Matthew D. Weidner, Esq.
A graduate of the Florida State University and the Florida State University College of Law, Mr. Weidner first served as counsel to several statewide professional organizations before entering private practice in Jacksonville, Florida. A partner in the firm, Weidner, Bowden & Weidner, P.A. his scope of practice included administrative law, civil litigation and real estate litigation and where he represented individuals and corporations in a wide range of complex legal matters. Mr. Weidner was admitted to the Florida Bar in 1999 and is admitted to practice in the Federal Court, Middle District of Florida, Northern District of Florida and the United States Court of Appeals for the Federal 11th Circuit in Atlanta, Georgia. Mr. Weidner has been practicing civil litigation since 1999 and has represented clients in foreclosure, consumer and commercial finance transactions and civil litigation since that time.
Other Associations and Charitable Involvement
Ironman and the Challenged Athletes Foundation
In 2009 Matt Weidner competed in the Florida Ironman 70.3 http://www.floridahalfironman.com as a member of Operation Rebound and the Challenged Athletes Foundation (CAF) http://www.challengedathletes.org
CAF is dedicated to helping athletes with disabilities compete in athletic events across the country, and Operation Rebound is dedicated to supporting veterans and first responders who have suffered permanent injuries in the line of duty.
Ironman 70.3 World Championships
http://ironman.com/worldchampionship70.3
The Ironman 70.3 Series culminates with its world championship in Clearwater, Florida on November 14, 2009. More than 1,800 domestic and international competitors earn the right to compete in the Foster Grant Ironman World Championship 70.3 by qualifying at one of the 31 Ironman 70.3 events held around the world. Matt Weidner will race in this event in honor of the Challenged Athletes Foundation and all the incredible athletes who show us that physical limitations are merely obstacles to overcome.
Post 911 Foundation
http://www.post911foundation.org
Matt Weidner serves as counsel to the Post 911 Foundation a Non-Profit Organization dedicated to honoring and assisting first responders and veterans who have served our nation in the aftermath of 9/11. We endeavor to create grass roots awareness, community support, and tangible assistance for members of the Military, Government, Police, and Firefighter communities, as well as other great Americans who have answered the call to duty since the attacks of September 11, 2001.
Florida Bar Prepaid Legal Committee
Matt Weidner has also served as a member of the Florida Bar’s Pre-Paid Legal Service Committee since 2006 with a term that ends in 2007.
Matt Weidner is also a member of the St. Petersburg Bar Association http://www.stpetebar.com/
The St. Pete Mad Dogs, the world’s largest triathlon club http://www.stpetemaddogs.com/
and the St. Petersburg Bicycling Club http://www.stpetecycling.com/.
Matt Weidner is a member/agent of Attorney’s Title Fund/Old Republic Title http://www.thefund.com and the Bay Area Real Estate Council http://www.barec.com
CONTACT US
1229 Central Avenue
St. Petersburg Florida 33705
Phone: 727-894-3159
Fax: 727-213-6235
NEED HELP RIGHT AWAY?
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727.542.5571
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Hi Matt How do I link to that forclosure report again ?
love the blog!!!
thx kid….hope you have a great 2010! My marathon is Jan 31 in Miami, then Escape from Alacatraz Tri….big fun!
Thanks for seeing me at such sort notice.I have finally opened the page from Bank of America Online Short Sale System. The web site sent was incorrect. http://www.BankofAmerica.com/ShortSale therefore, after several attempts I got it open at https://shortsale.bankofamerica.com.
The ‘Short Sale Processing’ home page does not appear to have any click buttons to continue on with, I got the impression from you that there would be pages of information requied by them to be completed. Have I got the right website?
1.Provide initial offer 2.Select Real estate agent. Is all that is on this page. Please advise.
Dear Matt,
Your Blog is very instructive and you always add some of your humor to lighten things up .
Ive spread your blog to Livinglies. Foreclosure Detonator ..my name there is L.Fitzgerald ,
and the Foreclosure Hamlet . My name over there is Luigie .I saw the other day ..that you became a member. Thank you for giving so much to the public.
Do you have a place or source where I can find a template form that is used to start/ submit the Appeal filing [ the first few steps... ]
I’ll appreciate it .Thank You ,
Luis 57 ProSe
L.Fitzgerald
Luigie
Thank you and keep a look on the blog, I’m posting some good pro se appeals briefs.
