CFPB Sues CFLA for Scamming Mortgagors, and…

CFPB v CFLA Complaint 20190906

As the above-linked complaint shows, the Consumer Financial Protection Bureau (CFPB) sued Certified Forensic Loan Auditors (CFLA) and its owner Andrew Lehman, and its so-called securitization auditor Michael Carrigan in federal court for violating the Consumer Financial Protection Act and its supporting regulation, Regulation O, by charging advance fees for foreclosure rescue services, and for selling worthless services like securitization audits.

It seems to the Maven of Mortgage Attack that the CFPB read the CFLA Scam Report of March 2019 and decided to act on it by trying to put CFLA out of the business of scamming troubled mortgagors. THANK YOU, CFPB!

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Another Freedom of Speech misunderstanding

https://legalinsurrection.com/2019/06/verdict-jury-awards-gibsons-bakery-11-million-against-oberlin-college/

Here’s a story showing a gross misunderstanding of the freedom of speech and a horrible college student body tort that the college administrators wrongfully endorsed. Employees of family-owned bakery local to Oberlin college caught three Negro Oberlin students trying to steal goods from the bakery store, and called the police. Antagonistic, race-baiting Oberlin and student activists engaged in public protests and boycott efforts that defamed the bakery as racists and dramatically reduced bakery income. College officials claim they only allowed students to exercise their right to freedom of speech, and had nothing to do with damaging the bakery’s business.

The bakers sued Oberlin college and won a ruling that Oberlin College committed libel and disrupted the bakery’s business, AND an award of $11 million in compensatory damages. A punitive damages trial might yield more money for the bakery’s owners.

While it remains possible that an appellate panel will overturn all or part of the trial court’s ruling and award, the college administrators could and should have put a stop to the damaging student protests. The US Constitution does not protect otherwise protected speech when the speakers intend to use it as an instrument of libel and business disruption. The right to free speech comes with commensurate responsibility, a fact that delusional, contemptible, vociferous demonstrators typically fail to consider.

Time for a terminology change – “INVADER,” not “illegal or undocumented alien or… immigrant”

I write to encourage all of you to change your terminology when you refer to “undocumented alien,” or “illegal immigrant”. From now on, use the term “INVADER” to refer to any non-US-Citizen without a visa or residence permit inside the United States or its territories.

INVADERS include the trickles or floods of Ibero-Americans, Caribbean Islanders, Africans, Mid-Easterners, and others entering the USA and its territories, particularly across land borders, afoot, or by a vehicle like car, truck, boat, or aircraft.

They are not mere undocumented aliens or illegal immigrants. They are INVADERS who INVADE or INVADED the USA and its territories by the process of INVASION.

You will see from the definitions below that to invade means to encroach, possibly under arms. An invasion is an unwanted or unlawful entry into your personal space, your home, your community, your land, your state, or your nation.

The US Constitution provides the following references to invasion:

Article I Section 8, Clause 15 – Powers of Congress

15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Article I Section 9, Clause 2 – Powers prohibited to Congress (and therefore to the Judicial and Executive branches)

2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Article I Section 10, Clause 3 – Powers prohibited to States

3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article IV Section 4 – US guarantees to States

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Many people, particularly Democrats, seem to think that people the world over have the natural, God-given right to settle wherever they wish, including inside the USA without permission of Government. AND, US law, pursuant to treaty, protects so-called refugees by allowing them to enter the USA to escape persecution in their homeland. Wikipedia provides this data:

The United States Refugee Act of 1980 (Public Law 96-212) amended the Immigration and Nationality Act of 1965 by defining a refugee as any person who is outside his or her country of residence or nationality, or without nationality, and is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

The annual admission of refugees is set to a 50,000 cap per fiscal year, but in an emergency situation, the President may change the number for a period of twelve months. The Attorney General is also granted power to admit additional refugees and grant asylum to current aliens, but all admissions must be reported to Congress and be limited to 5,000 people.

That means the government of the alien refugee’s home country persecutes the alien refugee or refuses to punish those who would persecute the alien refugee. It does NOT mean an alien has the right to become a refugee in order to better his economic or social or political status. Such putative refugees are in fact INVADERS.

The American mantra for INVADERS should be this: if you want to enter the USA to improve your economic or social condition, to get a well-paying job, to avoid hardship, etc., GO BACK TO YOUR HOMELAND and USE YOUR POLITICAL POWER TO IMPROVE IT.

The USA cannot absorb more than a trickle of refugees or lawful immigrants without subjecting the nation to forceful change of American culture into a distinctly alien culture. Americans should NEVER invite more immigrants than US culture can absorb without change. NEVER FAIL to understand this principle: REFUGEES ARE INVADERS. They are jumping to the head of the line of lawful immigrants, sidestepping normal statistical controls over immigration. They are tricking the system, and therefore bringing about unwanted changes to our American culture, for refugees almost never intend to become true Americans, learning literacy in English, and folding into American culture. In fact, they almost universally intend to warp American language and culture, not to mention government corruption, to match that of their homelands. We see clear examples of this in the Muslims who have become members of Congress and insist on wearing Muslim garb to press others with their cultural convictions. In due course, Muslims, particularly Muslim refugees will, given the opportunity, change governments of their communities, states, and the United States from limited constitutional republics into Islamic caliphates ruled by Shari’a law.

