Posts Tagged ‘greg clark’
VIDEO REPLAY OF TODAY’S 5TH CIRCUIT APPEAL- IT’S TIME TO APPEAL, APPEAL , APPEAL
Author: Matthew D. Weidner, Esq.
CLICK HERE FOR LINK TO VIDEO OF ARGUMENT
(Taylor v. Deutsche Bank)
Today’s oral argument before the 5th Circuit Court of Appeals in Daytona Beach Florida was one of the highlights of my career. The only thing I take more personal and professional pride and satisfaction from is going to war against the aggressive and well-funded firms and winning for clients who don’t have the means or resources to pay big law firm fees.
The arguments were tough and these judges knew this case inside and out. The research the judges had done and the comments that the Chief Judge, “did a nationwide search of cases”, shows just how much attention these judges are paying to the important issues raised in this case. A key thing I want everyone in this community to know is just how much work was contributed to this case by many other people. The key point of this experience is the emerging understanding that these issues are far more significant than “merely foreclosure”. The brightest and most experienced lawyers, judges and advocates now recognize just how complex and confounding the foreclosure catastrophe is. Recognition is an important first step…and what is this fight?
This fight we are engaged in is a fight to PRESERVE, PROTECT AND DEFEND our homes, our courts, our Constitution and fundamentally our country. I am convinced that this 5th District Court of Appeals really gets it and I am more convinced than ever that the solution to the foreclosure crisis –the long term solution that benefits lenders, financial markets, communities, courts and homeowners is to BRING THESE ISSUES BEFORE APPELLATE COURTS.
Our commitment must be to selflessly give to support the effort to protect our clients, develop this law area of the law and CONVINCE OUR JUDGES THAT THEY HAVE A SOLEMN AND UNAVOIDABLE DUTY to apply the law in support of homeowners, their communities and the Constitution they took an oath to uphold.
Its time for more appeals. Time to stop complaining about motions being denied and law not being applied. Time to join together, contribute the resources, time and talent to make this right. Stay tuned and be ready to pitch in.
(A special thanks to my hero and the mentor of many great lawyers across the country, April Charney who traveled with her daughter [an emerging attorney to be reckoned with in her own right] to watch the argument live. )
THE MOST IMPORTANT FORECLOSURE CASES IN FLORIDA COURTS!
Author: Matthew D. Weidner, Esq.
Tomorrow’s Oral Arguments before the 5th Circuit Court of Appeals, beginning at 9:00 a.m. is one of the most important appellate foreclosure cases to be argued in a very long time.
Along with Verizzo, BAC Funding, Frost and Regions, this case has the distinct possibility of changing the landscape for foreclosure defense not just in this state but nationwide. Indeed the eyes of the entire country are focused on this important case….and you have the opportunity to see it all go down live. I am profoundly grateful to the community of foreclosure defense advocates who are fighting to hold the practice of foreclosure law to the very highest levels of professionalism and practice. It is a tremendous honor to be part of this experience, and I am especially grateful to April Charney, Greg Clark, George Gingo, Randal Reder, Daniel Rock, Dominic Salfi, David Acosta and all the other committed advocates who have supported this effort.
Log on and participate in this fundamental and so very important part of our American judicial experience!
After arguments, I will be again posting all cases relied on and other important documents. Today I want to share with you an important document that includes many of the most important cases that any advocate needs to know in every single foreclosure case.
This comprehensive share of documents can be found here:
TABLE OF CASES-Weidner (Mortgage)
Next, here is a very important case that deals with he unfortunate and all too common situation when homeowners working with their lenders to resolve foreclosure and do not participate in their foreclosure case, believing that their loss mitigation efforts count as their response to the case. A homeowner should be relieved from this error, as indicated in the case here:
INDYMAC IS A FAILED CORPORATION- THEY SHOULD NOT BE ALLOWED TO CONTINUE IN LITIGATION!
Author: Matthew D. Weidner, Esq.
Keep up the good and honorable fight to protect homeowners like my 84 year old homeowner, Erice Davis. Fight the arrogant and out of control banks who continue to kick the weakest among us when they’re already down.
Fight to understand who really benefits if an elected circuit court judge throws their neighbor out on the streets. (Fat Cat Wall Street Bankers and foreign investors like Deutsche Bank)
Fight to uncover, expose and disclose who the real owners and beneficiaries of foreclosure litigation are…don’t let them hide behind servicers or straw-man litigants….make them come forward and fully disclose their claims.
Force litigants in foreclosure litigation to come to the settlement or mediation table prepared to accept real world, practical settlements rather than pre-programmed loss guidelines that are subsidized by our tax dollars. (Read the Onewest Shared Loss Agreement) and read a balanced and more credible review of the transaction here and the FDIC Press Release here.
