Don't Sue the Clerk of the reording Office Just Yet: Start with Organized Petitions and Phone Calls.

Aug 10, 2022

Multiple reports around the country have demonstrated that there is overwhelming evidence of corruption in the office that records instruments in the title chain of real property.

*

In a few rare interviews, the people who run such offices have complained that they are being forced to record documents that are actually outside of the chain of title. This is all caused by fabricated documents used to weaponize the procedures allowed for the pursuit of foreclosure remedies.

*

20 years after it all began, it is apparent that the only real correction is going to come from political action rather than legal action. You must make noise to get people to listein. As Victor Frankel said decades agao, evil only flourishes when good people do nothing.

People are always venting about their frustration, which is well-founded, with the recording offices that allow facially invalid documents to be recorded in the chain of title.

Once that is recorded, getting the document out of the chain of title is expensive and time-consuming, and even futile in the new era of false claims of securitization.

The new era is marked by false claims that loans were created and “securitized,” meaning that the claimed underlying obligation was purchased and sold. No such transactions ever take place in current securitization infrastructures and therefore all documents relying upon that premise are false and misleading.

Perhaps more importantly, the meaning of this false claim clearly manifests the truth that the transaction with homeowners did not create an unpaid loan account receivable nor anyone to own it.

Anyone who has a passing interest and understanding in securities analysis knows that the transaction was mostly for the revenue derived from the sale of unregistered, unregulated securities. Payments coerced from homeowners were and remain an unnecessary bonus.

So people are asking how they sue the Clerk of the county Recording Office to stop the recording of false documents.

You start off with the presumption that any agency of the federal, state or local government is cloaked with the presumption of immunity.

This does not cover individual acts of malfeasance, and which the individuals who are guilty of committing a crime can be punished for doing so. Such individuals are known to exist. They literally get paid through intermediaries for the securitization schemes. I personally know of multiple instances where that has occurred. But these individuals cannot respond to a civil judgment because they generally have no money. And they are not prosecuted criminally unless you can serve up, on a silver platter, the complete case against them and present it to the local prosecutor.

The next issue is whether the agency actually knew about the malfeasance and condoned it. We all know this is probably true. But in order to allege the proper elements of a lawsuit against the agency, you would need to state the ultimate facts upon which relief could be granted. The mistake frequently made by homeowners is alleging opinions that they are confident must be true. Such allegations are dismissed under our system. Secondly, even if you were able to make the proper allegations, you would then have to prove them. This would require a ground battle in disclosure.

So the bottom line is that unless you have a lot of money and a lot of time on your hands is pointless to pursue this avenue of relief in the current context and in the current judicial climate. As far as I know, the probability of finding a lawyer who would be willing to take such a case based on contingency fees is zero. And even if you found such a lawyer, the costs and expenses of the lawsuit and preparation for the lawsuit would exceed the probable resources of anyone trying to pursue the case.

The better route, at this point, in my opinion, is to use petitions, telephone calls, and a lot of noise directed at the recording office and the press.

Posted in Uncategorized |