Posts Tagged ‘foreclosure attorney pinellas’
MUST SEE—The End Product of Foreclosure- Demolishing Homes…..
Author: Matthew D. Weidner, Esq.
Restoring Sanity (and Marketability) to Real Title in The United States (5 years Later)
Author: Matthew D. Weidner, Esq.
THIS IS WAR! AND HERE IS HOW TO DISMISS THOUSANDS OF FORECLOSURE CASES!
Author: MattWeidner
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
I wanted to write that several times just to drive the point home. I put it in bold just to try and emphasize the point. Despite the fact that this is absolutely clear and that there is no question about this rule, across the state there are thousands of foreclosure cases that have been filed which completely ignore this rule.
It makes me furious and I cannot understand why our chief judges, why our elected judges, why senior judges continue to grant summary judgment for these cases when the court has the inherent authority to DISMISS THESE CASES FOR FAILURE TO COMPLY WITH THE RULES OF THE COURT.
I understand why the foreclosure mills continue to file complaints that are in direct and flagrant violation of the rules of the Florida Supreme Court, but I cannot understand why our courts and our press are not all over this issue.
I have petitioned for a hearing to be held here in Pinellas County to ask why this affront to our courts is allowed to continue, but I want to share the motions with everyone once again in the hopes that you will all print them out, tailor them to your cases and share them with your chief judge.
CHARNESKI-MTD-for-Unverified-Supplement1
I am issuing a challenge to any foreclosure mill attorney, any attorney, any judge. Explain why the reasoning in the memos attached above is incorrect. And if the memos are not wrong, then why are our judges allowing thousands of these foreclosure cases to continue on the dockets every single day?
THIS IS ARROGANCE AND TYRRANY. THE FORECLOSURE MILLS AND BANKS ARE TRAMPLING ON BASIC RIGHTS AND LIBERTIES AND IGNORING THE RULE OF LAW.
THEY’RE IGNORING THE SUPREME COURT OF FLORIDA!
THEY’RE IGNORING THE SUPREME COURT OF FLORIDA!
If we are allowing them to get away with this in this forum, what’s next? Shall we allow them to just kick down the doors of anyone’s home? (They’re already doing that.) Shall we just toss out the window due process and basic, Constitutional rights? (We’re already doing that.)
I will pay for the transcripts of any hearing where a foreclosure mill defends the fact that they are not verifying complaints. I am dying to hear the argument against complying with the lawful authority of the Florida Supreme Court….but then who really cares anyway? What does it matter, it’s only foreclosure?
WHY IS THERE NOT AN UPROAR AMONG THE PRESS, THE GENERAL PUBLIC, ATTORNEYS? WHERE IS THE SUPREME COURT ON THIS? I mean after all, they passed a rule that is just being ignored….why are they allowing this chaos to occur?
Sarasota Tribune Story- Foreclosure Mills Still Engaging in Unethical Conduct
Author: Matthew D. Weidner, Esq.
That was the gist of the story that appeared in today’s Sarasota Herald Tribune. I was furious at the story that appeared in the Trib earlier this week because that article perpetuated the absurd and unethical position taken by the foreclosure mills that somehow they did not need to follow the rules of the Supreme Court…I called the reporter to let him know just how absurd I felt the position was, and I’m happy to say this newspaper followed up with a more accurate version of the story. (It certainly helps that on the day I was calling and taking exception with the reporter, the Florida Supreme Court issued yet another ruling that affirms my position)
That being said, this is the quote that hundreds of thousands of consumers and voters in the Tampa/St. Petersburg/Sarasota area read this morning:
“It was an absurd excuse for not following a rule that was clear, that is black and white,” attorney Matthew Weidner said. “It’s just an example of the unethical conduct of these firms, and they should be sanctioned.”
Advocates and consumers need to bombarding their courts and their local news outlets with these news stories and asking why, if Sarasota Tribune runs this story, and if the Chief Judge of this Circuit is taking steps to curb the abuses of the Millionaire Foreclosure Mills,
WHY IN GOD’S NAME IS EVERY CIRCUIT AND EVERY MEDIA MARKET IN THE STATE NOT DOING THE SAME THING?
The full article can be found here. I challenge every advocate and attorney to go out there, contact reporters, contact the courts and let’s get some more articles like this. For a little incentive, I will pay $250 to the first consumer or attorney who gets quoted in any newspaper in the state on a similar story….light those phones up and make it happen!
The Florida Supreme Court has reaffirmed its fight against the sloppy legal work being used to retake homes in thousands of foreclosure cases across the state.
A review of Manatee and Sarasota county cases showed attorneys for banks and lenders had widely ignored a new high court rule that requires them to verify — under penalty of perjury — the accuracy of allegations and paperwork in the foreclosure case.
