Failure to Allege Lack of Default

Edstrom_MortgageSecuritization_POSTER_17_x_22_v4_1Failure to Allege Lack of Default

By Daniel Edstrom
DTC Systems, Inc.

One of the main reasons many cases do not make it to daylight is because of the failure to allege lack of default.  Despite many lawyers knowing that this is the case, and that there is no default, many still fail to make the allegation.  On what basis can a lawyer allege lack of default for a homeowner facing foreclosure?

The Note and Security Instrument

The note is not the obligation but evidence of the obligation (for proof of this, in many cases the security instrument refers to the note as the evidence of the obligation).  Lawyers usually describe the obligation arising when one party accepts money from another party.  The note usually describes who the parties are that are obligated in the section titled OBLIGATIONS OF PERSONS UNDER THIS NOTE.  This section of the note states:

If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed.  Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things.  Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this note, is also obligated to keep all of the promises made in this Note.  The Note Holder may enforce its rights under this Note against each person individually or against all of us together.  This means that any one of us may be required to pay all of the amounts owed under this Note.

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Control Fraud


Control Fraud

By: Jim Macklin
Secure Document Research

The term “control Fraud” was originally coined by Professor William Black, UMKC. A control fraud essentially starts as a core methodology for the exaction of some enterprise or movement, whether in commerce or at law. The instigators of a control fraud typically have their own self-interests as the motivation for participants to either ignore regulations or laws, or worse yet, to politically pressure or lobby for policy change that suits their agenda(s).

It mattered not that “liar loans”, defective underwriting processes, and securitization obviations were the norm during the run-up to 2008. The control fraud was in place to facilitate complete immunity from prosecution for the big money players at the top of Wall St. Every associated business that derived its income from the mortgage-backed bond sales was expected to follow the guidelines, as set by the fraudsters, or suffer the fate of not working. Everyone from bond insurers, hedge fund managers, realtors and property appraisers had to bend to the poisonous curve…or lose their competitive edge, and thus, their livelihood. When lying becomes the standard upon which your paycheck relies, you are a liar by proxy.

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Securitize This


Securitize This

By: Jim Macklin
Secure Document Research

In a recent article published, a staggering statistic was announced about the Gross Domestic Product (GDP) in the United States. Let me preface this by stating that twenty years ago, the financial services industry only contributed 16% of the GDP, while manufacturing, goods and services comprised the bulk of the GDP for the U.S. Meaning that goods were being manufactured, services were rendered and the economy is flourishing because of work product that actually produces something that is consumed, or services that are performed to promote the sale of goods. When money moves through the system, the system is healthy and grows. Conversely, when the system is stagnant and money stalls, the system tries to bury its head and consumers suffer all forms of malady.

Fast forward to today’s reality. The financial services industry now contributes 48% of our nations’ total GDP! Nearly half of what we are “worth” as a nation is derived from an intangible, non-product industry. Let’s examine the cause and effect of this crippling statistic. When Banks and lenders like Washington Mutual, World Savings, Countrywide and their ilk began using Wall St. profits from the sale of AAA rated mortgage-backed securities, then allegedly pooled them into REMIC Trust entities for reporting purposes, a dragon was released with an insatiable appetite for more, more, more.

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OUT OF HOUSE & HOME


OUT OF HOUSE & HOME

By Jim Macklin
Secure Document Research

Well, it has become official, Wall St. is now actively orchestrating the coup d’état. Major firms like Blackrock are setting up shop throughout major metropolitan areas of the U.S. with boots on the ground in an attempt to own and rent/lease properties back to the very souls from whom they stole in the last several years.

Pouring cash assets into the Net Lease Real Estate Investment Trusts seems like a sound business idea, except for one thing…the concept of owning real estate at this time for long term investment purposes does not align with the 20 year long term run-up of property values.

Remember this fact, the investment firms that are playing God with other people’s money don’t really care about the ROI for their investors, all they care about is selling positions or shares or certificates to the investment de jour. So if you invest $100 million in REIT’s but the long term projections for increased valuations of your portfolio have already reached the anticipated high, you are literally putting your money into a pool that pays you back for the use of the money, minus the fees in and out. Not to mention the fact that there is no possible way to project what a given administration’s policies will be in even 5 years. Tax treatments can, and often do, change.

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The 50 Yard Dash


The 50 Yard Dash

By Jim Macklin
Secure Document Research

Back in high school, we all had to run the short race that was a flat out sprint. More injuries occur in the shorter races than do in the races of duration for one simple reason…it places a higher impact on all muscles in the shortest amount of time, and with sometimes career ending results.

