THE MOST OPPRESSIVE LAW I HAVE EVER SEEN TO REMEDY A PROBLEM DIRECTED AT THE VICTIMS RATHER THAN THE PERPETRATORS — NEIL F GARFIELD, LIVINGLIES.ME
FROM DANIELLE KELLEY OF GARFIELD, GWALTNEY, KELLEY AND WHITE IN TALLAHASSEE:
SEE http://www.facebook.com/DanielleKelleyAttorneyAtLaw
HOUSE BILL 87 AND SENATE BILL 1666.
Today is our opportunity to stop these two unconstitutional and criminally inspired Bills from passing into law.
This year, just as in past years when the Banksters tried to force similar unconstitutional laws upon us, brinkmanship and open corruption have been evident to all of us who have closely followed the disgraceful behavior of our elected Representatives and Senators.
Every political dirty trick in the book has been utilized to try and force this garbage into ‘law’, including setting Committee hearings at short notice, deliberately leaving insufficient time for people who have traveled from the four corners of this State to give testimony to speak, engaging in deliberate filibustering to run out of time to stop public protests at meetings.
HB 87 has passed the House and SB 1666 is up for its second reading on Thursday May 2, 2013. Both Bills must pass both Houses before they can be sent to the Governor to sign. We must stop them from passing and the only way to do it is for us all to email and/or phone the Senators. We have believed from the outset that we would probably have to fight the real battle at the last minute in the Senate.
Please email and preferably phone every Senator’s Office in Tallahassee on Thursday and on Friday to tell them that every Senator who votes for these Bills is deliberately engaging in the criminalization of Florida’s legislature and to tell them that if this Bill passes they will all be held accountable.
Please make certain that you tell them that Senator Latvala who sponsored SB 1666 and his partner in crime in the House Representative Passidomo are clearly acting as agents of corrupt Banksters and against the interests of the citizens and residents of Florida.
If we fail to pressure these tyrants on Thursday and Friday this disaster will happen and we will have to continue our fight to get it declared as unconstitutional by the Supreme Court and to have it repealed. Please don’t think your voice does not count. Together we have more power than they think they have. To make it easy and time saving for you all, here is a simple message that you can cut and paste into a personal email and send to each Senator.
Dear Senator
Please be advised that HB87 and SB1666 are unconstitutional, as well you know, because you have all had a copy of Attorney Henry P. Trawick’s letters telling you that these Bills must not be passed. You also know that Mr. Trawick intends to file suit against this State if this Bill becomes ‘law’.
For those of you who don’t know, Mr. Trawick is popularly known as ‘The Dean of Rules’ and is the foremost authority on Florida’s Rules of Court, having been the drafter of those Rules.
There can be no excuse for any of you who votes for these unconstitutional and criminally inspired Bankster sponsored Bills. It is unthinkable that in these United States, or in this State that a law could be enacted which protects a thief, his fence and the purchaser of stolen property against ever having to return the stolen property to the thief’s victim. Yet that is precisely what the Sponsors and every one of Florida’s Senators who vote for these Bills want to achieve to satisfy their corporate masters.
Even a proposed amendment on the floor of the House to HB 87, that would have specifically provided that the victims of the Bankster thieves who had used forged and otherwise fraudulent documents to obtain title to real property as a result of a subsequently proven criminally orchestrated theft of that home could have been entitled to its return was defeated by a large majority. Such is the depth of depravity in Florida’s Legislature and the people are getting to the end of their tether.
You were not elected by Banksters and other corporatists, you were elected by the people to govern the people for the people. Do your jobs – vote no or prepare to be exposed for what you truly are – a puppet of corporatism and an enemy of the people.
Feel free to cut and paste this draft letter or to alter it as you see fit. What is important is that they get the message that we know what they are doing, we are watching them and they will not be allowed to get away with it!
The contact details for each Senator are as follows:
Senator Thad Altman (850) 487-5016 altman.thad.web@flsenate.gov
—
Sincerely,
Danielle J. Kelley, Esquire
Attorneys & Counselors at Law
4832 Kerry Forest Pkwy, Suite B
Tallahassee, Florida 32309
Phone: (850) 459-6399
Fax: (850) 807-2547
11 thoughts on “URGENT: FLORIDA RESIDENTS MUST CALL NOW OR EMAIL THEIR STATE SENATOR!”
An attorney told me, the judges are being told a mortgage exists and we signed that mortgage/note.
