Matt Weidner – Fighting For The American People

Posts Tagged ‘florida supreme court’

In the blink of an eye, Hitler’s Nazi party went from less than 3% of the popular vote to Chancellor of Germany….a prospect that must have seemed impossible until it happened.

Likewise, today’s Palm Beach Post reports that legislative budget committees are making compromises that would have been utterly inconceivable just a few months ago.  Some of these changes include a radical restructuring of the Florida Supreme Court.  (See Palm Beach Post)

We are in tough economic times in this country, and things are only going to get much, much worse.  And that’s if there is no catastrophic event.  That’s if there is no major natural disaster. Or no planned attack carried out by force that opposes what this country has done or what we have become.

Just like in Pre-Hitler Germany, our “leaders” are failing to recognize the warning signs and they’re failing to protect us from the path that we are heading down.  Every day the banks kick down doors and break into people’s homes.  Every day, the banks walk into “friendly” courtrooms where whatever story they’re telling is more compelling and appealing than that of a homeowner and where the basic Due Process protections afforded by The Constitution are trashed because, as a senior judge recently explained to me,

“We don’t have the funding.  If you have a problem with how this courtroom is being run, take it up with the legislature.”

Which brings me to the last point and the concerntina wire.  Last night, I had woke to a nightmare that featured prison camps and concerntina wire.  Still reeling from those dreams I woke and thought,

“What happens when the real budget hits start coming?  What happens when the food and support that so much of our population depends upon the government to provide to them start being cut?”

This should be a terrifying thought to every single American, but especially to all of us who have seen how quick this country’s leaders have been to trash the basic protections we thought were provided by the Constitution. We’ve all seen it first hand through the fraudclosure problem (it really isn’t a crisis)…and the thing that is most terrifying about what we’ve seen is….

If they’ll trash our rights and cave in to the banks and our courts will just toss in the towel so quickly in the foreclosure context, how quickly will they toss in the towel when real challenges inevitably start to come?

The two highest universal human needs are food first, then shelter.  From our position on the front lines of the Fraudclosure war, I see first hand how our government, at every level has been totally and completely corrupted, 100%.  This has been going on for decades now, but it is beyond dispute that everyone from the Presidents (both parties), to Congress, to state legislators and even down to the local level have completely surrendered or abdicated their responsibilities to keep Americans safe and secure in their homes.  MERS and the mortgage monster have chewed up our record property ownership, and law enforcement are content to let banks come in, kick down doors and throw your property into the street.  Oftentimes, courts go along with this.

The Jack booted thug cases are just the most dramatic example of how vulnerable we have become, but the breakdown of the entire legal system vis a vis foreclosure is an ongoing testament to just how desecrated our concept of protection from thuggery by an independent court system has become.  Our courts are not funded properly and the dominant player in disputes takes advantage of the void created to lie, cheat, bully and abuse.  Forget about your quaint notions of civil rights, due process and a higher legal power to protect you from this abuse…it’s gone.

I frankly see things as quite hopeless, especially here in Florida.  And as news comes from the legislative session now burbling in Tallahassee, I am confirmed that things are going to get much worse.  The state has a massive budget void and cuts must be made everywhere.  And while the state (that was you and me) are tapped out and busted, the stronger and more powerful forces aligned against us have more money than ever. (2010 was one of Wall Street’s most profitable ever)  While banks cannot fairly process loan modification or short sale paperwork, the big boys have been quite adept at shoving billion dollar profits in their pockets. (financed by you and I)  They are going to use every dollar and every strategy at their disposal to gut what’s left of due process in this state and bulldoze over whatever stands in their way….because we’ve got to GROW THIS ECONOMY!

