It looks bad for the Florida Banker’s Association (FBA) effort to convert Florida into a non-judicial foreclosure state. Wrong time in the wrong place under the wrong circumstances. Attorney Weidner was seen on TV giving instructions to homeowners to have them lobby legislators who were not too keen on the idea anyway, but you can …
Judge Bashes Bank and Stern Law Firm in Foreclosure Case By AMIR EFRATI A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default. The ruling, made last month in Pasco County, …
Judge Bashes Bank in Foreclosure Case: "Criminal Probe in Florida." Read More »
Editor’s Note: Due process requires that nobody be deprived of life, liberty or property without a judicial determination on the merits of claims against them. Non-judicial procedure runs a thin line that has not actually been tested constitutionally. Assuming it is valid by virtue of the “freedom of contract” doctrine, it still cannot be used …
Rally in Tally: Homeowner Relief and Housing Recovery Act is a Sham and Shame Read More »
I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as …
Notarized MERS Assignment of DOT as Nominee: Forensic Analysis and Motion Practice Read More »
without raising taxes one cent, many states could recover much or all of their deficit and perhaps some states could be looking at a surplus. The money is sitting on Wall Street waiting to be claimed through existing tax laws, regulatory fees, and even damage claims much like the Tobacco litigation. Editor’s Note: Bob Herbert …
The Affidavit executed by Movant’s loan servicer makes no mention of the location of the original Note or who has possession of it. Movant proffered no business records or testimony tracing ownership of the Note and establishing Movant is the present holder of the Note. The Affidavit executed by Movant’s loan servicer makes no mention …
FLA BK COURT STOPS US BANK N.A. NO STANDING FEB 2010 Read More »
Editor’s Note: to most Judges and most lawyers the thought that a home could be foreclosed by the wrong party, or that there could be a declaration of default on a satisfied mortgage, and that these things could lead to sale of a home by a bank or other party that doesn’t own it to …
Financial Double Jeopardy and Illegality of Securitization Read More »
“Without your blog I would not have found the right lawyer in my state.” – Meghan in RI “Some of the most rewarding work of my career.” – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis, it has been our position since the …
Editor’s Note: The decision about flight or fight is deeply personal and there is no right answer. The decision you make ought not be criticized by anyone. For those with the fight knocked out of them the prospect of taking on the giant banks in court is both daunting and dispiriting. So if that is …
Editor’s Note: The problem is not just a Judge who received favorable treatment from the lender in a foreclosure action. It is the highly politicized environment of elected and even appointed judges who received, directly or indirectly some form of “generosity” from the financial services sector or whose perception is fundamentally flawed by the constant …
Florida Judge Forced to Recuse Himself as Conflicts of Interests Start to Emerge Read More »
See FLSC new RULES First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations …
FLORIDA MOVES TOWARD RESOLUTION OF SECURITIZED MORTGAGES Read More »
Florida Bankers Association, controlled by national and supersize regional banks are trying to convert Florida to a “non-judicial state.” DON’T LET IT HAPPEN!!!! Start writing letters and get others to write letters to the Republican controlled Florida legislature. This effort will not only deny homeowners essential rights it will vastly increase the pace of foreclosure …
FLORIDA BEWARE!! FBA non-judicial foreclosure initiative Read More »
Editor’s Note: You see they have no shame. If they can get money they are going after it only this time the ones going after deficiency judgments and collections are usually not even the original people who foreclosed. This is why you MUST fight it, file motions to set aside for fraud, petition for bankruptcy …
Deficiency Judgments on the Rise: NEXT BIG CRISIS Read More »
In virtually all cases you will not find a person with any relationship to the creditor, investor, or pool. This is because servicers, trustees and other firms in the securitization chain are proceeding on their own initiating foreclosures without instructions, knowledge or any documentation from the creditor, investor or pool. Editor’s Note: Greyhawk is of …
See AOSC09-54_Foreclosures. A good step in the right directions. I would add that you should be very careful that you don’t get trapped into the “lender narrative.” The Judges are going to very receptive and even enthusiastic about referring these cases to mediation, so don’t annoy them with motions, pleadings or hearings that attempt to …
Florida Orders All Homestead Property Foreclosures into Mediation Read More »
THANK YOU FLORIDA DEFENSE TEAM!!! TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file …
TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Read More »
Editor’s Note: READ this Tampa Tribune article ALL THE WAY through. It exposes the cracks you should exploit. The clerical staff of foreclosure mills, sometimes charged with the responsibility of fabricating documents, has no idea what they are doing. The paralegals don’t know anything about the loan, the securitization, or anything else. The junior lawyer …
WHY WE ARE PLANNING 2-3 DAY BOOT-CAMPS AND MANUALS FOR LAWYERS, BOOT-CAMPS FOR FORENSIC ANALYSTS, AND BOOT-CAMPS FOR LAYMEN. IT’S JUST NOT AS SIMPLE AS YOU MAY WANT IT TO BE. NOT EVERYTHING ENDS WELL. THE BATTLE IS ON. THIS JUDGE SAID THE ASSIGNMENT DOESN’T NEED TO BE RECORDED TO PROVE OWNERSHIP. HE’S TECHNICALLY RIGHT, …
“The note is often produced at some point in the litigation, but the real problem is, how did they get it? When did they get it? And did the transfer of ownership comport with federal and Florida law for the transfer of such negotiable instruments?” In cases that are dismissed based on these arguments, foreclosure …
Lawyer's foreclosure defense of 'quiet title' faces tests Read More »
Several comments have been posted in addition to other information about MERS which is bringing the entire MERS issue over the brink of the absurd. Who, what where is MERS? Write in with your MERS stories. Take note that we are dealing with at least four entities that I am now aware of —MERS, MERSCORP, …
And probably people “of the cloth” from all denominations. We are a nation of faith. Jesus angrily drove the money lenders out of the temple. How can we stand by and allow the borrowers to be driven out of their homes? The fact is most of these victims were hunted down like a foxhunt, with …