So, that means fraudclosures are being governed by an investor theory that a legal agreement exists when that is simply not true for a number of reasons but mainly because the banks were lying to us about what was being represented in those contracts. Those were not contracts, those were in fact financial weapons of mass destruction.
The law is the law for everyone or the law is the law for no one. Everyone is equal under the law under the U.S. Constitution. Legal Theory is not rule of law. This robbery of our livelihoods, private businesses & property and legal rights are all for the benefit of the control freak investors who believe investing in everything WE THE PEOPLE pay for is CONTROL… It is in fact, gambling & it is illegal to deceive by misrepresenting who you are.
TOO BIG TO FAIL, Corporate America is the most destructive force on the planet.
TBTF have secretly monopolized everything by robbing us, investing in their own fraud, and wiping out all competition by using all of us. They re-socialize their debt fraud onto the people to destroy the free markets & private ownership. That is totalitarianism. They hijack and fraudulently control everything we pay for, own and Labor for by investing and that is illegal.
Corporate America invests in everything that effects our Life, Liberty & Property and that has destroyed our peace & security and is destroying our way of life.
Time to cut TBTF off of the U.S. Taxpayer’s dole.
Anyone who has robo docs of this party please email them to me at Shelleystotalbodyworks@comcast.net! J C San Pedro And call those senators and repres on this list. It makes a difference when they know the public is aware of the issues.
@bobhurt
The “note” is proof of NOTHING if the “note” is FAKE. PERIOD.
The “debt” is UNSECURED. That means the houses were STOLEN.
http://www.realestateconsulting.com/blog/adam-artunian/bring-down-gavel-judicial-foreclosure-process
We have witnessed half a dozen years of judicial foreclosure battles in Florida that made no sense at all and that monumentally wasted public and private resources.
At first, the foreclosure defense industry had no clue what to do. But it always had the choice of attacking the mortgage’s certain causes of action like appraisal and loan application fraud, or of attacking the foreclosure itself. Lawyers quickly learned the benefit of keeping the client in the house a while longer for a small retainer and monthly payments that the client should have kept for the eventual move out of the house. Meanwhile, the foreclosure industry developed virtually no skill at fighting the lender over the causes underlying the mortgage itself.
It took a few years of court rulings to wake people up to the reality of FAILING arguments like produce the note, robo-signing, securitization, etc. At best they only postponed the inevitable at great cost to both parties. The smart foreclosure victims did a keys for cash deal and moved on. The rest just wasted public and private resources and eventually lost the house anyway. In the end, the note holder or holder’s agent can foreclose a defaulted note.
The article linked above brings this point home in spades as it lobbies for a non-judicial foreclosure process for states like Florida. As a law philosopher, I see the arguments on all sides of the issue. I look at the typical foreclosure defense as a form of guerrilla war against lenders. Borrowers never bother fighting the more legitimate, /political/, battle against the government and lending industry for their roles in the predatory lending that collapsed jobs and homeowner equities, as documented in the Financial Crisis Inquiry Commission Report of 2011.
How can they fight such a battle? First of all they remain preoccupied with living their lives and have no time or interest in the battle. Until they face foreclosure. Then they haven’t the peace of mind or financial means for the battle. And they haven’t the legal education. And they cannot prove the connection between behavior identified in the report and their particular lender in their particular loan – in other words, they cannot prove their loan’s role in the conspiracy. And of course, no law firm will take up such a gauntlet without certainty of winning the battle against the lending industry and government combined.
Borrowers cannot win the political battle either. They haven’t the resources to support a political action committee (PAC) that stands a chance against the PACs of the banks, and our stubborn, stodgy, corrupted Congress.
So, I don’t see the point of fighting such a battle at all, not through political action, class action lawsuits, or individual foreclosure defense. After all, if the borrower cannot prove the lender’s role in that FCIC conspiracy, and the borrower has a valid loan, then the borrower must forfeit the house for defaulting on the loan. It’s that simple.
And a protracted judicial foreclosure battle unfairly penalizes honest lenders. Why should such a lender have to spend tens of thousands of dollars to foreclose a loan on a house that’s worth half of the loan balance? By what right should a lender have to forfeit a judgment lien for a related deficiency just to get the defaulted borrower out of the house without a court battle?
