Posts Tagged ‘assignments of mortgage’
CAPACITY, CAPACITY, CAPACITY- READ THE TRANSCRIPT
Author: Matthew D. Weidner, Esq.
There is a major defect in almost every foreclosure case, and it continues even today, this late in the game. We are still allowing unknown, unidentified and unauthorized Plaintiffs to appear in Florida courtrooms and ultimately take title to property.
All across this state, hundreds of millions of dollars in real property is changing hands and shifting around and back and forth between shadowy trusts, ill-defined entities and national institutions, but no one has any idea who these entities are, where they are based, how they are governed and how to track them down when things go wrong.
It all starts with a basic failure in pleading….the failure to plead capacity which is quite simply the failure to tell the court who you are and where your place of business is. All sorts of things flow from this basic failure. For instance many of these Plaintiffs rely on Powers of Attorney to execute documents such as Assignments of Mortgage….one of the problems is that an assignment based on a failed power of attorney is invalid and a power of attorney is not valid when the entity is a trust corporation that is not validly registered to do business.
On a more personal note, I’m trying to collect a judgment entered in my favor against “US Bank, Trustee”, capacity was never plead and now I’m having a devil of a time trying to figure out how to collect this judgment because I cannot track down, “US Bank”. Read the documents below…
America- Just Who Is Getting Bajillions of Dollars in Mortgage Money
Author: MattWeidner
“Oh what a tangled web we weave, When first we practice to deceive”
The memo below is a basic and frankly poorly written motion that I first filed many years ago that challenged the most basic element of foreclosure litigation….the fact that we have no idea who is collecting bajillions of dollars in mortgage payments, foreclosure judgments and title to properties all across this country. The memo is admittedly not well-researched and not well written…it was based more on a hunch and just a nagging sense of trouble in my gut. But that nagging sense in my gut is coming full circle now as we all realize just what a mess the United States mortgage system is in.
Forget about Robo Signers, we’re all going to learn about phantom mortgages, zombie trusts and an old Italian guy….his name starts with “P”.
And just to drive the point home and make the issues real crystal clear, have a look at the sampling of assignments of mortgage below. Mind you these are only samples, the troubling component is that they are representative of the much larger problems we face in trying to unravel this mess. Look carefully at the dates on the assignments. Compare the names on the assignments, the dates on the assignments, the dates on the notary stamps. Ask your own questions and draw your own conclusions.
Who’s To Blame When Mortgages Aren’t Modified or Short Sales Are Not Approved? Noone Knows?
Author: Matthew D. Weidner, Esq.
In far too many cases, homeowners are refused reasonable modifications and short sales are not approved…and nonone really knows why….or who is making the decisions. The article attached here and first published on loansafe.org should have everyone thinking.
Why are we allowing billions of dollars in property and capital be transferred by judicial process to corporations that cannot be identified and who engaged in fraud and potentially criminal acts?
One thing we all need to be far more educated about is the fact that the named plaintiff in foreclosure cases is often times just that, a plaintiff in name only. We know from depositions and the shifty maneuvering of lenders and their affiliates that the real parties pulling the strings are operating in the shadows. We only begin to understand and appreciate that the Plaintiff doesn’t have real interest in the outcome of the case when their courthouse maneuvering is brought to the attention of judges…and this is often met with a shrug of the judicial shoulders.
How many ex-parte Motions to Substitute Party Plaintiff, Assignments of Bids or Post-Judgment Change in Certificate of Title Orders have been entered in courtrooms all across this state and across the country? (The answer is probably tens of thousands, but because no-one is watching, who knows?)
How many Assignments of Mortgage or Endorsement of Note were entered when the authority and veracity of these important documents was questionable at best. (The answer is definitely in the hundreds of thousands.)
How many foreclosure cases have been filed where the capacity of the plaintiff seeking to invoke the court’s power has been properly pled? (By my estimation the number is fewer than 10% of the cases filed in this circuit and I doubt whether this is number is higher in any other circuit.)
I get back to those key questions that continue to perplex me…..
Why are we allowing billions of dollars in property and capital be transferred by judicial process to corporations that cannot be identified and who engaged in fraud and potentially criminal acts?
Why are our circuit courts just ignoring basic elements of rules and law just so they can plow through these foreclosure cases?
Why the big rush to conclude these foreclosure cases? What’s going to happen to all the foreclosure inventory? Who can afford to purchase all the foreclosed REO homes?
For more on that last question, read another article that appeared on loansafe.org that reports lenders taking back more than 4,000 properties per month in South Florida. This number will only accelerate as courts adopt the new Rocket Docket procedures, but what in the world are the lenders going to do with these properties once they get them….I’m thinking it will be a big case of, “Be careful what you wish for, because you might not like what you get……”
Judge Vacates Final Judgment and Sale- Foreclosure Courts are Courts of Equity!
Author: Matthew D. Weidner, Esq.
We’ve all seen it and it happens too often…Borrower is in a formal modification with the lender or servicer or has fallen victim to a foreclosure rescue scam and doesn’t respond to the lawsuit. Unbeknownst to the homeowner, the lender is moving right ahead with the foreclosure sale and their home is lost. This happened to a family in Port Charlotte, but rather than losing everything, Elizabeth Boyle and the Super Foreclosure Heroes from GulfCoast Legal got the good judge to cancel the sale, vacate the final Order and allowed the Defendants to Answer. A copy of the Order is below:
A key point made in the order is that foreclosure courts are Courts of Equity. Keep in mind that this bedrock principle is embodied in the law used by these reckless mills to engage in this widespread fraud. We should all begin quoting the following statute in every pleading submitted before the court. We need to constantly remind our judges that courts of equity are fundamentally different than courts of law…here is the cite:
FLORIDA STATUTES 702.01 Equity.–All mortgages shall be foreclosed in equity.
Courts of Equity- A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.
Next thing that Boyle (and anyone else facing Indymac in litigation) needs to do is challenge the right of Indymac to proceed with the litigation. I’m pretty confident that if we pull back hard enough on the Indymac curtain we’re going to find
INDYMAC HAS NO RIGHT TO PROCEED AS A PARTY PLAINTIFF- THOSE RIGHTS WERE SURRENDERED FIRST TO THE FDIC THEN TO ONEWEST
While we’re on the subject of courts vacating sales, I publish again the fantastic Order Vacating the Order Substituting Party Plaintiff recently entered in St. Johns County.
7th+Cir+Judge+Trayno+USBankvMcCleod-vacatewprejudice
We’re all aware that Plaintiffs are morphing in and out of cases through ex-party Orders, Assignments of Bid and other improper means. We all know that standing is being falsely created through questionable endorsements and improper Assignments of Mortgage. I particularly like the section of that Order that quotes the Rules Regulating the Florida Bar 4.3-3(a)(1)-
“A lawyer shall not knowingly make false representations or fail to correct a false statement of fact made to the court.”
It disturbs me that this rule is being widely ignored and on the much larger level, I am deeply troubled that billions of dollars in foreclosure judgments are being issued to entities that are not properly identified, that change right in front of the courts eyes and which we have no way of tracking or identifying.
JUDGE- EXACTLY WHO ARE YOU GRANTING FORECLOSURE TO?
WHO DOES THE AFFIANT WORK FOR?
WHO SIGNED THE ASSIGNMENT OF MORTGAGE?
WHOSE INCOMPLETE, ILLEGIBLE MARK IS ON THAT NOTE?
WHO PROFITS FROM YOUR JUDGMENT OF FORECLOSURE?
