 100% sure you will have to file a lis pendens in conjunction with the quiet title action. In one of our cases, the broker is still trying to sell the house. This week, we are going for a TRO; and we have also enjoined the broker and her real estate agency as defendants. Now we get to (A) go after her broker’s license from the Texas Real Estate Commission and (B) make her errors & omissions insurance carrier pay up for continuing to ignore the lis pendens. In this case, quiet title is PART OF the wrongful foreclosure action. The Justice of the Peace who denied the first UD is our star witness … the second JP who granted it is going to find his bond challenged because the Plaintiff (ours) was never served. The first JP spotted this right away. She also told the lender that the lender provided no proof of ownership, let alone proof of service. The second JP called the appraisal district to get his information. That makes him a finder of fact by my standards. Not cool.

    Mind you, this case also involves a penal code violation (37.101) and I am excited to see at least 7 people may go to prison when this is all over. We refer this to the local DA next week.

    Sometimes I have found your strategies have to vary, but the method is always reverting back to the simplicity of a quiet title action.

    MORE ON THAT (let’s pretend this is a dream you are having … and not a nightmare, okay kiddies? … so what you may or may not read hear is part of the dream.) This is a quasi in rem action. The property itself is a Defendant and you have to publish against it. All statutes must be state statutes you cite, if you even need to. All parties on your mortgage or Deed of Trust are also listed defendants. DO NOT LIST DAMAGES ($$$). They make great federal diversity arguments. Your remedy is quiet title.
    This gets it scrutinized by lenders who are “N.A.’s” that think their ca-ca doesn’t stink and that they are “federal” only; yet they foreclose using the county recorder’s office and state courts. Go figure. They will try to remove this if you list any federal questions; so don’t. Don’t argue with me on the property being a defendant either. In my QT, the properties were listed and it was successful and the claimant corporation was an off-shore entity! I say go with what works. Hopefully, your attorney will give you great legal advice. The battery of attorneys I work under do.

    For those of you who feel the need to communicate at … the name of the new book is CLOUDED TITLES … for obvious reasons.

    The book is 227 pp. It does quote a lot of Neil, April, Max, Mark Mausert and a host of other attorneys I have interviewed. Some of what you read may be “old school” to you now … but you need all of this to get to the QT section to make sure you understand my predications in sequence.

    I also put in a huge disclaimer (18 pages) for the benefit of these UPL committees. Apparently a lot of those folks still can’t differentiate between legal research and legal advice. I dispense the former, not the latter. I do feel the PSA may come in handy; to come to the defense of some, but only for the purposes of impeaching any documents the other side might bring up. Evidence for lack of evidence, so to speak.

    I wholeheartedly recommend an attorney on this NOT because you haven’t done the research (and more than likely you have) but because of JURISDICTIONAL issues and TREATMENT from the bench. A QT action is a bench trial. I’ve never seen a QT in front of a jury. Your damages result from the exposed frauds during the hearing. It is up to the judge to decide whether to award you anything. It operates much like a regular court case … you file … you serve … they answer … you file an amended petition, if necessary … you set hearing date … showdown. Whoever shows up and proves their claim wins. You sit back and impeach everything they throw at it (or don’t throw at it) … once quieted, it is quieted to the world. It can get complicated and you have to watch your arguments. The pleadings themselves are NOT VOLUMINOUS. Mostly exhibits. 3 pages of actual pleadings at most, 1 verification page. If it gets any more drawn out than that, even with quasi in rem going on, you probably need to reanalyze what you’re doing with it (this is not legal advice).

    As I understand it, in most QT actions, the Plaintiff bears the initial costs of suit and the claimants may or may not have to pay their own way, depending on whether they prevail.

    I’m not on here to sell the book. I share research. Most of what I have also learned is that the other side has several networks of law firms linked together. They link and share resources, much like this blog. There are foreclosure mills on here right now reading this stuff, in an attempt to find out what we know and what we are sharing. I am very careful about who I share with and what I share. You need to be too. That being said … in a QT action, quiet title may involve some UCC explanation, but it technically involves exhibits, what the other side DOESN’T HAVE.

    MERS is also a defendant and a key target in a QT (if “it” is listed on your mortgage/DOT. Duh.)
    A lot of you have already seen the probability of separating your note from the mortgage/DOT. There are certain frauds that can be alleged and you don’t write these pleadings the same way you do multiple-count suits. I am assisting on several QT cases now and they should be ready for filing at about the time the book launches. Don’t hold me to any deadlines. I still have 2 attorneys with the material, reviewing it for anything weird.

    I also surmise the NEVER LENT ANY MONEY theory in 2 paragraphs. However, the proof in a QT action is not yours to give, it’s theirs. You do have to make the allegations however with reasonable confidence. Exhibits make up the bulk of your case (or the lack thereof) … and there is also another weapon we are using which I am NOT going to publish on this blog. Get the book. The “weapon” will help you “maintain” your action. Those of you bloggers out there who I may have spoken with personally, please keep that under wraps. That’s the catnip for the kitty.

    Okay, dream’s over … you can wake up now.

  28. This article has clarified a lot for me.
    Thank you so much.

  29. BK is not an option for me ,, Dave Kriegers methodology looks ideal as it puts the burden of proof undeniably on the “lender” and their agents and it seems (to my understanding) to throw up a huge roadblock to any foreclosure action that might be contemplated by the “lender” (they certainly can’t claim there are no issues) .. I also like that I can lay the groundwork while my attorney (they kinda get it but I’m not thrilled with them) delays with the usual back and forth in renegotiating the terms of a loan mod (requesting a 60% principal reduction to put us at cmv).

    Am I right in reading in the “perfecting the UCC” (line item #4) that this is usable in non-judicial states only? Could this be used in binding arbitration?

  30. I understand you are talking about mortgage removal strategies, but what about principal reductions? I have found one of the main reasons that people do nothing with the above strategies and tactics is that they cannot wrap their minds around the basic concept that the banks are stealing their homes and the home owners are not the guilty parties. I have found the best way to a least start the conversation with people, i.e. people who think they did something wrong, is to approach them with the idea of principal reduction. This a least gets them talking, leaning and working towards some sort of plan to keep their home. As you most Americans do nothing, just because the fell guilty, and the banks know this. Want to learn more about principal reduction? Call Robert Ponte 860-599-5557

  31. If you under BK protection in federal court can you file an action in state court at the same time or does that waive your protections from a foreclosure sale/

    Could you use an administrative process under the UCC statutes to eventually get title while in BK?

    Or does not knowing the true note/DOT holder mean you wouldn’t know who to go after?

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