Matt Weidner – Fighting With The American People

Posts Tagged ‘fight foreclosure’

Jesus and the Cleansing of The Temple- And Why We Need A Cleansing Today

My house will be called a house of prayer for all nations.—Isaiah 56:7 , But you have made it a den of thieves—Jeremiah 7:11

On of the first and most important events in the New Testament, and in the new movement called Christianity was the so-called cleansing of the temple.  Remember that Jesus was a Jew and that Christianity is essentially a Jewish reformation movement.  One of Jesus’ principle disputes was that the Jewish leadership was abusing her people.  Nowhere was this more evident than in the temple where the money changers were chiseling the illiterate followers then selling them products they couldn’t afford and that they should not have been led to purchase.  It is important to note that as much as Christianity was a religious movement, it was also an economic and social movement.  It is also terribly interesting to note that the events described in four gospels are the only time when Christ shows real anger. Of all the persecutions and wars and conflict described in the Bible, it was the abuses of the money changers in the temple that sent Christ over the edge and propelled him into fits of anger.  Click on this link Cleansing of The Temple for a detailed explanation of the first cleansing.  Like the real event as described in the Bible, what you’re witnessing today playing out in our foreclosure courtrooms and in the streets is the beginning of a revolution…a radical challenge to the existing societal, political and economic norms….I believe what is coming is a modern day Cleansing of The Temple.

2010 Wall Street’s 4th Most Profitable Year!

Now let’s look at what’s happening in this country today.  I am just seething with rage and anger at the dramatic divide between Main Street and Wall Street.   I am angered enough by the suffering I see on Main Street.  I am also angered by the absurdly irrational, dark and sinister forces I see playing out every day while the banks and institutions toy with and taunt the American people.  But what has just pushed me absolutely over the edge and what propels me into fits of anger is knowing just how obscene the profits on Wall Street have been in the midst of this crisis and knowing these profits are paid for by the very people–the taxpayers–that are suffering such misery in order to make these obscene profits possible.  Take a look here , here and here for some insight on Wall Street’s record profits, but don’t just read the articles, do your own research and consider the gross inequities that they represent.  Now back to the Temple analogy.  It is true that most of the people who are in foreclosure are behind in their mortgages and let’s ignore for a moment the legal issues about standing and ownership.  The fact of the matter is that most of these people had no business closing these loans in the first place.  Like the Jewish followers who were poor and had no business buying anything to sacrifice, much less the doves that were sold in the Temple, today’s Defendants were largely poor and financially illiterate and they had no business buying these loans that are now being foreclosed on….but no one is talking about that.  If Ford were selling millions of cars that it knew, and that our leadership knew, were destined to blow up, there would be outrage.  And that is exactly what happened with millions of loans….they absolutely knew that these poor illiterate people could not repay these loans….but they closed them anyway…..just so our business elders could continue to profit.

Boiling Anger and Resentment In The Streets

I keep my eyes and ears focused squarely only the American people and what I see scares me very much.  People are seething with anger and resentment. They don’t like the emerging stories of fraud and waste and corruption.  They’re mad at elected officials at all levels, they despise the bankers and the global cabals that have siphoned away the American dream.  Take the time to read the comments that are posted on the major newspaper stories on Wall Street or foreclosure or banks.  These comments are your jury pool and they tell a chilling tale.  There are still a decent percentage of  “screw the deadbeat homeowner” comments, but read the anger in those comments and sense the mis-direction.  Just wait until they find out that they too are being suckered…just wait until they figure out that the deadbeats were right and that we’ve all been taken…then they’re going to be burning too.  And what about all the people who’ve suffered the hard way when a bank or foreclosure mill cut corners and didn’t play by the rules when they used the court to throw them out of their home.  Most people can take losing a fair fight when both sides played by the rules but when one side ignores the rules again and again and again…that’s a recipe for real trouble.  I’m not stirring up this trouble, I’m just one small voice who is reporting on what is occurring on the street.  There is real justification for the anger that is boiling…and I’m certain we’re going to find far many more things to be angry about as the full specter of this collasal crisis is reported.

My Beloved Courts

My real fear and greatest concern is the impact all of this is having upon our entire judicial system.  Again, I urge you to read the comments that are posted under any foreclosure story.  Our entire system of government depends on the electorate having respect for our system of laws and our courts and they are losing respect for both the more they see first hand and hear about what’s happening in their courtrooms.  The stories are only now starting to be told and the public does not at all like what they are hearing….and my very real fear is that the stories that are going to continue to roll out are only going to get much, much worse.  If that happens, the simmering crisis of confidence that is bubbling will boil over.  I have developed a basic proposition that is beyond doubt or question anymore.  The same shoddy documentation and shady business practices that caused the collapse of the mortgage and real estate markets have been allowed to infect our courtrooms.  Not all the files are bad, but we’re way beyond talking about individual files…entire processes and procedures are now rightly under question and scrutiny.  The responses from our leadership are absolutely off base and they miss the larger point.  Yes people borrowed, and no they are not paying, but we cannot just throw them into the streets without examining how we all got here what is continuing to occur.  First, there are just too many people to throw into the streets, but what is far more damming are the billions of dollars that are sloshing around behind the scenes and the repetitively egregious conduct of the evil banks on the other side.  Until we all stop and take a hard look at those factors, we should not send one more family into the street.  And for all you who wonder why the homeowner is entitled to a modification…..because he’s already paid for it.  His kids have paid for it.  His grandchildren have paid for it.  If it were possible to calculate all the billions paid to the money changers and divide that figure by all the foreclosures, then we could arrive at the real number that loans should be reduced to….after all…the money changers are reporting obscene profits….profits that come on the backs of the people they’re trying to throw in to the street…..

We all need to be asking ourselves just how these thieves were permitted to set up shop in our temples of justice, equality, freedom and integrity.  Then we must determine what is required to turn the tables and cleanse our temples.

(Many thanks to Nye Lavalle for sharing this thought.  Click on the link and especially this link which will take you to a report he wrote long ago on the abuses of the mortgage industries.  Nye has been sounding the alarms for a lot longer than most anyone else…what if someone had listened way back when?)

Look back at how long I’ve been screaming about “Capacity“.  CAPACITY, CAPACITY, CAPACITY.  No one has any idea who many of the entities are that brought suits to foreclose over the last several years, especially when they were plaintiffs of the alphabet soup variation, “the XSIS 2206- Alt Trust”.  What is that?  Where is that? Who is that?  Those are all questions judges should have been asking for years…especially before they granted that alphabet soup zombie trust the right to throw their neighbor out into the street.  Instead, the oft repeated judicial phrase was, “You haven’t paid your mortgage so I’m granting Summary Judgment.”  Far worse in my mind than a homeowner not paying a $1,000/month mortgage is a judge granting a $200,000 judgment to a zombie alphabet soup plaintiff.  Who owns those homes that you granted foreclosure to now your honor?  Who was that judgment assigned to after the fact?  Who or what took title to that property?  Why did no one care to think about all of this?

We screamed CAPACITY!  We screamed STANDING!  We screamed FRAUD!

Like Alice in Wonderland or the Twilight Zone, some judges claimed they couldn’t see anything.  Now it turns out that in many cases not only did they not have CAPACITY, not only did they not have STANDING, not only were the committing FRAUD.  They also had NOTHING, NADA, ZILCH.

The minions of this profound evil will turn this around on the judges that I hold such profound respect for.  They will shrug their shoulders and say, “We were just the proponents of our client’s case, it was the judge’s job to review the files and make sure we were not committing fraud.”  What about that retired couple that got thrown out into the street two years ago but their home still stands vacant?  What about that latino couple with a poor grasp of the language and our legal system, the husband defeated and destroyed because he could not keep the home he had bought for his family?  The single mom that did her best but just couldn’t keep her head above water?

All of them defeated by zombie trusts and a legal system too concerned with doing the bidding of the banks and institutions that were bailed out with our money.  The question is not how bad all this is or how deep it will go.  That sinking, sickening pit in all of our stomachs answers those questions. The real question is how will we work to make it right to all those people that were wronged?

We must all start with the perspective that our economy, our neighborhoods, our homeowner’s and condo associations are far better off with homeowners in those homes.  We must understand there is a powerful American ethic that homeowners want to pay a mortgage, they want to be bought into the system.  I’ve done hundreds of homeowner refinances and purchases.  When a homeowner signs those documents, there is fear, but there is pride.  Pride that I have a mortgage.  A sense of purpose that now I’m going to work and pay this mortgage for this home I own.  That was all tossed out the window in this brief flicker of time that was the securitization frenzy.

It’s now time to provide homeowners with a track to stay in their homes and support their communities.  We put our realtors, our appraisers, our contractors, our people back to work in our communities.  We collect mortgage payments from homeowners who are in these homes then we wait for the Wall Street Fat Cats to come on down and prove up their claim to the money and the mortgages that our elected circuit court judges are supervising.  The process is self-funding.  The infastructure and administrative capacity are already in place through the existing mediation programs that are up and running in circuits across the state.  The funding is in place once our courts turn away from the unfairness of the $9.6 million rocket dockets and focus on Stability for Florida Families.  The program is detailed below:

Florida Statute 69.021.

Across this state, our judges–both elected and retired, who are now presiding over foreclosure cases are dealing with enormous pressure to clear the dockets.  They’re receiving it from our own Supreme Court and especially from the legislature that holds the court’s purse strings.

This pressure, especially from the legislative branch is an unprecedented and improper intrusion onto our judicial branch and the long term implications of this pressure are very disturbing.  Having said that, there is a real problem in our courts caused by these foreclosure cases that are stalled, forgotten, stagnant.

What is missing from most of this debate over clogged up and bogged down courtrooms is the fact that the clog and bog is caused not because our judges or their staff are not doing their job or because pro se defendants or defense attorneys are delaying the process.

I BELIEVE THE GREATEST SOURCE OF DELAY IN THESE CASES IS THE FORECLOSURE MILLS AND LENDERS EITHER AFFIRMATIVELY DECIDING NOT TO PURSUE THE CASES EITHER BECAUSE THE LACK THE EVIDENCE OR AUTHORITY TO PURSUE THE CASES OR BECAUSE THE ALLEGED PLAINTIFF DOES NOT WANT TO PROCEED WITH THE CASES.

Many of our judges are intently focused on trying to fulfill the mandates to clear the docket by granting summary judgment, what we need to be doing, and what we need to encourage our judges to consider that the other alternative to clearing the foreclosure docket is to dismiss those cases that do not meet the requirements to proceed for any number of reasons, because they do not meet the basic evidentiary or pleading burdens, because the cases have languished, because the documents or evidence submitted are facially questionable or for any number or other legitimate reasons to dismiss these cases.

A key factor to consider in all this discussion is the fact that literally millions of dollars in taxpayer revenue is being spent by judges, judicial assistance, clerk of court staff checking and double checking the files and work of the foreclosure mills.  The work of these mills and “attorneys” has proven time and time again to be substandard, illegitimate, sloppy and frankly not worthy of consideration by our courts.

AS A TAXPAYER AND A STRONG PROPONENT OF OUR COURTS AND JUDGES, I RESENT THAT MY TAXPAYER DOLLARS IS BEING USED TO DOUBLE AND TRIPLE CHECK THE WORK OF MILLIONAIRE FORECLOSURE MILLS- IF I WERE A JUDGE A FIRM WOULD GET ABOUT SIX TRIES TO GET THEIR WORK CORRECT AND ACCURATE, THEN IF THEY COULDN’T DO IT CORRECTLY, THE FILES WOULD BE DISMISSED.

The firms of course would be free to re-file, paying the new filing fee which would properly fund the work that goes into processing a file.  Now doing this once or twice for each firm would certainly encourage accuracy, timeliness and respect for all the good work the judiciary does.

Importantly, these millionaire foreclosure mills and the lying lenders that have created such chaos in our courtrooms will be forced to bear some small fraction of the costs they have burdened our judges and courtrooms with.

Another key fact that supports this important new strategy is that refiling these cases will force the millionaire foreclosure mills to get their documents correct and will give our judges the time they need to review the cases properly!

For all these other cases, let’s do our part to move the cases along and move for dismissals…..see examples of how I’m doing this below and keep up the good fight!

Ltr to Judge Williams; D’s Motion to Effectuate Dismissal; Agreed Order; Order of Dismissal; Final Disposition

orderdismissal

Not nearly enough is being done to protect consumers from the con artists that are preying upon them.  The attached is an excellent video, and I encourage everyone to watch it and share it around.  Currently, less than 5,000 people have watched this video, but I know that when you good people get the word out, we can double that in a week.

