BANK AMNESTY: Attempting Again to Corrupt Florida Title and Foreclosure Process

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WRITE YOUR LEGISLATORS NOW!!!

“In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property.” — Proposed legislation

Editor’s Comment: After failing to convert Florida to a non-judicial state and thus avoid all those pesky evidence issues that people normally must conform to in order to get relief from a court, the Banks are trying again to corrupt the title registries in Florida even worse than they already done. In order to clear title they are going to need the signature of the homeowner who was deceived from the the beginning. They know that will cost a lot of money. So they are trying to sneak through legislation in many states that amounts to amnesty for fraudulent foreclosers, thus ratifying the theft of homes on a grand scale.

The proposed law is suggested as a “reset button” so the title is ratified in aback-handed way. It limits the borrower to money damages, which the Banks might regret if they get their wish. Most of you were foreclosed out of ownership of your home by a non-creditor who pretender to be a creditor, and you still don’t know the real amount due on your obligation because they still have not even begun to offer an explanation of the third party payments from insurance, credit default swaps, cross-collateralization, over-collateralization, and other means, which means that you lost your house to someone who was (A) not your lender and (b) never was and (c) never had dime into the transaction without accounting for the actual loss or identifying the party who lost money, if any.

The proposed law would prevent you from asserting your rights under established property law in each state — something that cannot be changed on the Federal level where this would probably pass in a snap but be patently unconstitutional. It means that even if the property was stolen from you using forged fabricated documents and intentional misrepresentations in Court by counsel and clients, you can’t get it back (if the law is passed).

The attraction or hook here is that the Banks want to avoid a “reset button” that would invite a deluge of litigation over property rights. It is attractive to some legislators because it pretends to address the issue of disruption of the marketplace. The Banks are saying to legislators that this is the only way to clear the marketplace of problems and get the market moving again. It is a tacit admission that they stole the properties — over 5 million so far. It isn’t legal or proper — it’s political. The Banks are using their money to buy legislators and thus buy their way out of a trillion dollar problem with a couple of hundred million dollars.

If it is passed, even if it is challenged in the Courts, it will take many years to run through the Courts. It will give the Banks a colorable right to go full scale on the rest of their intended foreclosures, depriving each homeowner of their home, subject to eviction by a party who has nothing to do with their mortgage. YOU MUST MAKE IT EXTREMELY UNCOMFORTABLE FOR LEGISLATORS TO PASS THIS LEGISLATION OR ANYTHING LIKE IT. WRITE YOUR LEGISLATORS, AND KEEP WRITING THEM. MARCH ON THE CAPITAL. DO WHATEVER IT TAKES TO PREVENT THE BANKS FROM GETTING THE AMNESTY THAT SHOULD GO TO INVESTORS AND HOMEOWNERS.

BOMBSHELL-The Banksters Strike Back- The Florida Foreclosure Fraud Forgiveness Act of 2012
August 13th, 2011 | Author: Matthew D. Weidner, Esq.
THEY’RE BAAACKKKKK—–WATCHOUT!

The banksters are in trouble. Big trouble.

They have made a crime scene of our nation’s formerly sacred public records.

They have blatantly and without remorse ignored hundreds of years of real property law.

They have blatantly and without remorse ignored and disregarded fundamental and Constitutional law that form the very foundation of our entire country.

They have blatantly and without remorse disregarded rules and procedures that have governed and kept secure the court systems all across this entire country.

And now they want a free pass. They want to just walk away from it all.

They have introduced souped up version of the prior (and very ugly) non judicial foreclosure bill. Make no mistake this is one of the ugliest, most anti-consumer pieces of legislation ever introduced in this state.

This is the Bad, Bad Bankster Fraud Forgiveness Act of 2012!

Have a read at some of the lowlights!

