Matt Weidner – Fighting For The American People

Archive for the ‘Laws’ Category

It looks like the Florida House of Representatives will move on Wednesday, February 8 to hear the Florida (un)Fair Foreclosure Act.

The bill number currently under consideration is Committee Substitute for House Bill 213.  Please take the time to read the bill in full here.

PLEASE, PLEASE, PLEASE CLICK HERE AND CALL THESE LEGISLATORS

It is expecially important to call the chairperson Dorothy Hukill and make sure she knows this is a bad, bad bill:

Capitol Office
204 House Office Building
402 South Monroe Street
Tallahassee, FL 32399-1300
Phone: (850) 488-6653

But make sure you hit all the legislators on the committee.  They need to know that this bill it toxic and will be very, very controversial. It is still being amended and more bad news is being thrown into this every day.  The bottom line is it is a reward to the banksters that caused all this mess, paid for by the little guy.

Among the most disturbing aspects is that it would turn some foreclosures into “show cause” proceedings that could deprive a homeowner of the right to raise defenses and could result in a sale in as little as 90 days!

The bill would require some Defendants to make payments to the pretender lender as a condition of having their voice heard in court.

The bill would apply to all foreclosures currently pending

DO IT CALL THE MEMBERS OF THE COMMITTEE BEFORE WEDNESDAY

We all know Florida is developing some….ahhh, interesting “legal” theories.  One notable new legal concept from the Sunshine State is called,

“there’s no such thing as forgery, we call it “surrogate signing” down here”

(except that wait a minute isn’t that what AHMSI is suing LPS for?)

and then there’s this other one called,

“there’s no such thing as notary fraud down here we call it, “not illegal to violate the express terms of Florida’s Notary Law”

and then one of my favorites:

“banks can kick down doors whenever they damn well please, don’t worry with any court case, much less an Order”

If it all sounds rather scary and lawless and anarchy-like, well, you’re right.  It is indeed quite terrifying to live in a state where blatant White Collar Criminal Lawlessness has replaced hundreds of years worth of a state’s developed body of statutory and case law.  Where citizens and consumers lie helpless in the face of corporations and an entire system of government that is turned squarely against them, bought off and corrupted as it is by campaign cash.

Yes sir, if you want to see the very worst form of White Collar Criminal Oligarchy that bankster money can buy, well just turn your gaze down here to Florida and you’ll find a perfect case study….everywhere you turn.  And the world is indeed watching.  There are still a few people who give a damn.  A few strong and brave voices who dare to stand up and point out the insanity and danger in all of this.

I find it most regrettable and frankly terrifying that we live in a state where such lawlessness is the accepted state of affairs. I hope that our northern brothers and sisters, all fellow Americans, will not abandon all the good people who live down here and who suffer under this tyranny….take note of what some quite esteemed and authoritative sources say about the state of affairs:

Wow. So LPS used the whitewash IG report from Florida to justify the dismissal of their lawsuit in Nevada. And remember, LPS lobbyists more recently urged the Florida AG’s office to intervene on their behalf in a criminal case in Michigan. The connections between the FLorida AG’s office and LPS just continue to grow.

This also happens to be BS.

Firedoglake

Just to show how bizarre and Alice in Wonderland this world is becoming, Mitt Romney went off his talking points and gave credit to Pam Bondi for something she is absolutely not doing….going after the banks…..

“Where there has been fraud, where people who entered into a mortgage arrangement were mislead by institutions or by individuals — why, there should be an effort to go after those institutions and prosecute them,” he said. “That’s something that Pam Bondi is doing here — the attorney general of Florida — (ummm, no sorry Mitt, she’s not doing a damn thing….except letting them skate away…..) and is hopefully being done in other states as well. Secondly, the banks ought to show greater flexibility in being able to renegotiate with those people who have circumstances that would justify that renegotiation. The banks seem to be paralyzed — I talk to bankers, community bankers and ask why are you not able to work through some of these problems? They say, in part, they’re frightened about what’s happening with Dodd-Frank, and taking actions that may put them in peril.”

SLATE

NO WAY THIS WILL EVER PASS……

 MAX GARDNER’S TRUTH-IN-MORTGAGE DOCUMENTS ACT

1. On every Mortgage Assignment, and every Missing or Lost Assignment Affidavit, filed in the Official Records of any county in this State, or filed in any Court in this State, each signer, including any witness or notary,  must sign his or her own name, regardless of any authorization by any individual or entity to sign any other name.

2. On every Mortgage Assignment, and every Missing or Lost Assignment Affidavit, filed in the Official Records of any county in this State, or filed in any Court in this State, each signer, including any witness or notary, must set forth his or her actual job title, and the name of his or her actual employer, regardless of any authorization by any individual or entity to state any other job title or employer. Any individual signing as an officer of Mortgage Electronic Registration Systems, Inc. (“MERS”) must state the name of the Principal/ Lender providing the individual with the authority to act as its “nominee” and must also attach written with proof in proper form for recording or filing confirming that said Principal/Lender is then an active member of MERS in good standing in addition to setting forth his or her actual job title, and the name of his or her actual employer.

3. On every Mortgage Assignment, and every Missing or Lost Assignment Affidavit filed in the Official Records of any county in this State, or filed in any Court in this State, each signer, including any witness, must set forth his or her actual work address, including city, state, zip code and contact telephone number at the time of the signing, regardless of any authorization by any individual or entity to state any other address.

4. On every Mortgage Assignment filed in the Official Records of any county in this State, or filed in any Court in this State, the effective date of the Assignment must be plainly and exactly set forth by day, month and year.  Effective dates such as “On or before” are not permitted.  Effective dates that pre-date the date of the attestation of the document by the notary are likewise  not permitted.

5. On every Mortgage Assignment, and every Missing or Lost Assignment Affidavit, filed in the Official Records of any county in this State, or filed in any Court in this State, each signer, including any witness or notary, must sign his or her own name, using a full signature stating his or her first, middle and last name, or first and last name if applicable, and may not use initials or abbreviations or marks of any king, regardless of any authorization by any individual or entity to sign using initials, abbreviations or marks.

6. Each and every violation of this statute shall be deemed an Unfair and Deceptive Act and Practice under applicable North Carolina law and each and every such violation shall be deemed a distinct and separate violation subjecting the offending individuals and their actual employers to statutory damages of up to $4,000.00 per violation, plus actual damages and legal fees.

7. The provisions of this statute shall apply to duly licensed attorneys at law as licensed by the North Carolina State Bar and all employees, agents, officers, paralegals, vendors, third-parties or out-source providers acting under their control or pursuant to their instructions.

8.  Effective Date: This act shall be effective within 30 days of the date the Bill is duly signed by the Governor of North Carolina and shall apply to all acts or filing inconsistent with these provisions on or after said date.

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ALAN GRAYSON