Matt Weidner – Fighting With The American People

Posts Tagged ‘foreclosure hamlet’

There is a growing awareness, a sickening realization out there that fraud is being committed in our courtrooms…just how pervasive the fraud is remains an open question….but I predict the real truth is not going to be pretty.  Some judges are taking the initiative and dismissing cases when they uncover the fraud.  So what kind of fraud rises to the level that a case should be dismissed?

The requisite fraud on the court occurs where “it can be
demonstrated, clearly and convincingly, that a party has
sentiently set in motion some unconscionable scheme
calculated to interfere with the judicial system’s ability
impartially to adjudicate a matter by improperly influencing
the trier of fact or unfairly hampering the presentation of the
opposing party’s claim or defense.” Aoude v. Mobil Oil Corp.,
892 F.2d 1115, 1118 (1st Cir.1989).

Check out this opinion:

5th DCA Fraud on The Court

And this beautiful piece of literature:

ordermersslammed

Along with a nice collection of cases from across the state finding that shows a pattern of our judges finally having enough of all this (hat tip to Foreclosure Hamlet):

Click here for beautiful reads from across the state

What’s my best example of a fraud that so permeates the proceedings?  Well for starters and the easiest, how about fraud in the service of process.  The service itself and the billing, all of which is incorporated into the Final Judgment.  That certainly permeates the whole of the proceedings.  Our judges need to read all of these opinions and start making them part of the practice.

In any war there are wins and losses, good days and bad days, but today marks one of the most important days in the history of Florida’s court systems.

Due to a concerted effort of committed community activists, dedicated attorneys, an energetic and invigorated press, our courts have affirmed that the Florida court system really does belong to the people.  Tomorrow I will publish the documents referenced in the attached article, but for tonight I want each of you to first click on the link below and understand then support the mission of the

Florida First Amendment Foundation

and American Civil Liberties Union

No matter what part you play in this war, we all need to support the press and organizations like the First Amendment Foundation and the ACLU that are taking the lead to defend and support the Constitutional rights of all Florida citizens.

As long as our leaders are still responding to all the real people in the world, voters and citizens, there is hope for us all yet!

There is one other critical piece of information that the entire world needs to be aware of so that when the history on the entire Fraudclosuregate saga is written.  Today’s announcement, a reaffirmation of key Constitutional principles by the highest court in this state, can be traced directly back to the tireless, persistent and selfless efforts of Lisa Epstein at Foreclosure Hamlet.

This is not just a generalized praise for Lisa’s efforts.  Lisa, along with her community of supporters and activists at the Foreclosure Hamlet, made a commitment that the rights of all citizens would be protected and respected.  In the spirit of true patriotic action, she set to work, putting the pieces together every single day since the effort started that helped make today’s announcement possible.  She helped every day people find their voice.  She stood up for those scared and out gunned pro se defendants. She reached out to press and to leaders that would listen.  She made her case, she made our case…and our state, our country is so much better off as a result of her effort.

Associated Press Article Here

GOD BLESS US ALL, GOD BLESS ALL OF YOU WHO SUPPORTED THIS IMPORTANT EFFORT

NOW LET’S ALL PLAN TO GET TOGETHER ON SATURDAY, NOVEMBER 20TH AT

11:00 A.M. IN TAMPA

This is a critical week in the Foreclosure Fraud Fight, with the eyes of the nation focused on what’s happening in the Sixth Circuit of Florida.  Thanks to Ice Legal, Foreclosure Hamlet, 4ClosureFraud, April Charney and all the JEDTI members who are helping to carry the load in these epic battles!

Tomorrow, beginning at 10:00 a.m., I will be a featured guest on a nationally broadcast, live radio call in show, ThePowerHour with Joyce Riley, a three-hour syndicated LIVE radio broadcast Monday through Friday, 7-10 AM CST. Special thanks to Ice Legal, Foreclosure Hamlet and my mentor and inspiration, April Charney!

A special focus will be on foreclosure fraud and the ongoing fraud involved particularly in Indymac bank cases.  My trial against Indymac, where they are seeking to throw my disabled 84 year old client out of her home starts with pre-trial motions tomorrow at 1:30 p.m., with the full trial to be held Monday July 12, 2010.  All are encouraged to participate and to come to the Pinellas County Courthouse, 4th Floor, to watch this very public David v. Goliath battle take place.

You can listen Live at  www.ThePowerHour.com or on the following radio stations:

We open our telephone lines to callers both nationally and internationally:

For audience call-in to live broadcast: 1-800-259-9231

International callers use 1-651-289-4333X125

The BP Oil spill is a tragedy of epic proportions and, according to a variety of credible sources, the tragedy was a result of known and preventable failures by BP.  There is also a growing body of evidence, again from credible sources, reporting that the cleanup efforts have been delayed and solutions denied for a variety of political considerations and just plain old incompetence….(See Wall Street Journal article here.)

Bottom line is regulations should have been in place and enforced to prevent it from happening, BIG OIL should have been required to practice for such failures and equipment should have been in place to clean up the damage….but none of this was done.  Skimming ships in use and available all around the world have been senselessly denied access to the Gulf of Mexico due to archaic law, the Jones Act, that Obama and the feds have refused to waive.

So what’s this got to do with foreclosures?  Well, there is more than enough evidence out there that widespread fraud and fundamental breakdowns created the mortgage madness that led to the surge in new mortgages in 200-2006.  These are the mortgages that have brought us to the Great Foreclosure Crisis we now find ourselves in. The same frauds and breakdown in fundamental systems has now infected our court systems but many of our elected circuit court judges refuse to recognize the long-term consequences of allowing this unprecedented infection of fraud and abuse of their courts to continue.  Circuit court judges must stop and recognize that they cannot allow fraud and abuse of court rules and laws to continue unchecked.