More brilliant work by Paul L. Muckle…..
http://www.foreclosurehamlet.org/profiles/blogs/are-you-sick-of-your-banks
Dear Matt:
I am Shawn Wayne’s dad. Meet you a Jessie Berkowitz’ party a while back and we spoke.
You are doing some excellant work. I read all about you all the time.
I do foreclosure defense of the Dade County Legal Aid and Cuban American Bar Association Pro Bono Program and some private investors.
Shawn is clerking for me now here in Miami. Been accepted at Barry University Law School and St. Thomas. He is waiting to hear from Nova before he makes a decision.
Thanks again, I enjoy your Blog.
I remember you well, and thank you. This is a fascinating area of the law right now. Who would have ever thought real estate would be so exciting…anywway, I’m going to share your contact with someone that just asked me for a referall in Miami.
Be Well!
A complete listing of MERS Board of Directors and A-Z of Member Banks
http://chinkinthearmor.net/2010/03/04/list-of-mers-board-of-directors-and-a-z-list-of-mers-member-banks/
A complete listing of MERS Board of Directors and A-Z of Member Banks
http://chinkinthearmor.net/2010/03/04/list-of-mers-board-of-directors-and-a-z-list-of-mers-member-banks/
Thanks for all you do. Your posts are extremely helpful for pro se’s learning as we go.
How do I contact someone about Duetsche Bank class action lawsuit.
I am in foreclosure with Duetsch bank!
Matt,
Great website & blog! There’s a lot of useful information on short sales & foreclosures here & I’m encouraging my customers to visit your site. Selling real estate in today’s market is challenging at best, and the customer needs good legal information
Thanks for all!
Arlene Fuino
Coldwell Banker Residential Real Estate
St. Petersburg, FL
(727) 742-1529
Matt,
I sent to a foreclosure defense atty. your posting with the URL of:
http://mattweidnerlaw.com/blog/2010/03/judge-just-who-are-you-granting-foreclosure-to/
This was that atty’s. reply:
Bruce,
You need to read what you read on the web with a box of salt crystals.
The supreme court case referenced by Mr. Weidner does not do what Mr. Weidner says it does. In fact, there are a half dozen reported opinions from all over the country that reject Mr. Weidner’s conclusions as to the required result of the SCT decision.
The SCT opinion says that the State has the right to sue banks for violation of State laws. This part of Mr. Weidner’s conclusion is true. But the entirety of the decision resolves only that question: Does the State have the right to bring an action to TRY to enforce State laws?
The answer to that question is now yes.
But the second step is for the State (or for private attorneys general – borrowers) to enforce those state laws. When you head into that fight, you run headlong into specific and clear federal statutes that directly preempt state law.
END OF ATTY’s REPLY
I’m not interested in instigating anything here or elsewhere. I’m only interested in reading accurate information dealing with foreclosure defense and I believe that each of you are interested in delivering the same. If you care to respond, I will gladly pass along your response along to the other atty.
Thank you.
There is much in dispute with these cases and, to a certain point, your attorney is correct…the case law is not entirely clear. What is clear is the judicial thought is shifting and…as we see from the near constant stream of appeallate court and bankruptcy opinions….the tide is shifting against lenders. We must see where the appellate courts are going….not where they are right now…in order to frame winnable arguments at the trial court level…things to keep in mind about standing in capacity….if the lenders are on such solid legal footing, why are they changing their practices?
There is much in dispute with these cases and, to a certain point, your attorney is correct…the case law is not entirely clear. What is clear is the judicial thought is shifting and…as we see from the near constant stream of appellate court and bankruptcy opinions….the tide is shifting against lenders. We must see where the appellate courts are going….not where they are right now…in order to frame winnable arguments at the trial court level…things to keep in mind about standing in capacity….if the lenders are on such solid legal footing, why are they changing their practices?
I like to read me of your good blogs. keeping them coming.
http://www.youtube.com/watch?v=0WeB2klekfo&feature=player_embedded
Matt,
Does a forged bill of sale for my home coupled with a possible wrongful foreclosure /MERS tier give me a preayer. By the way the home was moved a 1890 historical one to the property bought by the x-girlfriend not me and later a construction/loan paid off but financed with GBT sold to BBT then refinanced to HSBC lastly then foreclosed upon and bought back at sale by HSBC for some $30,000 more than the loan refinanced and then either title insurance policy collected upon or it was sold to FNMA
fannie mae . Big mess HUH?
Do you have any suggestions I do have a copy of the foreclosure Deed and it is recorded in Georgia Gwinnett, county but signed in Hillsborough, County Florida WHY since FNMA is headquartered in Texas
Any help would be most appreciated .
By the way as of May 1, 2010 no longer will MERS be included in fannie mae foreclosure processes . WHY do youhave possibly any answer to this issue?
I look forward to hearing back from you you can e-mail to ttcb77@yahoo.com
thanks so much Jerry 404-246-8518
All very questionable and when these bad facts come before a judge he should reconsider moving forward…find a local attorney right away and good luck!
Hey Matt,
Considering a strategic default due to being 34% underwater (At least $100,000) and having lost much of our retirement money in the market. Also, I’m 53 yrs. old & I need to work fast. I may be losing my job in 12-18 mos. Any suggestions?
Nice work
Matt,
From one foreclosure defender to another, great job!! If only we could get more homeowners to fight! The fighting “1%” is largely and wildly successful in my firm. Any ideas on how to get the word out to homeowners that there is hope?
Continue fighting the good fight! If you need info from the 12th Judicial Circuit (Manatee, Sarasota, DeSoto), please, just ask!
Sincerely,
Crystal
Crystal,
I sit down with desperate homeowners every day from North Port to Sarasota to Tampa and to Orlando.
Homeowners WANT to save their homes.
Here’s the problem: they (and I) struggle to find affordable, competent legal help.
For about 18 months I referred property owners to a firm out of Orlando that now has morphed into a Stern-like paper mill with no coordinated FD approach…other than to DELAY foreclosure.
That is THEIR fee justification…delay it and justify the money.
If Matt, you and IceLegal (et al) and others offer a legitimate, affordable strategy, I will listen and help you.
Sadly, I have spent way too much time sitting with attorneys who only recently have become foreclosure defense “experts.” It’s pitiful when I know more about FD than they.
Call or email me.
Mike
There are a lot of jumping on the bandwagon attorneys, and while there is some not great legal work out there…the bigger problem is the huge number that do not defend at all.
I can only say to research your attorney well, ask hard questions and see what they put in writing.
My blog is my digital handshake and it’s there for all the world to see.
I believe in what I’m doing and anyone a consumer hires should hire an attorney that does.
Thank you attorney weidner for being a “Hero among us.” The american people seem to have NO voice anymore, and these bills seem to get rushed through, so we are at times, not even aware of what is happening.
Thank you for sticking up for us little guys!
I wanted to see if i could get a little feed back. I live in holmes county Florida and have been fighting HSBC for my home since August 2008. I have already been to court before the Judge twice now. The first time I represented myself with info off livinglies web site. I had good reason to believe HSBC is not the holder of my note and had no proper standing. the judge did not sign their summary judgement against me stating I had raised legit issues. He did say “You need a lawyer!” I dont have money for a priced lawyer. I was defended by legal aid the second time in court. HSBC ignored a demand for production, producing a shoddy corporate assignment dated after the foreclosure filing. Also stated “filed original mortgage note” And when the Judge went to look at it, it was not there! Now legal aid says HSBC does not want to litigate they want to offer me a modified loan. Can an entity that does not have any proof they ever owned your loan modify it? I did contact the attorney General here in florida way before this ever went to court to complain about being given a predatory loan and the response was ” American home Mortgage services is my note holder.” I dont even know how HSBC got anywhere in the picture.
Hey all. I’m new here and I’m from California. Dang, HSBC is just foreclosing on behalf of everyone!
I just saw this morning that there appears to be a class action lawsuit against Wells Fargo. I haven’t participated yet as I tore a muscle and can’t get up to my office, but here’s the link:
http://www.examiner.com/x-33820-Long-Island-Libertarian-Examiner~y2010m2d13-Wells-Fargo-faces-multibillion-dollar-class-action-lawsuit
Let’s get ‘em back…they’re stealing our homes!
david stern is just doing exactly what william foley had done with fidelity. Title insurance and evetually will control all property records in the united states and mexico. They love to brag about his conquests controlling all the land in america. fidelity has been on a buying spree way to much capital were have the funds come from.NEXT STEP WILL BE PRIVATELIZING ALL COUNTY LAND RECORDS.
I recently printed your post regarding the subpoena and motion to strike affidavit of Christopher Spradling in the case against Annabel Montgomery.
Can you email me or post the documents that were actually filed with the courts that shows the case #?