When local judges started throwing out the foreclosure cases for that reason, some attorneys for lenders contended that the rule, created in February, was not yet in effect.
But the top court this week clarified that attorneys must immediately follow its verification rule as part of its overall battle against the flood of foreclosure cases clogging the court system when the housing market crashed.
The uncertainty over the high court ruling illustrates the chaos in foreclosure courts across the state. The vast majority of the state’s housing lawsuits come from Florida’s five so-called foreclosure mills, where attorneys can each handle thousands of cases.
Sloppy paperwork could mean banks and lenders foreclose on properties they are not legally entitled to retake, unfairly forcing homeowners out of their properties, attorneys say. The shoddy and incomplete filings also waste judicial resources.
The continuing problems with the foreclosure process could also affect the speed at which the housing market recovers by slowing the resale of properties, which de-stabilizes the market.
Prior to the high court rule, attorneys for banks and lenders were supposed to ensure allegations and paperwork are accurate. But many have not done that, so the rule may force them to shape up, a St. Petersburg foreclosure defense attorney said.
“It was an absurd excuse for not following a rule that was clear, that is black and white,” attorney Matthew Weidner said. “It’s just an example of the unethical conduct of these firms, and they should be sanctioned.”
Thursday’s ruling clears the way for a local court-sponsored program — unofficially dubbed “Stop the Slop” — to once again review all foreclosure filings and dismiss those that are incomplete.
Of the 52 cases in the first round of review in Sarasota, all lacked the new verification requirement or other proof the bank is entitled to take the property, an attorney who reviewed the cases says. The vast majority reviewed since then have also failed to meet the requirements.
Backed by local Chief Judge Lee Haworth, who served on the state task force that recommended the new rule, judges in Manatee and Sarasota counties used the verification rule to throw out dozens of foreclosure complaints in the past month.
But without two attorneys volunteering their time to review the cases, the court system could not afford to check if the attorneys complied with all the rules.
Defense attorneys urge homeowners in foreclosure to push back and be sure their home is being taken with proper cause and according to legal rules, attorneys say.
The Sarasota-Bradenton area had one foreclosure for every 61 housing units last year, according to RealtyTrac. There were 544,000 foreclosure filings in Florida last year.
The Banks Often Have No Idea Who Has The Right To Foreclose On Your Home- But That Doesn’t Stop Them From Trying
Author: Matthew D. Weidner, Esq.
Some folks out there (and even more troubling) some judges out there just don’t seem to care that some of the lenders who are filing foreclosure lawsuits and trying to take people’s homes do not have the legal right or any right whatsoever to foreclose on the home. I’ve been in hearings and presented evidence where the documents filed by the Plaintiff show quite clearly that someone other than the company they claim owns the debt is entitled to collect and enforce the debt.
Amazingly, some judges will just say, “Sorry the Plaintiff claims they own the note and even if the documents they have submitted state that someone else owns the debt and the right to enforce it, I’m going to allow them to proceed with this case.” It’s bad, bad law and it will continue to cause us all major problems for years to come. For a very quick and simple explanation of the problem and the unfortunate consequences for one borrower, click on the link to a CNN report below…
An Easy to Understand CNN News Report on The \”Lost Note Strategy\” That I Often Use.
Mortgage Modification, Santa Claus, Stop Foreclosure and Other Fairy Tales
Author: Matthew D. Weidner, Esq.
Consumers facing financial difficulties are being bombarded with solicitations and promises from companies and individuals who suggest they can help the borrower obtain a modification of their mortgage or stop a foreclosure that has been filed against them. The vast majority of these solicitations improperly overstate the services companies can provide and many solicitations are illegal, fraudulent and potentially criminal in nature. In 2008, the Florida Legislature passed the Foreclosure Rescue Fraud Relief Act. The law largely prohibits companies or individuals from accepting any up front fees from consumers for assisting in mortgage modification activities and mortgage modification companies or foreclosure rescue consultants can be fined up to $15,000 for each violation. The full text of the law can be found at http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=foreclosure+rescue&URL=CH0501/Sec1377.HTM
The reality is mortgage modifications are very difficult to obtain in this current environment, no one can stop a foreclosure once it has been started and any person or company who suggests otherwise is being less than truthful. Having said that, an experienced foreclosure defense attorney, properly licensed to practice in the court where the case has been filed can work with the attorney who has filed the case and can often help a consumer delay the progress of the foreclosure or negotiate a long-term solution with the lender who holds the mortgage.
Protect your home, your family and your future….hire an attorney to help obtain a mortgage modification or Defend Your Foreclosure!