As I see it, the non-judicial foreclosure cuts right to the heart of the matter. It avoids a costly legal battle UNLESS the borrower has the pluck and resources to file a lawsuit against the lender for torts, contract breaches, or legal errors. NOTHING ELSE justifies dragging out the foreclosure process in court. Many state legislatures have already come to this conclusion, and that’s why they embrace only non-judicial foreclosures.
Florida’s Constitution, Article I Section 10 provides “No law shall… impair the obligation of contracts.” I believe Florida’s long, drawn-out judicial foreclosure process does exactly that. At the same time, Florida Statute 90.953 provides that the court cannot admit into evidence a copy of a negotiable instrument (like a mortgage note). For this reason, I believe the court should require the original for all foreclosures unless the lender can provide proof of destruction by fire, or loss to theft, etc., as required by the UCC in Florida Statute 673.3091. The law should require courts to sanction foreclosers who repeatedly allege they lost or destroyed the note.
I personally believe the law should require every forecloser to appear in person or through counsel with the original note with all allonges, and the records of payment history, servicer correspondence, and notice of default, and submit them for forensic examination if desired by the borrower, prior to non-judicial foreclosure. If the forecloser cannot do that, the law should require a judicial process in which the borrower can challenge the validity of the note and payment history. After all, the note is both the contract and the ultimate proof of indebtedness.
*Bob Hurt* (727) 669-5511 Email Me · Visit My Blog Learn to Litigate with Jurisdictionary (Buy Now) Stay informed with Lawmen E-letter (Subscribe Free Now
http://www.realestateconsulting.com/blog/adam-artunian/bring-down-gavel-judicial-foreclosure-process
We have witnessed half a dozen years of judicial foreclosure battles in Florida that made no sense at all and that monumentally wasted public and private resources.
At first, the foreclosure defense industry had no clue what to do. But it always had the choice of attacking the mortgage’s certain causes of action like appraisal and loan application fraud, or of attacking the foreclosure itself. Lawyers quickly learned the benefit of keeping the client in the house a while longer for a small retainer and monthly payments that the client should have kept for the eventual move out of the house. Meanwhile, the foreclosure industry developed virtually no skill at fighting the lender over the causes underlying the mortgage itself.
It took a few years of court rulings to wake people up to the reality of FAILING arguments like produce the note, robo-signing, securitization, etc. At best they only postponed the inevitable at great cost to both parties. The smart foreclosure victims did a keys for cash deal and moved on. The rest just wasted public and private resources and eventually lost the house anyway. In the end, the note holder or holder’s agent can foreclose a defaulted note.
The article linked above brings this point home in spades as it lobbies for a non-judicial foreclosure process for states like Florida. As a law philosopher, I see the arguments on all sides of the issue. I look at the typical foreclosure defense as a form of guerrilla war against lenders. Borrowers never bother fighting the more legitimate, /political/, battle against the government and lending industry for their roles in the predatory lending that collapsed jobs and homeowner equities, as documented in the Financial Crisis Inquiry Commission Report of 2011.
How can they fight such a battle? First of all they remain preoccupied with living their lives and have no time or interest in the battle. Until they face foreclosure. Then they haven’t the peace of mind or financial means for the battle. And they haven’t the legal education. And they cannot prove the connection between behavior identified in the report and their particular lender in their particular loan – in other words, they cannot prove their loan’s role in the conspiracy. And of course, no law firm will take up such a gauntlet without certainty of winning the battle against the lending industry and government combined.
Borrowers cannot win the political battle either. They haven’t the resources to support a political action committee (PAC) that stands a chance against the PACs of the banks, and our stubborn, stodgy, corrupted Congress.
So, I don’t see the point of fighting such a battle at all, not through political action, class action lawsuits, or individual foreclosure defense. After all, if the borrower cannot prove the lender’s role in that FCIC conspiracy, and the borrower has a valid loan, then the borrower must forfeit the house for defaulting on the loan. It’s that simple.
And a protracted judicial foreclosure battle unfairly penalizes honest lenders. Why should such a lender have to spend tens of thousands of dollars to foreclose a loan on a house that’s worth half of the loan balance? By what right should a lender have to forfeit a judgment lien for a related deficiency just to get the defaulted borrower out of the house without a court battle?
As I see it, the non-judicial foreclosure cuts right to the heart of the matter. It avoids a costly legal battle UNLESS the borrower has the pluck and resources to file a lawsuit against the lender for torts, contract breaches, or legal errors. NOTHING ELSE justifies dragging out the foreclosure process in court. Many state legislatures have already come to this conclusion, and that’s why they embrace only non-judicial foreclosures.
