Florida Legislature Shredding Bill of Rights Under Guidance of the Banks

FLORIDA CITIZENS MUST CALL AND WRITE

THEIR STATE SENATOR AND STATE REPRESENTATIVE

PAY UP OR SHUT UP: FLORIDA BILL WOULD REQUIRE DEPOSITING MORTGAGE BALANCE INTO COURT REGISTRY EVEN IF THE PLAINTIFF IS NOT ENTITLED TO THE MONEY!!

Under the guise of facilitating mortgage foreclosure litigation, the Florida state Senate is attempting to destroy the rights, defenses, and counterclaims of homeowners without due process; and this is simply because the banks cannot win their foreclosure cases  without cheating.

S.B. 1666 Is the bill that has been proposed and which should be opposed by every citizen including those who have no interest in foreclosure litigation. It sets a dangerous example and precedent for restricting access to the courts and creating an insurmountable burden on homeowners to defend their property against illegal foreclosures. It also lays the groundwork for permanent corruption of title chains in the state of Florida such that the marketplace can never be a place where transactions are complete. This is obviously the handiwork of the banks.

Having failed to achieve the upper hand by virtue of congressional authority at the federal level, the banks are spending hundreds of millions of dollars in lobbying expenses and campaign contributions to protect their  ill-gotten gains.  Any Florida state senator or representative who votes for this bill should be known as someone who has sold out to the banks and whose interest is in protecting the banks rather than the state of Florida or its citizens.

 The new provisions on notice of the pending foreclosure proceedings makes a mockery of both notice and service of process. The new provisions allow for substitute service by publication on a website that nobody other than the banks are likely to visit. It is therefore publication without notice. This is something which is absurd on its face.

The new provisions would allow and encourage retired judges to determine whether an order should be issued for the homeowner to show cause why a final judgment should not be entered. This process is to be conducted without a hearing, notice, or any evidence or argument. It is not just the equivalent of nonjudicial foreclosure, it is far worse.

The hidden rationale behind this proposed legislation is to place the burden of persuasion on the homeowner before the homeowner has any opportunity to conduct discovery. It allows the judge to essentially overrule denials by the homeowner. It would require the homeowner to  make allegations  and attach documents,  most of which are in the sole care custody and control of parties that can only be reached through the power of subpoena.

Despite the facts and findings of multiple agencies and independent examiners wherein the conclusion was drawn that most foreclosures involve strangers to the transaction who are neither creditors nor authorized representatives of creditors, and despite the facts and findings in multiple cases and multiple agencies showing the fabrication and forgery of documents for the purpose of obtaining a foreclosure deed on behalf of an entity that paid nothing for the origination or transfer of the loan, the Florida Senate is considering a bill whose premise is that the loans are valid, the mortgage lien is perfected, the borrower has defaulted, the note accurately describes a transaction even though consideration was absent, and that the foreclosure is presumptively valid.

This bill has nothing to do with the functionality or bottleneck in the court system. It is highly likely that the bill will not get past the Florida Supreme Court, but it should be defeated long before it has an opportunity to be reviewed by that court. If anyone was truly serious about the functionality of the court system and bottlenecks caused by foreclosures they would start at the beginning rather than the middle of the litigation process.

 If the legislature wants to have a review process to determine the viability of litigation and the position of one party over another, it should start at the beginning with the pleading and attachments of the party seeking foreclosure. The proposed bill once again refers to the “holder” instead of the owner of the loan. The difference is monumental. And judges seem to attach considerable significance to the allegation that the would-be forecloser  is a holder instead of requiring that the party seeking foreclosure allege and prove that it is the owner or that it represents the owner of the loan.

 Thus this bill  seeks to allow and encourage retired judges to use presumptions even if they are contrary to the facts. These judges should not be charged with the responsibility of determining the viability of the defenses without first determining  the viability of the initial claim. This is not a technical problem. It is pure common sense. If a party wishes to foreclose on property it must be able to show proof of payment and proof of loss. We all need to understand that the foreclosure mess created by Wall Street changes the entire rationale of making loans and enforcing them.

The courts are being used as a vehicle to commit further fraud on both the investors and the homeowners who received loans from the investors but who executed documentation that raises the presumption that the payee on the note and the secured party on the mortgage actually made the loan when in fact the funding for the loan came directly from investors whose investment was diverted from the REMIC Trusts that issued the bogus mortgage backed bonds.

 If this bill is passed  it will allow any stranger to any transaction to make a claim of ownership or rights in that transaction despite their complete absence from the transaction and despite the complete absence of any reference to them as a third-party or third-party beneficiary. This precedent is something that the state of Florida will pay for many times over. As we have already seen for years in Senate hearings, the media,  and multiple reports published in every conceivable way, the opportunity for moral hazard is not only present, it is actually operating as we speak. Each time another foreclosure is approved it probably is allowing a stranger to the transaction to obtain ownership of the loan or of the house without having invested any money in the origination or transfer of the loan.

Every Florida citizen should be calling and writing their Florida State Sen. and their Florida state representative about this bill voicing their opposition to the banking oligarchy.

SB1666

Tags: due process, Florida legislature, SB1666
Posted in Eviction, securities fraud |