The legislative bills that attack our courts that have been proposed in this session are TERRIFYING. A proposal to split the Florida Supreme Court , a proposal to limit the Florida Supreme Court’s ability to make rules (primarily because the legislature is furious, furious about the verified complaint rule) and now a proposal to fire, terminate, desecrate thousands of judicial assistants across the state.  And they are not done.  I promise you, there will be major legislation to “fix the foreclosure problem”.  Our courts are broke, busted, shut down.  Our entire state court system has become utterly dependent upon foreclosure filing fees to keep the lights on and to keep judges and staff employed.  The legislature just provided enough funding to keep the lights on for a few more weeks, but this is quite like providing crack to a junkie.  Our courts cannot be funded based on filing fees and our judges certainly should not be paid based on the number of cases they clear. (another extraordinary proposal coming out of this legislative session)

But that’s not what I wanted to start talking about.  I started this post because I wanted to share what I’m learning from farmers and country folks about what’s happening out far away from the cities.  All that prior discussion was the appetizer, just to set the stage for the main course.  The proposition I wanted to present is that our government has become totally corrupted and overtaken by business interests that are exploiting all of us.  If you do not believe or understand this proposition, I want some of whatever you’re taking….in fact, I want double of whatever you’re taking.

So if you understand just how corrupted our entire government has become and see how this is proven out so dramatically in relation to the most basic human need for shelter, then it won’t be too far a stretch for you to believe that the same principles have been allowed to infect the primary human need….food.

Until just a short time ago, I didn’t pay one lick of attention to food.  All I knew or cared about was there is a grocery store down the street and plenty of restaurants nearby.  But from my front row seat where I’m watching profound and absolute corruption first hand, I’ve realized just how vulnerable we really are.  I then started reaching out to the people with the dirt under their fingernails and they confirmed my worst fears….the same corporate thuggery that permeates our housing and economy has infected our food supply.  When you’ve got a little time google, “Monsanto and GMO” just to start.  Before that, think about the following and read the article below:

To the person who wanted to know if anyone commenting was actually a farmer with “on the ground” experience- I raise grass fed beef and pastured poutry and while I do not feed my cattle grain products, I can honestly say I noticed a definite difference in the behaviour of our broiler chickens once gmo soy (and corn) became standard fare at the feed stores (we get our grains custom ground)- the chickens refused to eat the soy component of the feed, and if they did eat it it was eaten last when there was no other choice left. And they took two weeks longer on average to reach the same weight as before the local feed mills became flooded with gmo feedstuffs. Commercial broilers are (sorry if I offend any chicken fanciers) as dumb an animal as you can get, and they had the brains to know something was wrong with the food. What do you think this crap is doing to us- eat anything with soy protiens or corn syrups/soilds not labled as organically certified and you are eating gmo too. They dont want gmo labled because people would be shocked to find out how much they consume on a daily basis.

More Here

Then read this:

• Monsanto monopolizing the seed supply for the US… and the world
• Monsanto’s GMO seeds are designed to maximize use of pesticides, as well, further impacting the environment
• Use of pesticides has already led to super-weeds that acquire resistance
• Bacteria transfer genes directly. This could lead to super-bugs with unknown consequences
• Monocultures – reliance on one crop – is bad agriculture. Reliance on a single strain could be disastrous. Biodiversity is nature’s insurance policy.
• Traditionally, farmers have saved some of their crop as seed to plant the next season. It’s the heart of sustainability. Not with Monsanto – they want you to buy new seed from them every year. Keeping some of your crop to plant next season is a violation of your contract, and farmers get sued for it.
• American farmers with access to credit can buy seed every year. But Monsanto is also pushing their product line in the developing world, destroying a 10,000-year-old system of sustainable agriculture.
• Monsanto has a history of suing farmers for “stealing” their patented genes… when they get contaminated by pollen from nearby GMO fields. And the court system has generally backed Monsanto.
• That same GMO gene contamination has already led to some farmers losing their organic certification.
• Monsanto hired the mercenary company Blackwater (now Xe) to spy on anti-GMO activists.

Full Article Here Monsanto and GMO

It’s been more than a year now since the Florida Supreme Court passed a very simple rule. The Rule requires Plaintiffs to verify their complaint.  All that means is they must be willing to say the allegations are TRUE AND CORRECT.  That’s it folks. Nothing more.  This isn’t the moonshot.  And the effective date is February 11, 2010!!!  Nothing mindblowing about that.

What is mind-blowing is the fact that the foreclosure mills continue to file complaints that are not even verified at all and if they are they are often not verified correctly.  I think courts should be independently verifying that the complaints are verified correctly and dismissing them if they are not. Here are the synopsis of the orders, which are in Florida Law Weekly Supplement:

AURORA LOAN SERVICES, Plaintiff, v. TODD A. FLEETWOOD AND KRISTI FLEETWOOD, Defendant. Circuit Court, 19th Judicial Circuit in and for Indian River County. Case No. 31-2010-CA-073506. January 26, 2011. Cynthia L. Cox, Judge.
FINAL ORDER OF DISMISSAL

The verification must be included in the complaint itself for the Court to be certain that the affiant has read the actual allegations and to make it clear what is being verified. The purpose of the verification is to create accuracy and accountability. There is no provision in the rule for the filing of a separate verification in a separate document. Common sense dictates that without verification in the complaint itself, it would never be clear what the affiant reviewed and what allegations they verified. The rule does not permit qualifying or limiting language. The complaint needs to be verified by an employee or officer of the plaintiff, by an employee or officer of its loan servicer, or by the attorney who files the case. Designations such as”authorized agent”, “authorized signatory”, “authorized officer”, “representative of the plaintiff’s servicer”, “representative of the plaintiff” and the like are meaningless, insufficient and tell the reader nothing. The rule requires a clean, plain statement of accuracy by a person who actually verifies the truth of the claims made, and who is identified as being in a position to actually do so. This case seeks to foreclose a residential mortgage and was filed after the effective date of the rule amendment.

IT IS THEREFORE ORDERED AND ADJUDGED as follows:

1. This case is DISMISSED without prejudice. No other pleadings by the plaintiff will be permitted in this case, other than a request for rehearing if appropriate. If the plaintiff elects to file a new action to foreclose on the same property, it must be filed under a new case number and a new filing fee will be required.

2. The plaintiff may move for reconsideration within ten days, on the sole ground that the subject property is not residential property. A copy of the motion and any supporting memorandum must be provided to the undersigned. The Court may rule on the motion without a hearing. No hearing will be set unless determined by the Court to be necessary.

3. It is confiscatory of the Court’s time to have to address this matter. Repeat violations by the same firm, or by the same attorney, may result in imposition of personal sanctions, and issuance of an order directed to the attorney or firm to show cause why that attorney or firm should not be prohibited from filing further foreclosure cases in this Court.
Online Reference: FLWSUPP 1804NATI
Mortgages — Foreclosure — Complaint — Verification — Unverified foreclosure complaint filed after February 11, 2010, effective date of rule 1.110(b) is dismissed with leave to amend

NATIONSTAR MORTGAGE LLC, PLAINTIFF, v. CRAIG K. LUNT AND DOROTHEA C. LUNT, Defendant. Circuit Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 10-6330-CI-20. February 7, 2011. Honorable George Jirotka, Judge. Counsel: Karen Thompson, for Plaintiff. Matthew D. Weidner, for Defendant.

ORDER

THIS CAUSE came to be considered upon the Defendant’s Motion to Dismiss, this court having reviewed the Defendant’s motion and accepted the argument of counsel for Defendant who appeared in person and counsel for Plaintiff who appeared via telephone, it is hereby:

ORDERED AND ADJUDGED as follows:

1. The Defendant’s Motion To Dismiss/Motion For More Definite Statement asserted that the Florida Supreme Court, pursuant to Rule 1.110(b), mandated that residential foreclosure complaints shall be verified and that the effective date of the requirement was February 11, 2010.

2. Plaintiff argued that the change to Florida Rule of Civil Procedure was not effective until June 2, 2010 and that because the instant complaint was filed prior to June 2, 2010, the instant complaint was not required to be verified.

3. This court finds that the effective date of Florida Rule of Civil Procedure Rule 1.110(b) is February 11, 2010 and that all residential complaints defined by the Rule must be verified beginning February 11, 2010.

4. Because the instant complaint is not verified in any manner, by any party, the Defendant’s Motion to Dismiss/Motion For More Definite Statement is GRANTED and the case is dismissed except that the Plaintiff shall have thirty (30) days to amend their complaint.

The Star Chambers were real.  They are a critical force in our nation’s jurisprudence and it’s time that everyone takes the time to read and understand just exactly what they were.  Read About Star Chambers Here

The Star Chambers are alive and well, as is the suppression of those who are trying desperately to stand up and fight….trust me, I know this first hand.  As I’ve been sharing my travails and conflict, a friend shared with me some thoughts on the parrallels to today’s Rocket Docket and the evil Star Chambers. I want to thank him, and every one of you for your support, and ask that you consider his analysis:

* The Star Chamber was mainly used for evictions. I’ll skip the treatise in English land law except to say that was functionally the
same as a foreclosure.
* The torture you hear about was uncommon until the end, when the Chamber became widely used for political persecution.  The primary purpose of the chamber was rigged foreclosure hearings.  People described it as eerily normal; out would come the chancellor (judge), his helpers, and the defendant would have a brief rigged trial and almost always lose.  Not always, but almost always.
* Where the torture did happen was for lawyers of Star Chamber defendants.  I won’t go into detail — they’re horror stories — but
they absolutely sent a message you’d better not try to hard with a Star Chamber defendant, if you decided to take those cases at all.
Lawyers were tortured .. history remembers them as heroes, though I’m guessing that doesn’t help much.  Defendants who couldn’t find a lawyer to represent them — keeping in mind that virtually all land-lords had plenty to pay — lost automatically.
* The hearings themselves were the same: trial by affidavit, it was nearly impossible to cross-examine the affiant, perjury (a capital
offense back them) was widespread, common .. and ignored.  They were open or closed depending on the mood of the Chancellor.
* The whole point was to make sure money flowed back to the King. Bascially, when the King wanted land — whether it was directly or
indirectly (to give to somebody else) — off went the landlord (yesterday’s mortgage borrower) to the Chamber.  The whole point was
money.
* Even the genesis of the Star Chamber may be land theft.  Black, of Black’s Law Dictionary, wrote the chamber came from the hebrew word to record .. as in record and litigate land deeds.  Historians later said he was wrong, that there were stars on the court of the chamber.  But the chamber is still around and there are no stars, and nobody ever wrote about stars, and Black would know — that was back in his time.

Of course, the Star Chamber defendants are how many of the settlers of this country ended up here.  After their minute or two at rocket docket off they went to the new world.  The Chamber is viscerally hated in US history; when the Supreme Court writes about it (in decisions as late as last decade) they always throw in an adjective (ex: the dreaded Star Chamber, the wretched Star Chamber, etc..).  Our founders hated it so much they almost abolished equity courts but realized some issues weren’t meant for juries so left it, but added half the Bill of Rights to ensure it never came about again.

Read next a case from the Florida Supreme Court which describes why Star Chambers are repugnant to our courts:

miami

The following post comes from the blog: Mandelman Matters:

I encourage you to log on and subscribe to his blog to read the entire article, his post starts below:

Stern is emblematic of everything that’s ugly and wrong with the mortgage banking and finance industries in this country.  Whether all the allegations about him are true is irrelevant.  In my view, he’s an unethical, arrogant, abusive and callous piece of itinerant garbage who obviously cares nothing about who he harms as he pursues his sole objective of putting people out of their homes as quickly as possible… the sort of person that I personally might gladly go pay-per-view to watch get hit by a fast moving city bus.

Stern’s firm has been accused of gouging homeowners trying to get out of default, as exemplified by the 1998 class action lawsuit filed by Tallahassee attorney, Claude Walker on behalf of tens of thousands of homeowners alleging that Stern piled on excessive fees when they were trying to keep their homes.  Stern settled the case for $2.2 million after a couple of years, and both the Florida Supreme Court and Florida State Bar Association reprimanded him for “professional misconduct,” related to the case.

The national catastrophe that has been reported on this website and others for months now is now becoming BREAKING NEWS at major news sources across the country.

The calls for a moratorium because of fraud in the foreclosure processes are being ignored by judges and even the Florida Supreme Court, but the corporations that are responsible for this conduct are concerned enough about their risk that they are examining or delaying foreclosures…

WATCH BREAKING NEWS HERE