Once suit has been filed, the public interest is served by moving foreclosure cases to final resolution expeditiously in order to get real property back into the streamof commerce… (NO FOLKS, ONCE A SUIT HAS BEEN FILED OUR COURTS SHOULD BE FOCUSED ON UPHOLDING HUNDREDS OF YEARS OF LAW)
Section 57.105, Florida Statutes, (Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee) is repealed. (THE FRAUDCLOSING PLAINTIFFS ARE PAYING ATTORNEYS FEES FOR IMPROPER CONDUCT, THIS WOULD PROTECT THEM FROM PAYING FOR THEIR IMPROPER CONDUCT.)
Following dismissal of the foreclosure case, and upon request of the plaintiff, the clerk may return the original promissory note without need for further order of the court. (WHY, SO THE NOTE CAN BE SOLD TO A ZOMBIE DEBT COLLECTOR?)
In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property. (THIS IS A BIGGIE PEOPLE, THIS IS THE REAL BIG ONE HERE, THE GET OUT OF JAIL FREE CARD!)
After foreclosure of a mortgage based upon the enforcement of a lost, destroyed or stolen note, a person, not party to the underlying foreclosure action, who claims to be the Actual holder of the promissory note secured by the foreclosed mortgage, shall have no claim against the foreclosed property after it has been conveyed for valuable consideration to a person not affiliated with the foreclosing lender. (ANOTHER RED ALERT BIGGIE HERE, A TOTAL REWRITE OF EXISTING LAW)
In uncontested mortgage foreclosure proceedings, the court shall enter final judgment within 45 90 days from the date 0of the close of pleadings. (GOTCHA!)
Where the amount of principal and interest, exclusive of fees and costs, owed to a foreclosing lender equals or exceeds 120% of the just value of the property subject to
foreclosure, as determined by the county property appraiser in the most recent certified tax roll, the foreclosing lender may elect to foreclose without a judicial sale of the property. (THIS HERE IS THE REAL THING, GOTCHA!, GOTCHA!, GOTCHA! WE DON’T NEED NO STINKIN’ JUDGES OR COURTS OR DUE PROCESS!)
In any mortgage foreclosure action, upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney. (REMEMBER ABOVE WHEN THEY ELIMINATED THEIR OWN LIABILITY FOR ATTORNEY’S FEES IF THEY WERE CAUGHT? WELL, THEY ADDED FEES AGAINST DEFENDANTS. THIS PUNITIVE SECTION WILL PREVENT ANY CONSUMER FROM HAVING ANY ATTORNEY REPRESENT HIM IN COURT.)

Now, the real question is who is going to sponsor this MOST ABSOLUTELY HORRIBLE, ANTI-CONSUMER legislation? Now just for starters, even before session begins, this thing has already been drafted. Who drafted this bill? What special industry group paid for and submitted this? What banking group, what group of foreclosure mills? What special industry groups?

MAKE NO MISTAKE THIS LEGISLATION IS BOUGHT AND PAID FOR AND IT WILL BE A TOP PRIORITY OF THE 2012 LEGISLATIVE SESSION!

AND WHAT CAN YOU DO TO FIGHT AGAINST IT? FILL OUT THE PETITION at

http://mattweidnerlaw.com/blog/wp-content/uploads/2011/08/WeidnerPetition2.pdf

THEN MAIL IMMEDIATELY TO:

MATTHEW WEIDNER

329 4TH AVENUE SOUTH

ST. PETERSBURG FL 33701

This YOUR chance to be part of the MOST EXCITING REVOLUTION to sweep Florida politics in a generation. This opportunity to make your voice heard comes around only once every ten years. Please make the most of this opportunity. Print out multiple petitions and have your neighbors, friends and co-workers sign as well! Please forward this post around to as many of your social networks are you can. Remember, this is not just about getting me on the ballot, this campaign is about GETTING REAL, EVERYDAY FLORIDIANS THAT CARE ABOUT AMERICA ON THE BALLOT!

The crucial thing to understand about this is any registered voter, from any county in Florida, from any party can sign this petition to get me on the ballot! This incredible quirk of the petition process comes around only once every ten years. And it just so happens that in this tenth year, the incumbent politicians are more vulnerable than ever before.

DO NOT MISS YOUR CHANCE TO BE PART OF HISTORY!

SIGN THE PETITION, PRINT OUT SEVERAL AND PLEASE MAIL ORIGINAL PETITIONS TO ME IMMEDIATELY!

PLEASE CLICK HERE TO ENSURE THAT YOU ARE REGISTERED TO VOTE

http://election.dos.state.fl.us/voter-registration/voter-reg.shtml
See more details at
http://mattweidnerlaw.com/blog/register-to-vote-do-it-now-dont-wait/

2011+draft+sent+to+bill+drafting http://mattweidnerlaw.com/blog/wp-content/uploads/2011/08/2011+draft+sent+to+bill+drafting1.pdf

Tags: amnesty, bankruptcy, banks, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |