Posts Tagged ‘daniel rock’
THE MOST IMPORTANT FORECLOSURE CASES IN FLORIDA COURTS!
Author: Matthew D. Weidner, Esq.
Tomorrow’s Oral Arguments before the 5th Circuit Court of Appeals, beginning at 9:00 a.m. is one of the most important appellate foreclosure cases to be argued in a very long time.
Along with Verizzo, BAC Funding, Frost and Regions, this case has the distinct possibility of changing the landscape for foreclosure defense not just in this state but nationwide. Indeed the eyes of the entire country are focused on this important case….and you have the opportunity to see it all go down live. I am profoundly grateful to the community of foreclosure defense advocates who are fighting to hold the practice of foreclosure law to the very highest levels of professionalism and practice. It is a tremendous honor to be part of this experience, and I am especially grateful to April Charney, Greg Clark, George Gingo, Randal Reder, Daniel Rock, Dominic Salfi, David Acosta and all the other committed advocates who have supported this effort.
Log on and participate in this fundamental and so very important part of our American judicial experience!
After arguments, I will be again posting all cases relied on and other important documents. Today I want to share with you an important document that includes many of the most important cases that any advocate needs to know in every single foreclosure case.
This comprehensive share of documents can be found here:
TABLE OF CASES-Weidner (Mortgage)
Next, here is a very important case that deals with he unfortunate and all too common situation when homeowners working with their lenders to resolve foreclosure and do not participate in their foreclosure case, believing that their loss mitigation efforts count as their response to the case. A homeowner should be relieved from this error, as indicated in the case here:
News Alert- Wall Street Has Been Blocked Off With “Crime Scene” Tape
Author: Matthew D. Weidner, Esq.
The gig is up, the word is out and the timing couldn’t be any better for our Homeowner’s Rights Rally in Tally, Wednesday April 21, 2010 beginning at 9:00 a.m on the “Old Capital” side of the Capital. More information on exactly where the buses will leaving from will be published later, but the Team Ice buses out of West Palm will leave early, very early Wednesday morning/Tuesday night. In terms of formal agenda while at The Capital, there is none and really cannot be..we just have to roll with the legislative calendar and understand the demands on our legislators time…..we get to speak with them and meet with them when they are able to fit us in. There are many other important issues that they must resolve in addition to ours. (Like that budget hole based on falling real estate property values and declining sales receipts.
The morning news wires and papers are alive with news of more investigations….this time the Wall Street Journal announces the Feds are investigating Countrywide Home Loans. Last week it was Goldman Sachs.
The Homeowner’s Rights Bar Is Investigating A Formal Petition to Either the Florida Supreme Court or Federal Court to Block Pursuit of All Foreclosures
The Federal Investigations are going to keep rolling out and rolling out and rolling out. Florida’s Circuit Courts are Courts hearing foreclosure cases are Courts of Equity. That not be one more basis we use for a formal legal challenge to the continued pursuit of foreclosures….the widespread nature of federal criminal investigations certainly suggests that Courts in Florida cannot do equity while those seeking reward in courts are under such investigations.
Another basis for our growing legal challenge is the fundamental harm the current wave of foreclosures is doing to title to real property in Florida. For more on Greg Clark and Daniel Rocks very detailed analysis on why foreclosures should not continue under these circumstances, see below:
Rally in Tally- Why It Is Absolutely Necessary For You To Come With Us~April 21, 9:00 am
Author: Matthew D. Weidner, Esq.
So in case you’re living under a rock (can the banks foreclosure them to?) you’re probably aware that a large (and growing) group of attorneys, advocates and Passionate Pro Se Patriots are having a little pilgrimage on our State Capital this Wednesday. This whole thing came together so quickly that details are being worked out on the fly. This much is certain:
1. We have buses (Thank You Team Ice!) leaving the West Palm Beach area late Tuesday Evening.
(Exact time and locations to be determined. Those that can get on those buses, great. Otherwise join in the caravan.)