Foreclosure defense attorneys and advocates need to continue to document the fraud and abuses that are occurring in courthouses all across the country…I particularly applaud the websites Foreclosure Hamlet and 4ClosureFraud.com for the good work they’re doing.  We must all keep shining bright spotlights on the frauds and abuses being perpetrated by the foreclosure mills….keep looking out for examples of Florida Default Law and the Law Offices of David J. Stern (wait strike that, I mean David J. Stern Enterprises and it’s blank check holding company, Chardan 2008)

While we’re all focusing on the frankly small number of homes that are making it to sales on the courthouse steps there are a variety of very troubling issues that we all need to be focusing on:

Exparte Substitutions of Party Plaintiff- The rules that permit a party to be substituted are being abused and employed to perpetuate dramatic frauds on the court…fight them every time you see them.

Assignments of Bid- After final judgment, the judgment is “assigned” to another party…there are just too many of these occurring.  The numbers suggest something improper is occuring.

Certificates of Title- We all need to watch to see if the name the Certificate of Title is being issued to is in the name of the Plaintiff.  I have the sense that these are being “slipped” in.

Failure of Capacity- There are far too many cases being pursued by Plaintiffs that either lost the capacity or authority to pursue somewhere along the way or who never had it from the outset of litigation.

Cases that Stall or Die- I am in the middle of researching the surprisingly high number of foreclosure cases that were filed in 2008 and 2009 that were filed and that just did not proceed.  Many of these cases were not defended in any way.  Judges and some parties believe that the homeowners are in modification, but in the majority of cases I’ve found, no modification or deal is in place.    The homeowner continues to live in the home with no payment and no communication from any debt collector, whether phantom or real.  Did the law firm or party that filed the case ever have any business filing that case?

Our elected circuit court judges need to be carefully considering all of this and especially the new senior judges that are presiding over Rocket Dockets.  We just cannot sit aside and allow all this to continue.  I have faith that our senior judges, who are not under the same improper pressures as our elected judges, will quickly become incensed by the practices we see every day and that they will push back against what they see. Having said that, it is our job to educate them.  Let’s make sure elected judges and senior judges are reminded that a fundamental and key element of our system of government is separation of powers.  They should not continue to be pressured or bullied by the legislative branch to throw away laws, ethics and rules in a mad rush to plow through this crisis.

JUDGES- PUSH BACK AGAINST THIS MADNESS!

The leaders of a growing movement that is dedicated to protecting homeowners who are in foreclosure concluded an important meeting in Boca Raton on Thursday June 24, 2010. Over the next several weeks, important developments from this meeting will be announced including:

Renewed Efforts to Share Legal Research, Pleadings and Case Strategies

Bi-Weekly Conference Calls

Legislative and Political Outreach Initiatives

Trial and Critical Motion Support and Attendance

Appellate Case Development, Drafting and Oral Argument Support

Effective Practice Building Procedures- There are too many consumers that still go unrepresented and this will change. This deprives them of their rights and places additional burdens on our judges. We’re all going to work together to make sure that every consumer has the resources and information they need to fight the critical battles they face.

The list serves and other groups we’re all part of have been absolutely invaluable to elevate the practice of this area of the law, but these new efforts will help us all to take this practice area to a whole new level.

If lenders and their attorneys do not start negotiating in good faith, the next phase of this wave of litigation will be trials.  Given the significant evidentiary and other issues that exist, I am convinced that trials will be unwinnable for the majority of foreclosing plaintiffs. The members of the ethical and responsible foreclosure defense bar now recognize that every case must be prepared for trial and appeal beginning with the very first motion filed.

Mark Your Calendars Now, Upcoming Events Include:

Motion to Dismiss/Motion In Liminie/Motion to Substitute Party Plaintiff- The facts in this case and the tactics being developed have application to thousands of cases pending across the state.  Members of the defense bar are encouraged to help prepare ahead of time, then come watch these proceedings to see how the tactics can be applied in your cases.

Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/8/2010 – 1:30

Mortgage Foreclosure Trial- There have been very few full mortgage foreclosure trials in recent history but that’s all going to change in the months and years to come because if lenders refuse to negotiate in good faith, we will be prepared to take these cases to trial.  Come watch this trial for insight into the exciting new era of foreclosure defense.

Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/12/2010 – 1:30

Taylor v. Deutsche Bank Fifth Circuit Appeal Oral Arguments- It is increasingly obvious that many of the complex issues that confront our this area of the law will be resolved not in the trial courts, but in the appellate courts.  These oral arguments will be streamed live so even if you cannot attend in person, you will have the opportunity to watch the proceedings live!  I’m honored to make these arguments by my friend and fellow warrior Greg Clark.  We will be holding several Mock Trials in the next several weeks, so stay tuned for more information about these exciting events as well.

Before the Fifth Circuit Court of Appeals ~ Volusia County- 7/15/2010

We’re all grateful to the Florida Bar for their support and for allowing us to participate in such a meaningful way at our profession’s marquee event.  The message has been delivered and received loud and clear- the crucial problems faced by our judicial branch will be solved by ethical and responsible attorneys working together to serve our clients and the courts we serve.  If you’re in town today, don’t forget to come by the Foreclosure Hamlet meeting room where hundreds of consumers and experts from a variety of fields will make presentations and present networking opportunities.