I don’t have much faith in our elected officials and I’m trying to keep my faith in judges, but the fact of the matter is we all need to do more to get the word out there….this is all of our problem…

Wow–this is big.  It appears that the Economic Crimes Division of the Florida Attorney General’s Office is investigating Florida Default Law Group.  Please click the link here for more information.

PRINT THIS INVESTIGATION SHEET OUT AND MAKE SURE EVERY SINGLE JUDGE YOU APPEAR IN FRONT OF HAS THIS INFORMATION IN FRONT OF THEM.

THIS MUST GET JUDGE’S ATTENTION.  I’M ALSO DOING A NOTICE OF FILING IN EVERY CASE WHERE FDLG IS OF RECORD AND I QUESTION THE DOCUMENT.

THERE MUST BE A PRICE FOR FLAGRANT, CHRONIC DISREGARD FOR LAW AND OUR RULES OF ETHICS.

For all you people out there that feel victimized by the potential improper activities of this firm, please forward specifics of your complaints to the contact information provided.

Forward to them assignments, affidavits of fees, especially affidavits of attorneys fees.  MAKE SURE YOU SEND ANY INFORMATION CERTIFIED MAIL AND MAKE SURE YOU FOLLOW UP TO CONFIRM RECEIPT.

We will all need to follow this investigation closely, continue to bring investigators information and keep the pressure on.  You cannot assume that because an investigation is open, wrongdoing will be found.  Do your research, go into cases, (not just your own but others that are public records) and get that information to the investigators.

The fact of the matter is the real questionable practices are going to occur on those cases where no answer or defense has been raised.  Get in those courtrooms and review files.  The files are public records and if you are polite and professional, you are permitted to review the files.

Ask to see the files that are ready to go for summary judgment.  Look closely at the affidavits and especially look closely at “original” notes.  When you see something questionable, flag the file, make copies, bring those questionable things to the attention of the staff that is there.

I’m looking for someone with experience to do such a review project here in Pinellas County if anyone is interested.

Homeowners who find themselves in foreclosure or who are trying to work with their lenders on a modification will often be disappointed in their efforts to solve the problem.  Don’t think you’re alone if you cannot get your loan resolved, the reality is only a few thousand homeowners across the country (out of the millions who are in trouble) have gotten any real, long term assistance as reported in Mortgage News Daily.

The Treasury Department released data Thursday on activity in its Making Home Affordable (HAMP) program during the month of November.  As expected from earlier comments made by Treasury officials, borrowers continued to enter the program under trial modifications, but the rate of permanent modifications remains well below expectations.

Cumulative figures for the program by the end of November show participating servicers had sent a total of 3,137,548 requests for financial information to borrowers thought eligible for the foreclosure prevention program and had extended 1,032,827 invitations to participate in a trial modification program, up from 920,000 in October.

There are currently 728,408 borrowers actively participating in loan modifications, however, only 4.3 percent of those modifications, or 31,382, have been converted to permanent status.

The HAMP program involves 78 servicers who manage approximately 85 percent of eligible mortgage debt in the country.  These servicers are paid an incentive by the Treasury Department for enrolling troubled borrowers in the program and completing loan modifications.  The workouts must lower borrower payments to a maximum of 31 percent of the borrowers’ monthly income.  It is estimated that homeowners who are enrolled in the program have saved an average of $550 per month on their mortgage payments.

GMAC has been the most successful servicer in converting trials to permanent modification status with 7,111 completions.  J.P. Morgan Chase and Ocwen Financial have each converted around 4,300 loans.  Some servicers have completed no conversions and one or two have not enrolled even one borrower in trial programs.

The number of trial modifications in November rose nearly 11 percent over October’s figure of almost 660,000 but 30,650 of the modifications started in the seven months since the program got off the ground are no longer active.  This is roughly the same number as have moved into permanent status.

In a written report to the House Financial Services Committee earlier this week, Assistant Treasury Secretary Herbert Allison warned that performance figures would be disappointing.  He said that, while most borrowers in trial programs are current on their payments, servicers blame the lack of conversions on missing documentation from borrowers while the borrowers and mortgage counselors assisting them are complaining that servicers are mishandling and losing data that is submitted.

There are some importantl things consumers need to do to increase their chances of success in obtaining a modification. Visit www.mattweidnerlaw.com for more information.