2. We have buses leaving West Florida (Thank you Mark Stopa and his Stay in My Home Firm)
3. These buses will be making stops in cities across Florida to meet with people and help drive our message. (Locations and times to be determined.)
4. We will make a difference and our voices will be heard by our legislators in Tallahassee!
So what was it that brought all this about? What drove those involved to start this? And why is it absolutely necessary for every Floridian to come be a part of this?
1.Shining a Light on Fat Cat Bankers
By now you should be aware that Fat Cat Bankers tried to slip through legislation that would have allowed them to detour around our courts (where judges are increasingly slamming the banks and their foreclosure mill lackeys for grossly abusive, fraudulent and potentially criminal conduct. The heat from Circuit Court, Appellate Court and Bankruptcy Judges is really coming down on them.I frankly think they know the bad decisions and conduct now being investigated is just the tip of the Team Iceberg….they know that as more judges catch on to the gross fraud being perpetrated their courtrooms, they’re going to shut them down entirely…..so we better push through a non-judicial option IMMEDIATELY.
Anyway the Fat Cat Bankers sitting in a back room chomping on Cigars, drinking martinis, conspiring to take Floridian’s homes was not something we could live with. WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.
2. Giving Team Ice a Fair Hearing
I called Team Ice because, as I’ve said before, they are doing the best foreclosure defense work in the state. Problem is their work is so good, the issues they highlight so earth-shattering that they’re having trouble getting full hearings of their issues in courtrooms across the state. I feel like some of the judges just want to plug their ears, close their eyes, shake their judicial heads and say, “No, No, No, This (real, admissible) evidence you’re bringing me, these depositions you introduce, these pleadings you file…they can’t be true” Problem is it’s all true. WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.
3. Supporting Our Judges Who Want to do The Right Thing
A big , fat, steaming mess of a legal crisis has been dumped in the chambers of judges across this state. The legislature is not doing enough to support them. Their staff and resources are stretched absurdly thin. They simply cannot do their jobs properly given the lack of support from the Legislature and the intense pressure they’re facing to, as Pete Dunbar say, get foreclosures done, “quicker, faster, better”. We all need to remember that judges must be neutral…we cannot have them (and I do not want them) becoming advocates for defendants. I hate to say it but it’s true, the case law supports that they cannot advocate for one side or the other, no matter how glaring and apparent the systemic fraud that exists. We want every foreclosure case properly defended and we want judges to have the support they need to do their jobs properly….they don’t have it now so WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.
4. Being a Voice of All Those Who Are Unrepresented
Foreclosure Fraud Fighter and owner of the Pro Se Patriot Site 4ClosureFraud.org shared with me her frustration at observing cases in courtrooms in West Palm Beach county and seeing first hand just how badly peoples rights were being trampled. Now these unrepresented people had no advocate for them, and no one was raising their issues, but the pain she felt as each case proceeded through the Summary Judgment docket was real…I feel that pain to0 as I sit in courtrooms and watch homeowners lose. I know the judges don’t want t do what they are duty bound to be doing….but they have no options under this current system so….WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.
5. Heading Off A Bigger Crisis Down The Road
This is not just about defending homeowners and individuals. This is about protecting one of the Key Cornerstones of American Law, Economics and Public Policy. The current mess created by the foreclosure crisis is causing FUNDAMENTAL INSTABILITY IN THE REAL PROPERTY OWNERSHIP SYSTEM……we’re not just content to sit back and watch this train wreck unfold in super slow motion time….WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.
Understanding just how vulnerable this crisis makes our fundamental right to own property is a bit hard to wrap your heads around, so I’ve attached a video here from Foreclosure Fraud Fighthers and experts in title law Daniel Rock and Greg Clark (Both of whom will be in Tallahassee)..listen to a cold, calm, reasonable explanation of why we must transform this foreclosure mess NOW:
