DALE WILEY: NICE WIN IN KANSAS CITY

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EDITOR’S NOTE: Just remember that while the Judge is thinking “landlord Tenant” you need to remind him or her that this is Foreclosure and that the only allegation that can be made to sustain the eviction or unlawful detainer action is that title changed — because otherwise your client would still have every right to remain in that house. It is NOT a case where there was a rental agreement and the tenant didn’t pay the rent. It is a case where there is a genuine dispute over whether the evicting party was ever the creditor and whether the Principal due was the amount claimed or was wiped out or reduced by third party claims (regardless of who the creditor is).

If they have alleged the title change then you have an absolute right to file an answer denying the claim, adding affirmative defenses and counterclaims if permitted. If there is something wrong with the title — i.e., that it didn’t change because the of one of many reasons you discovered in a COMBO title and securitization report or Forensic analysis, then you win, they lose — if the Judge is paying attention.

In most cases the pleading is sloppy by the Banks, so you can take apart their allegations in numerous ways. But you can’t do anything if you admit the default, which you don’t even know is true unless you get a loan level accounting of every penny that came in and went out with respect to the creditor who is now engraved in stone as the Plaintiff in the eviction (forcible detainer) action.

And look carefully at the wording of how they style the case and how they describe the Plaintiff. It might be and often is a fictitious entity even though it looks right at first glance. Even Wells Fargo or Bank of America could be a fictitious entity if they are appearing not as the Bank itself but as trustee or agent for an unspecified trust without any trust or agency document.

Think of it this way: if you sued the Bank as itself and not in its representative capacity, what would they say? They’d say we have nothing to do with this except as trustee/agent for series xyz certificates. And remember you can’t be agent for certificates and certificates can’t be trustors of a trust — only real people or legal persons can be trustors or beneficiaries and only real people or legal entities can perform a legal act like file for eviction.

The good thing about eviction actions is that some party must come forward and assert they are the new owner by virtue of a credit bid they made at auction. That means they are saying they were the creditor. Subpoena the auctioneer and ask him/her whether he has any personal knowledge as to whether the bidder was a creditor. The answer will be no. Subpoena the representative of the Bank and ask the same question. Nobody will be able to give an affirmative answer if you start asking questions about how they arrived at the principal due, who the note or obligation was paid to, and why the foreclosing bank chose to initiate foreclosure in its own name when others were to get the proceeds — which by definition means the Bank could not submit a credit bid.

The devil is in the details. Once it gets to eviction (forcible or unlawful detainer) they have no where to hide. At that point they have committed themselves as to who is the creditor. If you show they were not the creditor then the Judge must consider the fact that the auction was conducted under false pretenses and that title, while recorded, was not legally changed. In that event, they are not entitled to possession.

Big Win In Kansas City

To date, although we have had a few clients in the Jackson County area, most of our cases have been in southwest Missouri, around Springfield, or in the St. Louis/St. Charles area. However, we have recently started to get a number of cases in Kansas City and the surrounding area. And now we have a great win to report.We were hired to represent a man and his family. They had already been foreclosed, and one week prior, he was trying to buy additional time before the Unlawful Detainer hearing. We spoke and created a strategy, and one week after being hired, we put the strategy into play.

Unlawful Detainer cases in Missouri are very hard to win for the Defendants. The law is old and unwieldy, and not at all suited to modern law, especially when considering all the clouded title issues that surround modern foreclosure law. We have been successful in the past by showing problems with the ownership on the deed (such as the cases where Fannie Mae has lied about its ownership of properties, still our easiest route), and by succesfully defending the Summary Judgment motions. When the big banks can’t win on Summary Judgment, they are in trouble, because they can’t fill in the blanks.

And that’s what happened here. We were able to show how little they could show. They didn’t have the goods. And we had a judge with the backbone to stand up to this.

We have had some really great cases recently, using correct Missouri law and their own procedures against them. If you have a case you would like to discuss with us, please call us toll free at 877-945-3952 or send us a message on this site.

Posted by Dale Wiley at 11:49 PM

17 Responses

  1. I am trying to fight our foreclosure, they have been threatening to file an unlawful detainer. Do I wait till they file this and show up for court and make them show they are the actual creditor?

  2. Occasionally, some good news. I like what those guys are doing. It’s going to take time, though…

    http://www.americablog.com/2011/11/inside-schneiderman-and-biden.html

  3. sorry, I said that wrong—– the least capable of producing are the 1%, but they control the money supply.

  4. producers are middle class, the 99%.
    ———————————-

    A system of government where the least capable to lead are elected by the least capable of producing,

    The least capable of producing are the 99%, but they are capable of money scheme’s as they control the money supply, these are the international bankers and their counterparts wall street crooks.

  5. Quotable: Ineptocracy – A system of government where the least capable to lead are elected by the least capable of producing, and where the members of
    society least likely to sustain themselves or succeed are rewarded with goods and services paid for by the confiscated wealth of a diminishing number of
    producers……………………………

  6. Quotable: Ineptocracy – A system of government where the least capable to lead are elected by the least capable of producing, and where the members of
    society least likely to sustain themselves or succeed are rewarded with goods and services paid for by the confiscated wealth of a diminishing number of
    producers……………………………

    https://www.mcssl.com/content/166063/CC/102611_CC_final.pdf

  7. Replace State with Wall Street and International Banks, since they own Congress

  8. file:///G:/Documents%20and%20Settings/Peter/My%20Documents/Downloads/nps32-101008-01.pdf

  9. “The fact that we are here today to debate raising America ‘s debt limit is a sign of leadership failure. It is a sign that the US Government cannot pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies. Increasing America ‘s debt weakens us domestically and internationally. Leadership means that, “the buck stops here.’ Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better.”
    ~ Senator Barack H. Obama, March 2006!

  10. “In other words, System D looks a lot like the future of the global economy. All over the world — from San Francisco to São Paulo, from New York City to Lagos — people engaged in street selling and other forms of unlicensed trade told me that they could never have established their businesses in the legal economy. “I’m totally off the grid,” one unlicensed jewelry designer told me. “It was never an option to do it any other way. It never even crossed my mind. It was financially absolutely impossible.”

    ———————

    Life will find a way regardless of our paid political hacks in congress.

    ========================================

    http://www.foreignpolicy.com/articles/2011/10/28/black_market_global_economy?page=full

  11. Fannie/Freddie Loans ARE SECURITIZED they are the LEADER of SECURITIZATION and created TITLE EXCHANGE 1997, means of making more money for private benefactors.. Freddie Mac handles Shelf Company Collateral, Fannie Mae handles Correspondent Lenders – Servicers biggest benefactors: ‘ClearingHouse’ . Do not admit you owe default in SUMMONS. You don’t know who is before the court. You don’t know what the default they claim constitutes? The default can be from any debt collector who has access to data that you missed a payment. In good faith proceed in court and seek experts who protect consumers are will not benefit from the taking possession of title to property through deceptive acts. The court does not protect you. The court is merchantile in assuming the plaintiff files accurate business statements and documents with public office. If they have filed documents with intent to take possession of property you’ll reveal through due dilligence, evidence, and services of experts who know what they did and are doing to you.

  12. Thanks david, on November 6, 2011 at 6:28 pm said:
    Haven’t read much about anyone who has a lawsuit against Freddie or Fannie, but I do. I had the same experience with being stopped dead in my tracks after discovering one of these GSE’s claims to own my loan. I pursued it a bit and got an email from their legal department identifying my loan with Fannie’s own loan number, not the loan number of the bank I had been paying. None of defendants will admit that loan was securitized when it was originated in 2005, has a MERS Min number, and the fact that Fannie securitizes rather than holds loans.
    This should be interesting as I begin discovery. I don’t know if they will stonewall the interrogatories and request for documents, or cough up the data.
    _______________________________________________________
    As Neil states you can’t do anything if you admit the default, which you don’t even know is true unless you get a loan level accounting of every penny that came in and went out with respect to the creditor who is now engraved in stone as the Plaintiff in the eviction (forcible detainer) action.

    Neil – Where or can a consumer see examples to understand more?

  13. Bad news on the apparent win in NH:

    I added to my journal entry:

    http://mortgagemovies.blogspot.com/2011/11/kingcast-and-mortgage-movies-look.html

    Sunday 8:50p update:

    The following paragraph is apparently a lie. After we all left Ms. Miller went back inside to fill out the W9 form or whatever and was told that her Motion for Clarification reopened the case and that she would not then get the money tendered back to her. But that sounds shady because all she asked for was clarification to make certain that the withdrawals were with prejudice. So if she was “reopening the case” that doesn’t make any sense because all the clerk had to do was tell her “no need we will issue a notation that the withdrawals were with prejudice” or words to that effect.

    The Clerk then told her that they were going to go ahead and foreclose on her anyway, which would make the whole thing appear to be nothing more than an attempt to keep KingCast and Mortgage Movies cameras away from the Action. For more information read the Unmasking of Maine journal.
    http://unmasker4maine.wordpress.com/2011/11/04/more-deliberate-procedural-errors-by-judge-marguerite-wageling-nh/

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