Matt Weidner Takes on Robo-Court Orders

OUTRAGE OF THE DAY- Exactly Who Runs The Courtroom?

April 20th, 2011 · Foreclosure
I have to take many deep breaths before I write this and really restrain myself. I started to write this right after it happened this morning, but I’ve learned that I must exercise some restraint unless I’m ready to pay the ultimate price for exercising my rights to free speech. Even when you’re speaking the truth, reporting facts and standing up for much larger and critically important constitutional issues, I’ve learned that one cannot rely on the quaint and naive notion that such controversial speech is protected or that my attempts to stand up for the larger good will go unpunished.

So with that as the preamble, the story begins that I headed off to battle early this morning in a courtroom outside my home territory. Because I had done my homework, I knew I was headed into hostile territory. One of the most open-minded of my colleagues had recently gone to this particular courtroom with an example of crystal clear, undeniable fraud which was just totally ignored, dusted off, disregarded and dismissed by the court. This particular attorney was not exactly a partisan fighter. He was not exactly a true believer of all the well-documented stories of fraud and impropriety. He was more or less an agnostic…at least until his last experience in this particular courtroom where he presented crystal clear, undeniable fraud that was just totally ignored, dusted off, disregarded and dismissed by the court….and that just pushed him totally over the edge. (Welcome to the very, very dark side of your profession my good colleague.)

Anyway, with his experience fresh in my mind, I knew I would have to really be on my game in order to protect my client’s rights. So I got to court way, way early. One of the things I learned long ago was how important it is to arrive early. The first chapter of the Art of Foreclosure War says, Survey the battlefield. Size up the opposition and get a read on the interpersonal and subtle dynamics of the battlefield. (although truthfully the Fraudclosure Rocket Docket Courtrooms are not really like battlefields, they’re more like World Wrestling Federation Octagons)

So I picked out a neutral spot in the courtroom and sat and waited for my case to be called. While I’m waiting, in rolls the Jackals from the Fraudclosure mills..I say roll because they don’t walk into court like real soldiers. They wheel in their putrid piles of lies and fraud in cases with wheels built right in. These troglodytes cannot muster the strength to carry their weapons into battle, they wheel their manure in and because they’re way, way to comfortable they don’t select neutral real estate, they just consume and infect the prime real estate right up in the front of the courtroom spreading all their toxic filth all about wherever they please like a prisoner spreading…(okay, I’m getting too heavy on the hyperbole here). Anyway, if you’ve never seen what I’m describing, here’s kinda what they looks like:

So first up was a “trial”. The troglodyte moves right through it all lickety split and before you know it…BAM! Foreclosure Granted! But she wasn’t done yet, there were several other cases that she might have had something to do with….there was some amount of confusion because once she started talking about “her” cases another troglodyte stood up and she was apparently there on the same cases as well. So the whole courtroom sat there while these two sorted out who was on first and what was on second…at this point in time I drifted out because I’d seen this movie before…..remember in Star Wars when Han Solo was in the bar….it was this weird., otherworldly scene with all manner of unsavory characters:

But wait, I’m mixing way, way too many metaphors here. The point is at some point in time I emerged from the worm hole I slipped down and when I did, the Trial Attorney from the Fraudclosure Mill had rolled her wheeled black box back behind where the clerks and the court personnel live and planted herself right there among them. All her files and documents were spread out on the court’s desk and she was pumping away…feeding documents here, there and everywhere. She owned and consumed all that real estate….the court’s real estate, the people’s real estate…what should be neutral territory.

But here’s what really got me…in a courtroom, the judge has a big, serious imposing mechanical stamp…it’s HIS OFFICIAL STAMP!…. In my mind it’s like the king’s stamp. It’s sacrosanct….it’s holy. But in this courtroom, the troglodytes were just passing this thing around like….well, I could only come up with a profane metaphore, so I’ll just say, they were just kachuning away, “signing” orders and I didn’t like it. The whole scene felt like some acid trip scene straight out of The Big Lebowski…

but it wasn’t….it was a courtroom….sort of. It took me several minutes, but after a while, I became convinced that I had not been drugged and that what I was seeing was actually….occurring right in front of my eyes. The foreclosure troglodytes were stamping and kachunking orders and stuffing envelopes and it was all just chugging along….not the court….the troglodytes.

So now I was awake and alive and acutely aware of what was happening in this courtroom. My case had not been called, but I wanted to jump over the rail, out of my neutral territory, I wanted to stand up and say, ‘WAIT A MINUTE. STOP! HOLD ON! WHAT’S HAPPENING HERE?!”…remember that scene out of “The Wall”….

But I’m already facing real trouble for daring to speak out against the machine. So I sat there and watched the meat grinder grind away….but I did not like it. I thought to myself, “what would a pro se person think of this courtroom?”, “What would any one of our white haired founding forefather’s think of this courtroom?” But still I sat there, snorting and huffing and squirming on the Group W bench. I tried to rally some outrage from the other guerrillas who were in the room, but they explained to me (under their breath) that this was the way things operated here.

And then, finally my case was called. The case was sounded and I stepped forward. I spoke, and the court replied, “SUMMARY JUDGMENT GRANTED!” but then I said, “Your honor, I’m here for the defendant”, to which the court replied, ‘YOUR MOTION IS DENIED”. So then I explained, it’s the court’s order I seek to enforce…and my motion was granted.

I should have just turned around and headed back to the office… I won. I’m already in enough trouble for caring enough about things and people that I’m not paid to represent…..but somewhere in my fighter’s mind, I remembered that Oath I took. I spoke up….I bowed…I curtsied, I begged, I deferred….

“May I approach your honor? May I speak? Thank you. Your honor, as an officer of the court, begging your pardon, pleading for your mercy. I have a real problem with what is occurring right over there beside us. Forgive me, but it just strikes me as a bit inappropriate when parties are taking your stamp and kachunking orders. What would this look like to the general public? Is this what our forefathers had in mind when they conceived of our fair and independent judicial system?”

To which the court replied (more or less):

“You’ll have to take that up with the legislature….we don’t have proper funding and we cannot bother with your concerns. We don’t have staff. We’re doing what we have to do here….move along please.”

And so it goes, and so it goes. And all of this in the shadow of a very significant lawsuit filed by the American Civil Liberties Union that more or less documents with excruciating evidence and particularity, the claims and allegations that I describe in this post. I will suffer for daring to publish these facts and for sharing these thoughts, but is this not the very highest calling of my profession?

If you have not done so already, please read the lawsuit that has been filed by the ACLU:

florida_foreclosure_20110407_0
https://www.aclu.org/files/pdfs/racialjustice/merrigan_appendix_20110407.pdf

Please log onto their website and take in the full specter of the fight that they ACLU has picked. Please share this with criminal attorneys, with family law attorneys, with press and with anyone who cares about what they think they know about our court system.

” They” are going to come after me for this post (how dare I speak the truth), but there are far bigger and more important issues at stake….I’m in this for the long haul and the deeper fight. Bring It On.

Posted in bubble, Corruption, Eviction, securities fraud |