The recent run-up in housing prices, spurned by dog-fights at the auctions between private home buyers and investor money looking for another “bargain”, is a red herring. REO properties and direct sales in the short sale and traditional MLS (Multiple Listing Service) listings are now seeing one of the first signs of a healthier economy. Or so says the Real Estate industry. The numbers do not lie, however, there is a lot of activity to be sure, as compared to even one year ago, but this is a short race, so tape up and stretch.

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Underwater Properties

Underwater Properties

By Jim Macklin
Secure Document Research

Underwater Properties

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Strategic Debt Restructuring


Strategic Debt Restructuring

By: Jim Macklin
Secure Document Research

How many property owners in this country experienced the flush of “money for nothin’ and kicks for free” during the build-up to 2008? Champagne, boats, leisurely weekends at the lake all came part & parcel to those who were able and willing to leverage themselves at the urging of their local and national banks.

Obviously, those days were hazy and fast-paced for those caught up in the whirlwind of easy money provided by Wall St. and the MBS profits. I can still see the faces and attitudes of the mortgage brokers, loan officers and title company agents who were suddenly the darlings of the communities across the U.S.

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Staggering Statistical Anomaly


Staggering Statistical Anomaly

By Jim Macklin
Secure Document Research

There is a staggering statistical anomaly that must be brought to light in the wake of the foreclosure crisis that has crippled capital markets across the globe. While Wall St. had its profits see glorious heights never imagined before, mid-stream America saw trillions in equity slip through their fingers.
 
Hedge fund managers sought to “sell-forward” as much of the tainted paper as could be heaped onto unsuspecting investment groups. Teachers’ retirement funds, firefighters, state and county workers, you know, the hardest working people in the world, were made promises of “AAA” ratings, with derivatives as a hedge against the unlikely scenario of mass defaults. When the door swung shut, and the folks who were shoveling sh*t and calling it sugar  ran out of money and ran for cover…millions of homes were nearly instantaneously lost to the phantoms who were behind the entire scheme…Wall St. investment bankers.
 
Without any skin in the game, Wall St. has single-handedly run the biggest equity/land grab in the history of mankind…and nobody seems to mind. This leaves an inventory of empty homes strewn across this nation like an abandoned game of ball & jacks of massive proportions.
 
Here we go… in the United States today, there are over 18.5 million houses with nobody living in them. In the United States today, we have over 3.75 million homeless persons. The formulaic equation applied here is simple: every homeless person in the U.S. could occupy 6 homes each!
 
Think about the rationale being espoused to the general public through the media. The banks have taken over 1.7 trillion dollars in relief of one form or another as a result of their own careless actions. Meanwhile, millions of service veterans, single mothers, children, and innocent victims of “bad times” are filling the streets and shelters. But does anyone at the bank lift a finger to state the obvious? Of course not. The bank, instead, hordes the millions of vacant homes and simply waits for a large group of investors, or an even larger group of new, upcoming credit worthy younger Americans to pony up even more money for a home that has been prostituted out to anyone who temporarily qualifies as a “good risk”.
 
Does everyone see what I see? Is this not the easiest fix, making the most sense for all parties concerned? For those not yet putting this two piece puzzle together (CONGRESS), public placement of homeless, disparaged, displaced persons into a caretaker position, even if merely temporary, to insure maintenance and property care to the empty homes, and people who truly need the shelter get a place to call home…even if only temporary. One could assemble a master team of the most regionally qualified persons in need of temporary assistance (they’re not hard to locate, just go to the local shelters and ask for someone who might be interested in a home), set a rotational system of caretaking for the 6 homes that each homeless person could occupy and maintain while looking for more meaningful work, and a set of standards applied to the caretakers that matches what the banks are currently employing.
 
The average bank is spending nearly $12,000 per year in maintenance fees for these abandoned, empty houses. Do you think that the homeless, probably jobless, person would mind mowing a lawn once a week and possibly doing some light maintenance for $12 grand and a home? For those of you that are thinking “yeah, but what if they destroy the home, or turn it into a drug emporium?” What do you think is going on right now? 
 
So, Congress, state worker programs, Veterans Administration, Salvation Army, Wells Fargo, Bank of America… call me, I have a really cool plan that would be amazingly simple to implement. What would be the harm in trying…a benefit to someone who hasn’t paid your nominal fee for  playing the ball & jacks game you call mortgage banking? 
 
We’ll call it: “Homes for the Homeless”. Surely some political candidate could use this premise to further their self-preserving interests.
 
My next blog will address a method for re-valuing property to a true net present value and getting a fresh start. Pay attention if you own multiple properties, this could reduce your debt by hundreds of thousands of dollars, and is recognized throughout the court system without litigating or arguing (much). Strategic bankruptcy! They do work and thousands of people are saving millions of dollars through the “cram-down”.
 

Welcome to the Machine, Video Introduction

Welcome to the Machine, Video Introduction

By Daniel Edstrom
DTC Systems, Inc.

Economics 101 and Elizabeth Warren

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