History shows that INVADERS, whether or not by force of arms and military conquest, do in fact accomplish the same result by gradual invasion as by sudden invasion, IF they invade in large enough numbers. Either way, American society cannot absorb the invaders without a change in culture and government. Invaders always bring the practices of graft, corruption, and lawlessness from their homelands into the USA, and they ALWAYS seek to make the USA like their homeland to gratify their feelings of nostalgia.

Universally, we must tell them: “STAY in your homeland and reform your government, your religion, and your culture so that they become more advanced and civilized. DO NOT bring your homeland backwardness, your homeland language, your homeland culture to the United States of America. We do not need or want the changes with which you intend to infect us, our culture, our language, and our governments.”

YES, I include Islam in the array of cultures Americans do not need or want. Why? Because Islam as both a religion and political force is brutal and corrupt – AND, its adherents seek to impose medieval social regulations upon people of the community through primitive and irrational “Shari’a law.” Shari’a is absolutely incompatible with the principals of a limited constitutional republic and with American culture. Wikipedia provides this:

Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus). Different legal schools—of which the most prominent are Hanafi, Maliki, Shafi’i, Hanbali and Jafari—developed methodologies for deriving sharia rulings from scriptural sources using a process known as ijtihad. Traditional jurisprudence (fiqh) distinguishes two principal branches of law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a wide range of topics. Its rulings are concerned with ethical standards as much as with legal norms, assigning actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited. Thus, some areas of sharia overlap with the Western notion of law while others correspond more broadly to living life in accordance with God’s will.

In the modern era, traditional laws in the Muslim world have been widely replaced by statutes inspired by European models. Judicial procedures and legal education were likewise brought in line with European practice.While the constitutions of most Muslim-majority states contain references to sharia, its classical rules were largely retained only in personal status (family) laws. Legislators who codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence. The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including hudud corporal punishments, such as stoning. In some cases, this resulted in traditionalist legal reform, while other countries witnessed juridical reinterpretation of sharia advocated by progressive reformers. Some Muslim-minority countries recognize the use of sharia-based family laws for their Muslim populations. Sharia also continues to influence other aspects of private and public life.

The role of sharia has become a contested topic around the world. Introduction of sharia-based laws sparked intercommunal violence in Nigeria and may have contributed to the breakup of Sudan. Some jurisdictions in North America have passed bans on use of sharia, framed as restrictions on religious or foreign laws. There are ongoing debates as to whether sharia is compatible with democracy, human rights, freedom of thought, women’s rights, LGBT rights, and banking.

In spite of the Constitution’s putative protections of the states against alien invasions, Democrats seem to LOVE having millions of alien invaders flooding into the country. Why? Because they know that all the children born to those alien invaders will presume US Citizen status and register to vote, AND virtually all of those invaders will vote for Democrat candidates. In other words, Democrats want the alien invasion in order to win elections and turn the US Government into a socialist/communist enterprise that robs from the responsible, productive people of the land in order to give subsistence to the relatively irresponsible and non-productive invaders.

Looking back at the provisions in the US Constitution regarding alien invasion, AND at the nature of the mostly non-militant invasion by border jumpers and so-called refugees, it becomes crystal clear that the governments of neither the Several States NOR the United States have fulfilled their constitutional duty to protect the territory of the US, the States, and American communities from culture-destroying, government-wrecking INVASION by ALIEN INVADERS from wretched third-world countries.

Part of the reason for this failure lies in the apparent heart-breaking plight of the invaders who just want a better life for themselves and their children than they had in their homelands.

WE should recognize the reality that the low intelligence and the citizen-incompetence of those invaders constitute the central reason that the invaders had miserable lives back in their home countries. If they had the ability to create an advanced civilization back home, they would have. Instead of ousting the criminals from government in a violent rebellion, they want to bring their mentality of civil incompetence and corruption here to the USA and foster here the same kind of criminal governments under which they suffered at home. For that reason, if no other, we must slam the door in their faces and deny them entry into the USA now and forever.

The United States, average IQ 98 with the UK as the 100 IQ standard, contains about 80 million people with IQ below 85, the minimum level required to graduate from High School. Their numbers increase daily with the influx of refugees from low-IQ lands. The average IQ of Mexico is only 88, of Haiti, Honduras, and Nicaragua is only 81, and of Guatemala is only 77. The brightest people of Ibero-America and the Caribbean islands stay there to run businesses and government. The dregs of society try to escape to the USA. We do not get their best and brightest as refugees.

