Real Estate CAVEATS

    One of the first things someone will ask is, Why Do I Need a COTA? What is the necessity? Well, hopefully you won't need one. Few realize the caveats and ramifications of buying or selling Real Estate in today's perilous market. Here is a brief education to help you unravel the cover of darkness that shrouds the mystery, wrapped in an enigma, sold on Wall Street, turned sour, and bailed out by you - the taxpayer, courtesy of people electing lawyers to seats of public trust.

    After the 2008 Mortgage led Financial Meltdown, Banks refused to negotiate, lied about losing modification applications, foreclosed without identifying the note owner, falsified foreclosure documents, failed to record essential foreclosure documents, recorded false documents, hired robo-signing companies to paper over their mistakes, lied to their own lawyers, etc. This is undisputed, as every major Bank has acknowledged these fraudulent acts and further admitted to engaging in unsafe and unsound banking practices. The backlog of foreclosures in the judicial system is but a snapshot of the rogue wave now moving through the Banking, Insurance, and Title Companies.

    Fraudulent actions perpetrated upon most of the general public, unknown to them when they were signing their loan documents at closing, may have involved non disclosures on multiple levels which vitiates the contract making it invalid. As a result of the shenanigans going on behind the curtain of Big Banks, law firms and courts are reeling, and may be for decades, in lawsuits pouring in regarding violations under TILA, RESPA, HOEPA, UCC, FDCPA, FCRA. As well as Quiet Title Actions, due to predatory mortgage lending, outright fraud, fiduciary and liability issues, breach of contract, negligence, deceptive practices, and even fraud on the court. When Washington DC was warned about Bernie Madoff, they seem to be complicit in this Bankster scheme as well. Else they would not have cow towed to the Banksters in the repeal of Glass-Stegall Act. All this to securitize your debt making money off your loan up to 10 times over. One major problem is that in securitizing they split the note and mortgage. A violation of the sanctity of such as they cannot be separated. Furthermore, these banks say the documents have been lost or destroyed, wherefore they cannot prove they have it and therefore cannot be "Holders in Due Course".

    What most every homeowner, or investor, is unaware of is that when they signed their loan documents an entity claiming to be a "nominee" or "beneficiary" of the lender may have been inserted therein. This shell company created by the banking industry, known as MERS (Mortgage Electronic Recording System, Inc.), has been described as a giant "black hole" affecting 10's of millions of loans, existing ONLY to circumvent recording legal docs such as assignments at the County Records Dept. Reviewing the County Records Dept. is how you determine if there are any liens on a property you wish to purchase. As Big Banks seem to only want to foreclose on a property, it would stand to reason that MERS database obfuscation is a criminal effort to legally steal property from innocent and naive Americans.

    Doesn't a title warranty protect us? Title Companies may be next in the dominoe line to tumble as they keep "insuring" against "defects". But alas, READ your Title Warranty carefully for the wording "only as to what is recorded". So how valuable, or worthless, is a "Title Warranty"?

    Investors - Don't fall for the Short Sale! Unless you check out debt obligations, liens, and obtain a "Chain of Title Assessment" or COTA. Certain documents may exist in the record nowadays that should not be there and/or could be a Red Flag. MERS may be involved and not mentioned in the legal documents. What to look for? A foreclosure may not have been properly prosecuted, or may be in the works, improper and fraudulent robosigned docs recorded, fouled up records, causing multiple party lawsuits to straighten it all out. Many items can cause severe profit loss for an investor.

    For the Home Buyer, beware "Short Sale". The previous homeowner is usually taken to court for a "deficiency judgment" as they failed to get a "waiver of deficiency" from the lender prior to the short sale. The banks then will sell the judgment to a collection agency. There goes you good name and credit.

    Considering an REO? As in Real Estate owned by a Bank. If you buy an REO or Short Sale, you may find yourself in court as you might not "legally own" the property and may not have clear title. Also, Watch out for "Non Warranty / Indemnification" from Banks. This places burden of proof upon the Buyer. If you have bought your home since 2004, perhaps you need to verify the chain of your title in the County Recorders Office before you find yourself involved in a lawsuit. You may find a Quiet Title Action is warranted to remove a cloud on your title, else you will not be able to sell your property.

    Are you facing, or think you will face foreclosure? Four out of ten lenders are missing paperwork upon making a foreclosure claim in court. Most cannot show they have "good standing" to bring the action. Some even stoop so low as to have documents created to try and prove their standing - and are getting caught. It has also been held that MERS has no right to foreclose, for it is neither a "holder in due course" nor a "party to the transaction".

    It has been estimated that as many as 70 Million mortgages and deeds of trust have fatally flawed titles due to securitized loans, MERS involvement, fruadulent documents or no assignments recorded, or improperly documented. Some document manufacturing companies such as LPS, DOCX, and even law-firms such as Marchall C. Watson out of Ft. Lauderdale have been investigated and shut down due to their fraudulent actions. The Justice Dept. has sued JPMorgan Chase and won BILLIONs and the Banksters just thumb their nose at the US of A. Do you bank with a Big Bank? Do you own shares of the corporate criminals? Why did the US Government allow and sanction this behavior? Perhaps you should ask them to support the Bill to reinstate the Glass-Stegall Act. Why do you suppose the Bankster lobbied to have repealed in the first place? In addition, any publicly elected County Records Dept. head who fails to understand the problems associated with MERS database system, needs to be fired, and replaced with one who does.

    Caveat - a competent attorney should be sought out to help in this complex quagmire. But good luck with that endeavor! You must do your "due diligence" here. A COTA is usually performed for an Attorney on behalf of their client in order to help prepare a case, zeroing in on the particular issue clouding the title for example.

    Final Note: Horror stories abound regarding the Luciferian Bankster Babylonian Ponzi Money Scam, and their Mortgage Fraud. I must impress upon you that it is your duty and responsiblity to keep your origination, closing, loan docs, billing statements, letters of communications, payments, anything and everything having to do with your banking, mortgage, loans, etc. in your control and possession as you are your own "Document Custodian". This way you should have any and all proof needed should a bankster commit fraud, or due to a sloppy or fraudulent servicer, things go wrong! Now how do you spot this so called Bankster and/or Servicer fraud? Review the following downloadable Reports.

• View COMMON RED FLAGS TO MORTGAGE FRAUD a Fannie Mae Report.


• BASICS OF MORTGAGE FRAUD, ACFE (Assoc. of Cert. Fraud Examiners) and Life Cycle Mortgage Process.


• MORTGAGE FRAUD - Dept. of Justice.

    You should also be aware of, and know about;

Fair and Accurate Credit Transactions Act (FACTA) - was signed into federal law in December 2003, and the majority of the requirements became effective in December 2004. Banks, thrifts, mortgage lenders, credit unions, U.S. branches and agencies of foreign banks, U.S. commercial lending companies of foreign banks, and certain creditors which is defined as “any person or business who arranges for the extension, renewal, or continuation of credit” must comply with FACTA.

Secure and Fair Enforcement Act (SAFE Act) - Loan originators must be licensed and registered as required by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act) or other applicable state or federal law. Loan originators who are not required to be licensed must be trained on the state and federal requirements that apply to their loan origination activities. The Loan Originator Rule (LOR) under Regulation Z changed background and character checks to be more consistent for different types of loan originators.

    If you believe you are a victim of fraud, or the Banks are in violation of Truth in Lending Act (TILA), then you need it fully documented and I suggest you contact CFLA. Visit their website for more info. Certified Forensic Loan Auditors

Else, continue next to our Order a COTA page....