This lawyer did not answer any questions or observations about thiss final letter I sent to the bank’s attorney. I believe that I have proven that they altered the note. I need your help. Please respond to my email that I sent to you along with a pdf of the letter below, which contains all the information, some of which is missing on this blog post.
Dear Ms. Pxxxxx,
It was nice to meet you, yesterday and thank you for providing me with the documents, of which, seem to be the original papers that were signed, but not the original document. In accordance with Section 341 of the bankruptcy code, it was my right to see the unaltered original document and in this document, as you know, we found alterations, which are as follows:
A. Page 1 of 13 of the Note
i.) We have discussed the alterations noted in the picture below.
ii.) INDIVIDUALLY AND …” and the * next to Elise’s last name was typed in on this document, which is plainly clear on the original document.
iii.) Then, somebody, underlined our last names and wrote by hand (Grantee)
As far as paragraph A is concerned, there is no good reason why our last names are underlined, by hand and the * typed in by Elise’s last name. Also, a question that we did not ask, why and to what section in this document does the handwritten (Grantee) apply? Is it to replace the Borrower (above) or the Trustee (below)? (Grantee) is added, but nothing is lined out, why is this? This (Grantee) issue is also material. There are NO initials beside any of these alterations. Therefore, the alterations occurred sometime after the documents were signed and notarized.
B. Page 12 of 13 of the Note
i.) This alteration was not discussed. As I saw, yesterday, it is apparent that the same information was typed into the document as was the information in paragraph A. Please note: the font appears to be the same, but maybe smaller than the computer generated font. The space between the letters has a smaller width. And the boarder on the left side of the signature block is not in line.
As far as paragraph B is concerned, if you want to prove that this section of the document was placed in before Elise signed her name, thus proving that she was aware of the addition; have a forensic examiner scrutinize the area where the G in Elise’s signature overlaps the T in TRUSTEE (the typed in section), which I have circled in red.. By doing this, the examiner will be able to state whether the T was typed in prior to Elise signing the document or after.
Yesterday, you noted that our copy of the contract was not executed. True. However, the bank manager who was present at the signing gave us this copy of the document and stated that except for the signatures, this is an exact copy of the contract. We both looked at the unsigned and executed documents and agreed that it was an exact copy. The alterations in paragraphs A and B were not in either document at the time of the signing.
Also, yesterday, you noted that these changes are not material. If that’s your thinking, then hypothetically, take the alterations out of the document. By doing this, you will not be able to foreclose on the property because the property is in a trust. Individually, yes, the bank can come after us, but not the property. So, these alterations are quite material. Anyway, material or not, alterations were made without our knowledge or consent.
Finally, yesterday, you asked me if I had proof that alterations had been made. We are giving you all the proof you need. However, it is not up to us to prove that the documents have been altered; it is up to Bank of America to prove that they have the original documents, which it does not have because the original documents were destroyed once the unauthorized alterations took place. Could this be the reason why in your initial letter (October 7, 2009) to us you wrote, “Take notice that the original note evidencing your indebtedness has been lost, misplaced or destroyed and is unavailable”, because the Bank has knowledge that the note had already been altered?
It is also very interesting that on the “Fairfax County Circuit Court, CPAN Cover Sheet v2.0” that you sent to us was pulled on 7/25/2007 (as noted at the bottom of the sheet). Also note that on the first line (Instruments), the word TRUST is below it. The sheet was pulled approximately seven weeks AFTER we had signed the contract. Just an FYI: CPAN is a website where registered users can access county records, for example, Land Record Documents; who owns a piece of property. They must have found that the property was held in a trust, at this time.
Why did the bank go to this website and pull information about the property, seven weeks after the deal was signed? It is simple to imagine: The bank employee handling this contract was probably inundated with this type of paperwork and just forgot to add in the correct information before the signing, let alone looking through the County website to check the ownership status of the house. He noticed his errors and typed/wrote in the corrections. He had plenty of time to accomplish this; we signed the document on May 18, 2007. He checked the County website on July 7, 2007 and then sent this file to be recorded at the Fairfax County Circuit Court on August 1, 2007.
Finally, if you proceed with the foreclosure process, we will file a complaint with the Attorney General of Virginia because we believe that this constitutes a fraudulent act. When proven and if the Attorney General fails to do so, we will go to the Post Master General to have them begin a mail fraud investigation.
I know that we are not finished with this, so as discussed yesterday, I would like to have a copy of the Banks Consideration and the Allonge with all endorsements.
If you have any questions regarding my requests, please send in writing.
NOTICE OF PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL