Matt Weidner – Fighting For The American People

Posts Tagged ‘florida foreclosure defense’

I love Mandelman.  He’s the Hunter S. Thompson of the whole Fraudclosure thing.  And I love it when he (and other writers) pull back posts from the way, way long ago bin and republish them….re-posts offer a disgusting retrospective on where we are today…and show us just how bad things are.

I remember back to 2009…like many others I had hope and dreams and ideas about how to move things along.  But here we are like, I don’t know ten years later and it’s deja vu all over again.  Another gubment program, another failed shot at doing anything and continued stories of corporate fraud and corruption…all on the backs of the American people.

The paramilitary forces are out in the streets and the First Amendment, along with the entire Constitution fades into the background….some distant memory of what this country once was.  Kids are being shot at and violently attacked by these poorly-trained paramilitary forces but the great mass of people stand fixated, too drug addled and paralyzed to do anything.

And leadership is a concept that has been removed from our lexicon, replaced with a homo(sub)genius groupthink…..the White Collar Criminal Oligarchy has programed the bots, desensitized the minions to the point where their neighbors humanity is just as disposable as that thing called The Constitution, the last copy of which was recently thrown into the woodchipper. (Such an interference that whole Constitution thing was anyway what with all that blathering on about FREE SPEECH and DUE PROCESS and SEARCH and SEIZURE) Anywhoo, the document is gone now and they’re moving quickly to move all trace of those words and concepts from our lexicon and thought process……

But now for Mandelman….

Okay, first of all… you’re not buying any of this “the recession has ended” nonsense, are you?  Because if you’re one of “them,” then I’m really not sure there’s a whole lot I can say to you except maybe… well, no… actually there’s nothing I can say to you that you’ll find interesting.  Just go back to trading your stock portfolio, buying REOs, and loading up on Citigroup, or whatever it is that you guys do these days.

To everyone else… I have a question: At this stage of the foreclosure crisis, is there any doubt that we need some sort of lender and mortgage servicer reform?  I’m only asking because it’s hard for me to imagine that there’s anyone, at this stage of what’s definitely not a game, that wouldn’t readily agree, the American Bankers and Mortgage Bankers Associations, Financial Services Roundtable, and American Securitization Forum, et al, notwithstanding.

In point of fact, I don’t think there can be any doubt that lenders and mortgage servicers in this country are working solely in their own best interests, and it should be just as clear that those interests are not aligned with the interests of anyone else; not the investors they’re supposed to protect, not the borrowers whose lives have been torn apart but will someday recover, and certainly not our nation as a whole.  The Obama administration has tried to address this situation, but to be entirely candid, their efforts to-date have been limited to a voluntary program, offering what many would describe as meager financial incentives, some stern language and a few public relations efforts.  And let’s not dress this thing up… it’s not working.

In August, the administration made public the servicer “report cards,” the thinking being that the servicers would be publicly shamed into improving their performance relative to their peers, and were the servicing industry capable of shame, or in other words, if the servicers gave a hoot what regular people thought of them, it might have been effective to some degree.

MANDLEMAN

Hard to find because it is not under foreclosures but under civil procedures, but it’s a good one so here it is, along with the original Order.

The Florida Law Weekly Opinion Here

Order here

and importantly a Motion to Preserve Evidence here

What we need to understand is that all across Florida foreclosures are being granted by judges when the file is not only completely devoid of any evidence that could be used to grant foreclosure, but the files also contain evidence of questionable behavior at the very least as would be the case when an attorney made a mistake and unknowingly submitted false information to the court to prove up his case or outright fraud on the court if an attorney knew he was submitting information that was improper and that evidence or information was being used to obtain judgment.

I attach here an example of a case where foreclosure was granted and a sale was set……this woman could have lost her home.  A careful examination of the file revealed that the Plaintiff lacked the basic evidentiary and good faith basis it needed to obtain that judgment.  That motion can be found here.

The scary thing about all this is I find very real problems evidentiary problems in virtually every foreclosure file that comes across my desk.  These problems range from mistakes of fact or law to outright fraud where the problems or questionable issues are present and apparent right on the face of the documents..the question I have is…

HOW MANY FORECLOSURES HAVE BEEN GRANTED AND WILL CONTINUE TO BE GRANTED BASED ON FACIALLY IMPROPER EVIDENCE OR INFORMATION?

HOW MUCH OF THE EVIDENCE OF WRONGDOING IS BEING RETURNED TO THE PLAINTIFFS AND ATTORNEYS WHO ARE ENGAGING IN IMPROPER OR ABUSIVE PRACTICES?