Stupidity is a life-long genetic disease. Stupid children inherit their stupidity from their stupid parents. The USA does not need more stupid people. Stupid people gravitate to crime and welfare abuse to get by because they cannot compete for the better jobs and mates. Stupid people have very low value of productivity. They become a net drain on the infrastructures and productivity of the more intelligent, productive people of the land. Our near-socialist governments hand out billions of dollars annually in various forms of welfare, and spends a fortune on health care, criminal justice, prisons, and wasted education on the stupid. Instead of imposing a ban on the procreation of stupid children by stupid parents and a ban on the immigration of stupid people from corrupt 3rd world lands, the leftist liberal “bleeding hearts” of the US and state governments seem to invite burgeoning of the lowest possible class – the abjectly irresponsible and unproductive, all through legalized plunder of the responsible and productive people of the land. Such support for the stupid could come through charitable donations, but Democrats who foster welfare know that intelligent people will not hand out charitable gifts to those who waste it or do not really need it or act arrogantly like they have a God-given right to it.

You might not know it, but the US President has the power right now to slam the borders shut, and deny entry to all immigrants, including invaders like refugees. Congress delegated that authority to the President in 8 USC 1182(f) (https://www.law.cornell.edu/uscode/text/8/1182):

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Also read this analysis of the federal power over invading aliens:

https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-4/aliens

I know of only two ways to stimulate government into taking action to stop the present invasion dead in its tracks: CHANGE the way we talk about it and DEMAND that our President and Congress and Judiciary STOP it.

  1. To begin with, we must call the invaders what they are: INVADERS. We must STOP calling them by other terms. They are INVADERS, not immigrants, not illegal immigrants, not undocumented aliens, and not undocumented workers. They are INVADERS. We must use this terminology, INVADERS, in all emails we write, in all discussions with friends, family, associates, adversaries, and in all articles we write. We must take extreme offense at the use of any other terms in reference to the invaders and their invasion other than INVADE, INVADER, INVADERS, and INVASION, just as Negroes typically take offense at a white person for referring to them as niggers. We must insist that all participants in public dialogue referring to illegal/undocumented aliens/immigrants MUST refer to them “INVADERS.” We insist on the term INVADER as a term of alarm and shock, because invade, invader, and invasion are the ONLY acceptable terms for the aliens who enter or remain in US territory unlawfully, or for their unlawful entry or residence in US territory. By changing our terminology, we turn all public discourse on the topic into a politically persuasive tool to encourage action by government to stop the invasion for it makes them perceive the invaders as dangerous enemies to the US and State interests. Make no mistake in thinking about this. The invaders are a dire danger to the citizens of the USA.
  2. Second, we must demand of our governors, legislators, and the President a total halt to the invasion and an accelerated ejection of all invaders from the US and its territories forthwith.
  3. Third, we must deny US citizenship to anchor babies. We must demand a constitutional amendment to declare that no child born to invaders and other non-US-Citizens in the USA becomes a US Citizen by birth. The Constitution should mandate that all ALL such children become US Citizens ONLY through the naturalization process.
  4. Forth, we must aggressively inform the President of his power to terminate the invasion under 8 USC 1182(f), and demand that he use it, for it seems apparent from his public comments that he thinks he can block and eject invaders only through a declaration of national emergency. For reference, also see Trump v. Hawaii, https://en.wikipedia.org/wiki/Trump_v._Hawaii.

Definitions of invade:

From Babylon English
invade

in·vade || ɪn’veɪd
enter for conquest or plunder, occupy; penetrate; intrude; infringe, encroach

From Oxford (En)
invade

v.tr. (often absol.)
1 enter (a country etc.) under arms to control or subdue it.
2 swarm into.
3 (of a disease) attack (a body etc.).
4 encroach upon (a person’s rights, esp. privacy).
Derivatives:
invader n.
Etymology: L invadere invas- (as IN-(2), vadere go)

From WordNet
invade

invade
v 1: march aggressively into another’s territory by military
force for the purposes of conquest and occupation;
“Hitler invaded Poland on September 1, 1939” [syn:
{occupy}]
2: to intrude upon, infringe, encroach on, violate; “This new
colleague invades my territory”; “The neighbors intrude on
your privacy” [syn: {intrude on}, {obtrude upon},
{encroach
        upon}]
3: occupy in large numbers or live on a host; “the Kudzu plant
infests much of the South and is spreading to the North”
[syn: {overrun}, {infest}]
4: penetrate or assault, in a harmful or injurious way; “The
cancer had invaded her lungs”

From Merrian Webster 10th dictionary
invade

transitive verb
1 : to enter for conquest or plunder
2 : to encroach upon : INFRINGE
3 a : to spread over or into as if invading : PERMEATE <doubts invade his mind> b : to affect injuriously and progressively <gangrene invades healthy tissue>

From Webster’s Revised Unabridged Dictionary (1913)
Invade

Invade \In*vade”\, v. t. [imp. & p. p. {Invaded}; p. pr. &
vb.
   n. {Invading}.] [L. invadere, invasum; pref. in- in + vadere
   to go, akin to E. wade: cf. OF. invader, F. envahir. See
   {Wade}.]
1. To go into or upon; to pass within the confines of; to
enter; — used of forcible or rude ingress. [Obs.]
Which becomes a body, and doth then invade The state
of life, out of the grisly shade. –Spenser.
2. To enter with hostile intentions; to enter with a view to
conquest or plunder; to make an irruption into; to attack;
as, the Romans invaded Great Britain.
Such an enemy Is risen to invade us. –Milton.
3. To attack; to infringe; to encroach on; to violate; as,
the king invaded the rights of the people.
4. To grow or spread over; to affect injuriously and
progressively; as, gangrene invades healthy tissue.
Syn: To attack; assail; encroach upon. See {Attack}.
Invade \In*vade”\, v. i.
To make an invasion. –Brougham.

