Matt Weidner Blog

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Entries Tagged as 'bac funding v. us bank'

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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Affidavit and Assisgnment Fraud- BAC Funding v. US Bank- The Unpublished Reply Briefs!

February 22nd, 2010 · 2 Comments · Foreclosure

Courts across the country have been granting banks foreclosure when they have scant evidence or documentation to support the granting of foreclosure.  Let’s be clear what’s happening here.  When a judge grants a Plaintiff foreclosure, that’s a claim that potentially puts hundreds of thousands of dollars in that Plaintff’s pocket.  Not so long ago, it [...]

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The Three (Now Four) Cases That Form The Basis For Foreclosure in Florida

February 18th, 2010 · No Comments · Foreclosure

For years, perhaps decades, it was a relatively simple matter for banks to take homes back in foreclosure. They appeared before a judge, demanded the home and the judge granted it.  Up until very recently, there were not many appellate court decisions that addressed foreclosure cases and the procedures adopted by courts that allowed foreclosures [...]

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Garbage Pleadings Are a Part of Virtually Every Foreclosure Case In Florida

February 17th, 2010 · 1 Comment · Foreclosure

Garbage in = Homeowner Out
The typical foreclosure case filed by any one of the foreclosure mills across the state like David Stern, Marshall Watson and Florida Default Law is an unprofessional mish mash of conclusory and often inconsistent statements from which no court should enter summary judgment against a defendant.  The pleadings within the complaint [...]

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Judges in Pinellas County Have Begun to Deny Defendant’s Motions To Dismiss Without Hearing- A Stunning Denial of a Homeowner’s Fundamental Rights!

February 16th, 2010 · 18 Comments · Foreclosure

Ex-Parte Orders Denying Motions To Dismiss- THE COURTHOUSE IS CLOSED TO LOCAL HOMEOWNERS WHO PAY TO KEEP IT OPEN!

Last week I reported a rumor that judges in Pinellas County were going to begin denying Motions to Dismiss without having a hearing on the matter and accordingly, without fully considering the legal issues and facts contained [...]

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