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Entries from February 28th, 2010

The Anti-MERS Mortgage Manifesto

February 28th, 2010 · 6 Comments · Foreclosure

Greg Clark is a brilliant Clearwater, Florida attorney who has been a practicing title attorney for 30 years.  For hundreds of years, a title attorney’s job was to examine all of the records that related to a property and then issue an attorney’s opinion of title or title insurance policy confirming that if his client [...]

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Judge’s Order Cancelling Foreclosure Sale- What if This Wasn’t Caught? What if The Sale Went Through?

February 27th, 2010 · 2 Comments · Foreclosure

I attach here a copy of an Order signed by Judge Charles Roberts in Sarasota on February 26, 2010.  Please take time to read it carefully.  In it, the judge makes specific findings of fact that the Plaintiff:
1. Failed to show it was entitled to foreclose;
2. Failed to show it was the holder of the [...]

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Dismissals of Cases Based on Fl.R.Civ.P. 1.070(j)

February 26th, 2010 · No Comments · Foreclosure

Across the State of Florida, foreclosure cases are filed and then for a variety of reasons, those cases are not actively pursued by the Plaintiff or the attorneys that filed the case.  There are any number of reasons why a Plaintiff may choose not to pursue a case, or not be able to pursue a [...]

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Lender Processing Services- Another Chink in The Armor of The Foreclosure Fraud Machine

February 26th, 2010 · No Comments · Foreclosure

Lender Processing Services is a publicly traded company that supports mortgage and lending institutions across the US.  As a publicly traded company, they are required to disclose certain liabilities to the public….the following disclosures come from the LPS form 10k filed with the SEC.  When LPS is acting as an agent for lenders….those lenders will [...]

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Mortgage Foreclosures…Are Assignments of Mortgage Even Necessary?

February 26th, 2010 · 2 Comments · Foreclosure

A brilliant Clearwater, Florida attorney (Greg Clark) has been making a complex and sophisticated argument against the Plaintiffs of foreclosure cases that I frankly struggled to understand.  Boiled down to simple points, the argument is that a mortgage transaction is based on two documents, 1) a note or the obligation to repay the money; 2) [...]

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A Brilliant Judicial Decision- Sixth Judicial Circuit of FL- Motion To Dismiss Granted!

February 25th, 2010 · No Comments · Foreclosure

The secret is out, judges in the Sixth Judicial Circuit of Florida have their judicial robes firmly around the foreclosure crisis and are applying and enforcing existing and new laws that apply in mortgage foreclosure actions. In the face of a growing body of evidence that documents and “evidence” presented by lenders and their attorneys [...]

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Bogus Foreclosure- The Press Is Picking Up- Courts Are Next- Take Back Our Courts!

February 24th, 2010 · 1 Comment · Foreclosure

By Tom Lyons

Published: Tuesday, February 23, 2010 at 1:00 a.m.
Last Modified: Monday, February 22, 2010 at 7:30 p.m.

The way a Sarasota man almost lost his home after bogus claims by out-of-town foreclosure attorneys made a good front-page story.

//

It may be rare that Berta got a judge to [...]

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Foreclosure Case Killer- The Subpoena Duces Tecum

February 24th, 2010 · 10 Comments · Foreclosure

The cat is way out of the bag.  The lenders and banks that brought our country to the verge of collapse with fraud, misrepresentation and lies have now brought these same practices into local courtrooms.  Every day judges who sign foreclosure orders are confronted with legal pleadings that do not conform to the most basic [...]

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Bank and Lender Try To Improperly Evict 70 Year Old Veteran And Toss Him Out On Street

February 23rd, 2010 · 1 Comment · Foreclosure

This disgusting story was first reported in the Sarasota Tribune then on 4closurefraud
By Todd Ruger

Published: Monday, February 22, 2010 at 1:00 a.m.
Last Modified: Sunday, February 21, 2010 at 10:55 p.m.

SARASOTA COUNTY – William Berta could be among the most findable people in the world.

//

The 70-year-old has lived in his [...]

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Widespread Assignment / Notary / Foreclosure Fraud- Deposition of David Stern Employee Cheryl Sammons

February 22nd, 2010 · 14 Comments · Foreclosure, Uncategorized

I’ve been yammering on for months now about how Plaintiff’s law firms are engaging in widespread fraud and misrepresentations as they improperly create and submit documents to courts across the state that purport to support their right to take a homeowner’s home.  This widespread problem has only recently become apparent but attorneys and judges are [...]

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