Florida’s Constitution, Article I Section 10 provides “No law shall… impair the obligation of contracts.” I believe Florida’s long, drawn-out judicial foreclosure process does exactly that. At the same time, Florida Statute 90.953 provides that the court cannot admit into evidence a copy of a negotiable instrument (like a mortgage note). For this reason, I believe the court should require the original for all foreclosures unless the lender can provide proof of destruction by fire, or loss to theft, etc., as required by the UCC in Florida Statute 673.3091. The law should require courts to sanction foreclosers who repeatedly allege they lost or destroyed the note.
I personally believe the law should require every forecloser to appear in person or through counsel with the original note with all allonges, and the records of payment history, servicer correspondence, and notice of default, and submit them for forensic examination if desired by the borrower, prior to non-judicial foreclosure. If the forecloser cannot do that, the law should require a judicial process in which the borrower can challenge the validity of the note and payment history. After all, the note is both the contract and the ultimate proof of indebtedness.
*Bob Hurt* (727) 669-5511 Email Me · Visit My Blog Learn to Litigate with Jurisdictionary (Buy Now) Stay informed with Lawmen E-letter (Subscribe Free Now
Once again our corrupt House here in Florida….has pushed this through and on it’s way to the Governor’s for signature. I urge everyone to sign this petition and call the Gov. Scott. I received this and urge everyone to follow:
HERE IS THE LINK TO THE PETITION http://signon.org/sign/kill-house-bill-87?mailing_id=11896&source=s.icn.em.cr&r_by=2035865
WELL AS WE FEARED THE BANKSTERS HAVE GOT THEIR FRAUDULENT BILLS THROUGH THE SENATE TODAY. BUT ALL IS NOT LOST. IN ADDITION TO THE UNCONSTITUTIONAL ISSUES ALREADY COMMUNICATED TO YOU, WE HAVE LEARNED TODAY THAT HB 87 WAS UNLAWFULLY SET FOR A HEARING PRIOR TO THE BEGINNING OF THE LEGISLATIVE SESSION IN VIOLATION OF FLORIDA CONSTITUTION ARTICE III SECTION 3 WHICH BY LAW RESTRICTS THOSE HEARINGS TO BEING HELD WITHIN THE LEGISLATIVE SESSION.
INJUNCTIONS ARE CURRENTLY BEING INVESTIGATED BY ATTORNEY HENRY P. TRAWICK AND OTHERS, BUT TODAY WE NEED ALL OF YOU TO PHONE TO GOVERNOR AND TELL HIM NOT TO SIGN THIS UNCONSTITUIONAL BILL INTO LAW AND TELL HIM THAT IT VIOLATES A NUMBER OF FLORIDA CONSTITUTIONAL ARTICLES, INCLUDING ARTICLE I SECTIONS 9 & 10 AND ARCILE III SECTION 3.
IF SCOTT SIGNS THIS UNCONSITUTIONAL GARBAGE INTO LAW THE HANGING TOGETHER FOR JUSTICE FOUNDATION AND OTHER GROUPS ARE GOING TO LAUNCH A MASSIVE CAMPAIGN TO EXPOSE THE SIGNORS.
FOR YOUR INFORMATION IT LOOKS AS THOUGH ALL BUT ONE DEMOCRAT VOTED AGAINST SB1666 AND ONE WHO DID NOT VOTE. HB87 WHICH HAD BEEN UNLAWFULLY SUBSTITUTED FOR SB1666 AFTER SB1666 HAD BEEN AMENDED AT ITS SECOND READING YESTERDAY AND ALL REPUBLICANS VOTED FOR ITS PASSAGE AND WHAT WAS UNLAWFULLY DESCRIBED AS THE THIRD READING OF SB1666 WHEN IT WAS IN FACT HB87 WHICH HAD NEVER BEFORE APPEARED ON THE FLOOR OF THE SENANTE. HOW MUC MORE UNLAWFUL AND UNCONSTITUTIONAL CAN THESE ENEMIES OF THE PEOPLE FLEX THEIR POWER MUSCLES FOR THE BENEFIT OF THEIR CORPORATE BANKSTER MASTERS?