CFLA Scam Report – beware of purveyors of securitization audits

Scam Report:

Certified Forensic Loan Auditors, LLC.

Subject of this report:

Certified Forensic Loan Auditors, LLC (CFLA) 13101 West Washington Blvd. Suite 444 Los Angeles, CA 90066 310-579-7422 Andrew Lehman, CFLA President/Owner

Warning to Borrowers Facing Foreclosure: In my opinion, a securitization audit or chain of title audit will not help mortgagors who defaulted on their loan win a foreclosure battle in court and such audit services are therefore virtually worthless.  Numerous pundit and court opinions, cited below, support this warning.  You might agree with me after you finish reading this article and following its links to other text.

First, understand the concept of securitization and chain of title audits from this article of denunciation I wrote years ago:

https://livingliesthetruth.com/2015/06/04/how-a-securitization-audit-wastes-foreclosure-victim-money/ Furthermore, see how and why securitization trust beneficiaries can ratify violations of the securitization trust pooling and servicing agreement, and that the borrower has no standing to dispute or enforce such violations. Pay particular attention to the explanation by Storm Bradford in this article: http://mortgageattack.com/2014/07/27/securitization-audits-worthless-in-spite-of-glaski/

CFLA is a major purveyor of such audit services and conducts training courses to teach others to perform and sell the audits. CFLA aggressively promotes its loan audit, securitization audit, and chain of title audit services to home loan borrowers (mortgagors) who have defaulted on their loans and feel desperate to prevent foreclosure. CFLA gives such desperate borrowers false hope that the borrowers can use their audits and expert witness testimony to avert foreclosure, even though borrowers breached the terms of their loan contracts and really ought to lose their homes to foreclosure. A mortgagor in foreclosure who purchases a loan-related audit from CFLA or any other company has little to no chance of averting foreclosure because of information contained in the audit. The following statements by experts show why.

Florida Foreclosure Defense Attorney Matthew Weidner warned the public against securitization audits in his blog:

MORTGAGE LOAN SECURITIZATION AUDITS ARE A CRIME!
VIOLATIONS.””A person who violates any provision of this section commits an unfair and deceptive trade practice as defined in part II of this chapter. Violators are subject to the penalties and remedies provided in part II of this chapter, including a monetary penalty not to exceed $15,000 per violation.
Just this week I had another client in my office who almost lost their home because they had given thousands of dollars to a loan audit/securitization “expert” who told the to ignore the lawsuit that was filed against them. They did not respond to the lawsuit and the bank was prepared to set a sale. The judge did not have to let my new client defend the case, but the judge recognized that this old, immigrant family had indeed been the victim of a widespread and rampant fraud so the judge allowed them to defend their case and their home is safe…for now. Good call by the judge. Fair. Balanced. So now, I’m going to bust my hump to make sure this client fills out all their paperwork and gets the modification done. Here’s the thing….with their income, they could have had the modification done months ago….if only the scammer had not sold them up the river.
I get variations of the loan audit scam in my office nearly every single day. Hapless consumers are either directly approached by companies or they respond directly to any one of the hundreds of websites that have sprung up everywhere. Here’s the rap: The company or expert will audit their loan, show them how the bank committed fraud or their documents are bad or whatever and the homeowner can use that information to get a free house….for a small upfront fee of several thousand dollars…and maybe a small monthly fee if the mark can swing it.
ANY REPRESENTATIONS LIKE THIS ARE A VIOLATION OF STATE AND FEDERAL LAW!

The Federal Trade Commission (FTC) has warned mortgagors that forensic loan audits are a scam:

“there is no evidence that forensic loan audits will help you get a loan modification or any other foreclosure relief, even if they’re conducted by a licensed, legitimate and trained auditor, mortgage professional or lawyer.”

California’s Department of Real Estate warned borrowers against forensic loan audits.

This alert and warning is issued to call to your attention the often overblown and exaggerated “sales pitch(es)” regarding the supposed value of questionable Forensic Loan Audits. It is critical to note that a loan audit (audit report) has absolutely no value as a stand-alone document.
Whether they call themselves Forensic Loan Auditors, Certified Forensic Loan Auditors (there are no such certifications in the State of California), Mortgage Loan Auditors, Forensic Attorney-Backed Foreclosure Prevention Auditors, or some other official, important or lofty sounding title(s), there are thousands of individuals and companies that have popped up and appeared all over the State of California. Most of these individuals and companies are unlicensed, and some were previously engaged in illegal foreclosure rescue and loan modification scams.
The DRE has seen a wide variety of claims and sales pitches, where impressive sounding loan review services are offered with the goal of taking your money. Quite simply, the bad players market hope – and all too often, it is false hope.

A Georgia US District Court in Demilio v US Bank issued a scathing indictment of Demilio’s effort to subvert a foreclosure with a CFLA securitization audit.