THIS IS BOTH UNLAWFUL AND POLITICAL. ITS TIME FOR THESE PEOPLE TO BE KICKED OUT OF THEIR CUSHY OFFICES AND TO BE BROUGHT TO JUSTICE FOR THEIR CRIMES AGAINST THE PEOPLE OF FLORIDA.
PLEASE CALL RICK SCOTT ON (850) 488-7146 AND TELL HIM NOT TO SIGN THIS UNCONSTITUTIONAL BILL INTO LAW.
THIS IS VITALLY IMPORTANT AND WILL LAY THE FOUNDATION FOR ALL OF OUR NEXT MOVES IF HE DECLINES.
Kennedy Gallimore of CNA Financial, Inc sent my email to the senator for my area!!! Let’s hope we can get this stopped!!!
Good Luck to you folks down in Florida.
Dear Senator,
Please be advised that HB87 and SB1666 are unconstitutional, as well you know, because you have all had a copy of Attorney Henry P. Trawick’s letters telling you that these Bills must not be passed. You also know that Mr. Trawick intends to file suit against this State if this Bill becomes ‘law’.
For those of you who don’t know, Mr. Trawick is popularly known as ‘The Dean of Rules’ and is the foremost authority on Florida’s Rules of Court, having been the drafter of those Rules.
There can be no excuse for any of you who votes for these unconstitutional and criminally inspired Bankster sponsored Bills. It is unthinkable that in these United States, or in this State that a law could be enacted which protects a thief, his fence and the purchaser of stolen property against ever having to return the stolen property to the thief’s victim. Yet that is precisely what the Sponsors and every one of Florida’s Senators who vote for these Bills want to achieve to satisfy their corporate masters.
Even a proposed amendment on the floor of the House to HB 87, that would have specifically provided that the victims of the Bankster thieves who had used forged and otherwise fraudulent documents to obtain title to real property as a result of a subsequently proven criminally orchestrated theft of that home could have been entitled to its return was defeated by a large majority. Such is the depth of depravity in Florida’s Legislature and the people are getting to the end of their tether.
You were not elected by Banksters and other corporatists, you were elected by the people to govern the people for the people. Do your jobs – vote no or prepare to be exposed for what you truly are – a puppet of corporatism and an enemy of the people.
Sincerely,
Cut and paste address!
‘abruzzo.joseph.web@flsenate.gov’; ‘altman.thad.web@flsenate.gov’; ‘bean.aaron.web@flsenate.gov’; ‘benacquisto.lizbeth.web@flsenate.gov’; ‘bradley.rob.web@flsenate.gov’; ‘brandes.jeff.web@flsenate.gov’; ‘braynon.oscar.web@flsenate.gov’; ‘bullard.dwight.web@flsenate.gov’; ‘clemens.jeff.web@flsenate.gov’; ‘dean.charles.web@flsenate.gov’; ‘detert.nancy.web@flsenate.gov’; ‘portilla.miguel.web@flsenate.gov’; ‘evers.greg.web@flsenate.gov’; ‘flores.anitere.web@flsenate.gov’; ‘gaetz.don.web@flsenate.gov’; ‘galvano.bill.web@flsenate.gov’; ‘garcia.rene.web@flsenate.gov’; ‘gardiner.andy.web@flsenate.gov’; ‘gibson.audrey.web@flsenate.gov’; ‘grimsley.denise.web@flsenate.gov’; ‘hays.alan.web@flsenate.gov’; ‘hukill.dorothy.web@flsenate.gov’; ‘joyner.arthenia.web@flsenate.gov’; ‘latvala.jack.web@flsenate.gov’; ‘lee.tom.web@flsenate.gov’; ‘legg.john.web@flsenate.gov’; ‘margolis.gwen.web@flsenate.gov’; ‘montford.bill.web@flsenate.gov’; ‘negron.joe.web@flsenate.gov’; ‘richter.garrett.web@flsenate.gov’; ‘ring.jeremy.web@flsenate.gov’; ‘sachs.maria.web@flsenate.gov’; ‘simmons.david.web@flsenate.gov’; ‘simpson.wilton.web@flsenate.gov’; ‘smith.chris.web@flsenate.gov’; ‘sobel.eleanor.web@flsenate.gov’; ‘soto.darren.web@flsenate.gov’; ‘stargel.kelli.web@flsenate.gov’; ‘thompson.geraldine.web@flsenate.gov’; ‘thrasher.john.web@flsenate.gov’