Having reviewed the Complaint and all appropriate exhibits, the Court finds that Plaintiff has failed to set forth sufficient facts to show he is entitled to relief on any of his asserted claims. In fact, rather than alleging any material facts in his pleading, Plaintiff attempts to “lodge” “[t]he facts and statements made in the securitization audit attached herein.”13Frankly, the Court is astonished by Plaintiff’s audacity. Instead of providing the “short and plain statement” of facts required by the Federal Rules of Civil Procedure,14 Plaintiff requires the Court to scour a poorly‐copied, 45‐page “Certified Forensic Loan Audit” in an attempt to discern the basic facts of his case. This alone would be sufficient for dismissal.15 However, the Court is equally concerned by Plaintiff’s attempt to incorporate such an “audit,” which is more than likely the product of “charlatans who prey upon people in economically dire situation,” rather than a legitimate recitation of Plaintiff’s factual allegations.16As one bankruptcy judge bluntly explained, “[the Court] is quite confident there is no such thing as a ‘Certified Forensic Loan Audit’ or a ‘certified forensic auditor.’”17In fact, the Federal Trade Commission has issued a “Consumer Alert” regarding such “Forensic Loan Audits.”18 The Court will not, in good conscience, consider any facts recited by such a questionable authority.19
16 In re Norwood, 2010 WL 4642447, at *2.
17 Id.
18 Id. at *2 n.2; see (Mar. 2010), http://www.consumer.ftc.gov/articles/0130‐forensic‐loan‐audits. The State of California Department of Real Estate issued a similar alert entitled Fraud Warning Regarding Forensic Loan Audits (Feb. 2010), http://www.dre.ca.gov/Consumers/ConsumerAlerts.html.
19 See, e.g., Fidel, 2011 WL 2436134, at *1 (disregarding a “Securitization Audit and Forensic Audit” attached as exhibits to plaintiff’s complaint); accord Hewett v. Shapiro & Ingle, No. 1:11CV278, 2012 WL 1230740, at *4, n.4 (M.D.N.C. Apr. 12, 2012) (discussing various “audits” and noting that such documents “confirm the empty gimmickery of these types of claims.”).

State and federal courts across the land have denounced securitization and chain of title audits, and have uniformly ruled against the clients of CFLA or those who relied on “CFLA” audits to save their homes from foreclosure. The end of this report lists 27 court opinions which borrowers should read BEFORE deciding to spend money on a CFLA loan/securitization/chain-of-title audit. None of the judges in those case ruled in favor of the borrower. The Leadbeater v JP Morgan opinion provides this comment in footnote 9:

Judge Madeline Cox Arleo has previously cautioned that she has “concern over the dubious nature of such reports [prepared by Certified Forensic Loan Auditors, LLC.]Hicks v. The Bank of New York, et al., Civil Action No. 15-1620, Letter Order, D.E. 22 (Feb. 22, 2016). The FTC has recently warned consumers to be wary of “forensic mortgage loan audits.” Federal Trade Commission, Forensic Loan Audits, https://www.consumer.ftc.gov/articles/0130-forensic-loan-audits (last visited September 13, 2017) (“According to the Federal Trade Commission (FTC), the nation’s consumer protection agency, the latest foreclosure rescue scam to exploit financially strapped homeowners pitches forensic mortgage loan audits.”).
Blogger and mortgage pundit Martin Andelman wrote this about one of CFLA’s attorney-instructors:
Patricia Rodriguez, Attorney at Law –Patricia is another of CFLA’s instructors. She also has been very active representing homeowners. Going back to June of 2012,Westlaw shows her handling 20 cases, (and you can find a list of her cases at that link).
None were any sort of win for the homeowners… in one she was sanctioned by the court and the 19 others were dismissed, many with prejudice or without leave to amend… the three quiet title cases were all dismissed.She also filed a mass joinder lawsuit that was also dismissed.But it’sMcGough v. Wells Fargo Bank, 2012 WL 6019108 (U.S. DC N.D. Ca. 12/3/12), that deserves to be highlighted because in this case, Ms. Rodriguez ended up being sanctioned by the court for violating Rule 11 of the Federal Rules of Civil Procedure, and ordered to attend 20 hours of continuing legal education. Here’s what the court said about Ms. Rodriguez…
The Court is disheartened by counsel’s failure in this case, even in responding to the present motion, to recognize that she has erred. If she had approached her practice with a measure of common sense, Counsel might have reconsidered her position…
And on a very basic level, the Court wishes to remind counsel that if an ordinary person cannot understand what she is saying in her pleadings—a neighbor, friend, or family member—then it is very likely that the Court and opposing counsel will not be able to either. The kind of garbled pleading that counsel has three times submitted to this Court imposes a burden that all involved would like to avoid in the future.
Accordingly, the Court hereby orders counsel, Patricia Rodriguez, to attend a minimum of twenty (20) hours of MCLE-accredited legal education courses, apart from any compliance hours regularly required by the California Bar Association. These hours shall include a minimum of eight hours in complaint-drafting or other legal writing, eight hours addressing the substantive law of foreclosure, if indeed it is an area in which Ms. Rodriguez wishes to continue practicing, and two hours of legal ethics training.
And remember that Patricia is a CFLA Instructor, training lawyers and others around the country in how to represent homeowners in quiet title cases and how to use CFLA’s securitization audits in foreclosure defense.
Look, I understand that foreclosure defense has been incredibly difficult even for the most dedicated and experienced attorneys. So losing is not necessarily a bad thing all by itself. But the way CFLA markets the company’s instructors, experts and seminars as leading the industry is at least misleading.
Andelman wrote a monumental expose of CFLA at this web page, exhaustively detailing numerous reasons to doubt the validity of CFLA audit services and technical competence of its instructors.  See it here: https://mandelman.ml-implode.com/2014/10/homeowner-alert-mortgage-investors-fraud-recoverys-50-2-40-program-cflas-quiet-title-audits-and-experts/ Apparently,  CFLA owner Andrew Lehman threatened to sue Andelman for exposing CFLA. Andelman ended his article with this challenging rebuke:
And Andrew, don’t bother sending me another letter telling me how powerful you are, and how you’re going to sue me for whatever you think you can sue me for… I’ve got an idea of how big and powerful you are… and yet, I still wrote this… so that should clear up any questions you might have as to the nature of my response to such threats. On the other hand, if you want to present any facts that would show me that what you’re doing is actually doing some good, you’ll find me both open and a very reasonable person with whom to converse. I don’t need much, by the way.  How about a couple of cases where homeowners were awarded quiet title when they still owed on their mortgages?  Or, how about even one such case? How about any sort of favorable outcome based on the use of your products and services… or based on your experts testifying Anything, Andrew… can I see anything at all?
Mortgagors facing foreclosure might wonder why they cannot find more consumer complaints against CFLA at sites like RipoffReport.com. Upon visiting that site a search for CFLA under its full name will reveal multiple pages of advertising showing CFLA to be a model company, but no complaints at all. The reason: CFLA’s principal has apparently paid the principal of RipoffReport to remove all complaints against CFLA from the site and replace them with advertisements making CFLA seem honorable. It seems apparent to me that CFLA and its minions have earned so much money selling useless services to troubled mortgagors that  CFLA can afford to pay bribes or issue threats to get webmasters to remove complaints and to get angry customers to retract their complaints. The court opinions that follow prove foreclosure victims cannot rely upon CFLA securitization, chain-of-title, and loan audit services.  Why? Because the borrowers who tried to rely on them lost in court. Caveat emptor (let the buyer beware)…

Court Opinions Showing Borrowers LOSE by Relying on CFLA Audits

Google Scholar search for “Certified Forensic Loan Audit” and “Certified Forensic Loan Auditors” produced 27 results 2019-03-04

  1. DEMILIO v. CITIZENS HOME LOANS, INC. Dist. Court, MD Georgia, 2013

  2. Barrionuevo v. Chase Bank, NA 885 F. Supp. 2d 964- Dist. Court, ND California, 2012
  3. Blanchard v. FREMONT HOME LOAN TRUST 2005-D Dist. Court, WD Washington, 2017
  4. BARRIONUEVO v. CHASE BANK, NA Dist. Court, ND California, 2013
  5. JP Morgan Chase Bank, NA v. Galloway NM: Court of Appeals, 2018
  6. WAN v. PULTE MORTGAGE Dist. Court, D. Nevada, 2014
  7. MANTOVANI v. WELLS FARGO BANK, NA Dist. Court, D. New Jersey, 2018
  8. GILARMO v. US BANK NA AS TRUSTEE FOR CSAB MORTGAGE BACKED TRUST 2006-1 Court of Appeals, 3rd Circuit, 2016
  9. Sarkar v. WORLD SAVINGS FSB Dist. Court, ND California, 2014
  10. VIERA LOPEZ v. BAYVIEW LOAN SERVICING, LLC Dist. Court, SD New York, 2017
  11. IM v. BAYVIEW LOAN SERVICING LLC Dist. Court, SD New York, 2018
  12. Dumas v. JPMorgan Chase Bank, NA Cal: Court of Appeal, 3rd Appellate Dist., 2014
  13. McGough v. WELLS FARGO BANK, NA Dist. Court, ND California, 2012
  14. Hernandez v. RESIDENTIAL CREDIT SOLUTIONS, INC. Dist. Court, ND California, 2016
  15. English v. RYLAND MORTGAGE COMPANY Dist. Court, D. Maryland, 2016
  16. Cox v. NATIONSTAR MORTGAGE LLC Dist. Court, SD New York, 2016
  17. LEADBEATER v. JP MORGAN CHASE, NA Dist. Court, D. New Jersey, 2017
  18. Hylton v. JP Morgan Chase Bank, NA Dist. Court, SD New York, 2018
  19. Sanders v. SUTTON FUNDING, LLC Dist. Court, SD California, 2014
  20. Sylvester v. INTERBAY FUNDING LLC Dist. Court, SD New York, 2017
  21. Suggs v. M & T BANK 230 F. Supp. 3d 458- Dist. Court, ED Virginia, 2017
  22. Avila v. MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. Dist. Court, SD Texas, 2012
  23. Williams v. Ward Md: Court of Special Appeals, 2016
  24. Stephens v. BANK OF AMERICA HOME LOANS, INC. Dist. Court, North Carolina, 2017
  25. Baker v. CitiMORTGAGE, INC. Dist. Court, Minnesota, 2018
  26. GONSALVES-CARVALHAL v. AURORA BANK Dist. Court, ED New York, 2014
  27. Kennedy v. WORLD SAVINGS BANK, FSB Dist. Court, ND California, 2015

* * *

CFLA scam report, rev 2

Winston Shrout still not in prison, but soon, maybe

A The Jury convicted arch scammer and tax cheat Winston Shrout on 19 counts 21 months ago. Now, in early February 2019, Judge Robert E. Jones of the Portland Division for the Oregon US District Court still has not managed to get Winston Shrout imprisoned. According to the docket report, Shrout appealed his conviction to the 9th Circuit, and moved the court to allow him to remain out of prison on bond, pending the final outcome of the appeal. Judge Jones denied the motion and ordered Shrout to show up at the federal prison in early January 2019, but Shrout appealed that order to the 9th Circuit which ordered Judge Jones to explain why he denied the motion. Judge Jones explained that Shrout poses a danger of continuing to scam people, that the only reason for the appeal is to delay going to prison, that the appeal raises no new issue of law or fact, and that even if he succeeded in winning on some element of the appeal, he would end up in prison anyway.

Now we wait to discover whether the 9th Circuit will do the right thing and affirm Judge Jones’ ruling, sending Shrout to prison where he has belonged for the past 12 years.

I have attached some items from PACER. Notice the dreck from Winston Shrout in documents 9, 10, 13, 23, and 31. That cockamamie nonsense typifies the kind of content Shrout advised others to file in their court cases.

  • The docket report
  • The superseding indictment
  • Doc 185 – Judge Jones explanation of his denial of Shrout’s motion for release on bond
  • Several idiotic filings by Winston Shrout

Shrout_Doc_9_WS_apptmt_&_lien_&_invoice.pdf
Shrout_Doc_10_WS_liquidation.pdf
Shrout_Doc_13_WS_status.pdf
Shrout_Doc_23_WS_plea_bill_of_particulars,_invoice.pdf
Shrout_Doc_31_WS_mtn_dismiss_for_treaty_viol.pdf
Shrout_Doc_185_Reasons_for_Denying_release_on_Bond.pdf
Shrout_superseding_indictment.pdf
Shrout_docket.pdf

Does the Koran claim Jesus was a Son of God?

According to the Koran (Qur’an), Muhammad went to great lengths denying that Jesus was a son of God AND asserting that a Trinity or other deity multiplicity does not exist and that there is only one supreme deity, Allah (God).

  • And yet some people assert, “God has taken unto Himself a son!” Limitless is He in His glory! [96] Nay, but His is all that is in the heavens and on earth; all things devoutly obey His will. – 2:116 (Asad)
  • O FOLLOWERS of the Gospel! Do not overstep the bounds [of truth] in your religious beliefs, [180] and do not say of God anything but the truth. The Christ Jesus, son of Mary, was but God’s Apostle – [the
    fulfilment of] His promise which He had conveyed unto Mary – and a soul created by Him.[181] Believe, then, in God and His apostles, and do not say, “[God is] a trinity”. Desist [from this assertion] for your own good. God is but One God; utterly remote is He, in His glory, from having a son: unto Him belongs all that is in the heavens and all that is on earth; and none is as worthy of trust as God. – 4:171 (Asad)
  • the Originator of the heavens and the earth! How could it be that He should have a child without there ever having been a mate for Him – since it is He who has created everything, and He alone knows everything? – 6:101 (Asad)
  • AND THE JEWS say, “Ezra is God’s son,” while the Christians say, “The Christ is God’s son.” Such are the sayings which they utter with their mouths, following in spirit assertions made in earlier times by people who denied the truth! [44] [They
    deserve the imprecation:] “May God destroy them!” [45] How perverted are their minds! [46] – 9:30 (Asad)
  • [And yet] they assert, “God has taken unto Himself a son!” Limitless is He in His glory! [89] Self-sufficient is He: unto Him belongs all that is in the heavens and all that is on earth! No evidence whatever have you for this [assertion]! Would you ascribe unto God something which you cannot know? – 10:68 (Asad)
  • and say: “All praise is due to God, who begets no offspring, [133] and has no partner in His dominion, and has no weakness, and therefore no need of any aid” [134] -and [thus] extol His limitless greatness. – 17:111 (Asad)
  • Furthermore, [this divine
    writ is meant] to warn all those who assert, “God has taken unto Himself a son.” – 18:4 (Asad)
  • It is not conceivable that God should have taken unto Himself a son: limitless is He in His glory! [26] When He wills a thing to be, He but says unto it “Be” -and it is! – 19:35 (Asad)
  • As it is, [75] some assert, “The Most Gracious has taken unto Himself a son„! [76] – 19:88 (Asad)
  • Indeed, [by this assertion] you have brought forth something monstrous, – 19:89 (Asad)
  • whereat the heavens might well-nigh be rent into fragments, and the earth be split asunder, and the mountains fall down in ruins! – 19:90 (Asad)
  • That men. should ascribe a son to the Most Gracious, – 19:91 (Asad)
  • although it is inconceivable that the Most Gracious should take unto Himself a son! [77] – 19:92 (Asad)
  • And [yet,] some say, “The Most Gracious has taken unto Himself a son”! Limitless is He in His glory! [33] Nay, [those whom they regard as God’s “offspring” are but His] honoured servants: [34] – 21:26 (Asad)
  • Never did God take unto Himself any offspring, [52] nor has there ever been any deity side by side with Him: [for,
    had there been any,] lo! each deity would surely have stood apart [from the others] in whatever it had created, [53] and they would surely have [tried to] overcome one another! Limitless in His glory is God, [far] above anything that men may devise by way of definition, [54] – 23:91 (Asad)
  • He to whom the dominion over the heavens and the earth belongs, and who begets no offspring, [2] and has no partner in His dominion: for it is He who creates every thing and determines its nature in accordance with [His own] design. [3] – 25:2 (Asad)“God has begotten [a son]”; and, verily, they are lying [too, when they say], – 37:152 (Asad)
  • Had God willed to take Unto Himself a son, He could have chosen anyone that He wanted out of whatever He has created – [but] limitless is He in His glory! [4] He is the One God, the One who holds absolute sway over all that exists! – 39:4 (Asad)
  • Say [O Prophet]: “If the Most Gracious [truly] had a son, I would be the first to worship him!” – 43:81 (Asad)
  • Utterly remote, in His glory, is the Sustainer of the heavens and the earth – the Sustainer, in almigh­tiness enthroned [58] from all that they may attribute to Him by way of definition! [59] – 43:82 (Asad)
  • for [we know] that sublimely exalted is our Sustainer’s majesty: no consort has He ever taken unto Himself, nor a son! – 72:3 (Asad)

However, he did confess that God created Jesus as a spirit from himself:

  • [4:171] O People of the Scripture! Do not exaggerate in your religion, and do not say about God except the truth. The Messiah, Jesus, the son of Mary, is the Messenger of God, and His Word that He conveyed to Mary, and a Spirit from Him. So believe in God and His messengers, and do not say, “Three.” Refrain—it is better for you. God is only one God. Glory be to Him—that He should have a son. To Him belongs everything in the heavens and the earth, and God is a sufficient Protector.”

Clearly, Muhammad admitted that Jesus was God’s (presumably the UNIVERSAL Father’s) SPIRIT OFFSPRING.

We should interpret that as Muhammad asserting that, while God bore no physical offspring (that he knew of), God did produce Jesus’ person (or personality) as God’s SPIRITUAL offspring, albeit Mary actually bore the physical body of Jesus in her womb.

Muhammad also confessed that Jesus performed miracles with the support of the Holy Spirit. He did not explain the nature, origin, or presence of the Holy Spirit – obviously, he did not consider the Holy Spirit a deity co-ordinate of God (the Universal Father), but what else could she be?

  • [2:87] We gave Moses the Scripture, and sent a succession of messengers after him. And We gave Jesus son of Mary the clear proofs, and We supported him with the Holy Spirit. Is it that whenever a messenger comes to you with anything your souls do not desire, you grew arrogant, calling some impostors, and killing others?
  • [2:253] These messengers: We gave some advantage over others. To some of them God spoke directly, and some He raised in rank. We gave Jesus son of Mary the clear miracles, and We strengthened him with the Holy Spirit. Had God willed, those who succeeded them would not have fought one another, after the clear signs had come to them; but they disputed; some of them believed, and some of them disbelieved. Had God willed, they would not have fought one another; but God does whatever He desires.
  • [5:110] When God will say, “O Jesus son of Mary, recall My favor upon you and upon your mother, how I supported you with the Holy Spirit. You spoke to the people from the crib, and in maturity. How I taught you the Scripture and wisdom, and the Torah and the Gospel. And recall that you molded from clay the shape of a bird, by My leave, and then you breathed into it, and it became a bird, by My leave. And you healed the blind and the leprous, by My leave; and you revived the dead, by My leave. And recall that I restrained the Children of Israel from you when you brought them the clear miracles. But those who disbelieved among them said, `This is nothing but obvious sorcery.'”

Lomachenko vs Pedraza, Dec 2018 – WOW!

Vasyl Lomachenko vs Jose Pedraza

Vasyl Lomachenko is THE most exciting boxer of this century, so far, and maybe the best of all time. In four of his last six fights, his opponents have simply given up and failed to answer the bell part way through the fight. His only loss in 14 professional fights, the referee and judges were obviously prejudiced in favor of Orlando Salido who fouled incessantly throughout the bout.

In his December 2018 contest against Pedraza (top link above), Lomachenko scored two knockdowns late in the fight, then won a decision to become the unified WBA and WBO lightweight champion of the world.

See these highlights of past fights.