And for the real, credible, admissible evidence, read deposition testimony and motions below:
DefendantsResponsetoMotiontoSubstitue
INDYMAC_interest_sale_assignment_agreement
Special thanks for all the work in this effort to Jon Coats, Mark Stopa, April Charney, Greg Clark, Ice Legal, all the JEDTI fighters who are working behind the scenes and David Acosta at Case Clarity who continues to provide exceptional trial support for this important effort. Bookmark the Case Clarity site here for important information on trial support in all cases.
Advocates must begin to band together to fight, share information and support our courts in the fight to restore justice and integrity to our court systems.
Please contact me for information and strategies that have been developed to pool resources and fight together.
SMACKDOWN~ TWO EXCELLENT NEW DISMISSAL ORDERS!
Author: Matthew D. Weidner, Esq.
Any week when we get judges applying the law and dismissing the foreclosure garbage is a good one, but when we get TWO ORDERS in one week
FROM TWO SEPARATE CIRCUITS…HELL THAT’S DAMN NEAR EXTRAORDINARY!
It seems crazy that we should make such a big deal when judges actually apply the existing laws to foreclosure cases, but given the widespread abuses of the foreclosure mills and, with all due respect, either the failure of judges to understand the particularities of real estate law or worse, knowing the law and ignoring it as applied to foreclosure cases, but this is the case.
Anyway, Greg Clark is among the best Foreclosure Defense attorneys in the state, a true statesman in the fight and a vocal and brilliant opponent of the whole MERS scheme. Contact Greg here for more information about these complex arguments.
More importantly, read his clear and brilliant Orders that dismissed foreclosure cases and which were GRANTED, just last week:
Judges across this state need to be educated on the issue of “Dropping the Lost Note Count“. This is yet another widespread practice that has infected our court systems, but the process IS NOT SUPPORTED BY CASE LAW. More importantly, Final Judgments granted based on cases where the Lost Note Count was dropped are subject to title challenges for decades to come….stay tuned on this one! (Search this blog for “Lost Note” for a detailed explanation of the problem)
CONGRATULATIONS GREG- THE GOOD FIGHT CONTINUES!
Why The Rally in Tally? The Foreclosure Mills and MERS Represent A Fundamental Breakdown in Law And Institutions
Author: Matthew D. Weidner, Esq.
The Fight for Homeowner’s Rights that we’re taking to the Florida State Capitol at 9:00 am tomorrow morning is not just about defending homeowner’s rights. While that is key, it’s frankly much bigger than that. What we need judges, legislators and the public at large to understand is that the foreclosure crisis as it is now being played out in our country’s courts, presents a clear, present and grave threat to our most important branch of government….the judicial branch.
A Short Explanation of the Greatest Con in The History of Mankind And Why We’re Going to Tallahassee
This country and in fact the world economy was brought to its knees by the fraud and games played by the banksters. They conned the people when mortgages were originated, the institutions conned each other when the packaged and traded the pools of loans and they conned our retirement funds and the investment houses of our allies abroad when they packaged and sold these mulit-million dollar pools of consolidated fraud.
When the con was discovered, the federal government stepped in and payed off the investors because they were “too big to fail”….and the consters took more profits of the top of the bailouts. When the feds provided money to rehabilitate the servicers and lenders (more than $75 billion to dates), they pocketed that money and are not using it to help the American people. Now the lenders and servicers have moved the end product of their con into the courtrooms all across this state. Rather than admit the problems they have and own up to the fraud and lies that have infected their entire industry-wide business practices, they are perpetuating the con artistry and creating still more fraud and deceit.
Document Mills filled with Robo Signers toil away 24 hours a day creating patently false or facially questionable documents based on instructions from the con artist lenders and the foreclosure mills they have retained. The documents created in these mills almost never have any basis is known facts and are often patently incorrect. When these documents are next formally or informally entered into court cases by attorneys, they become evidence. The documents are not evidence that proves a right to foreclose….they’re the final piece of documentary evidence of an industry that went wildly out of control. For too long, judges relied on this “evidence” as the basis to throw good homeowners out of their homes, but that is changing. Defense attorneys have caught onto the patterns and practices of fraud and deceit and now judges are beginning to see this evidence not as evidence to support foreclosure, but Evidence of the Greatest Con In The History of Mankind.
We all need to support our judges….we all need to do our jobs better. Preserve the evidence. Hire court reporters for every single hearing. Examine all evidence carefully and make proper legal objections to that evidence. Understand the rules that apply in court and the case law and statutes that govern our courts then make them apply in court cases. Recently Judge Rondolino examined all the case law surrounding the introduction of affidavits in foreclosure cases and came to a conclusion I had months ago….the affidavits admitted in virtually every foreclosure case are completely inadmissible and cannot be used to grant foreclosure. Read the transcript of this hearing here. This issue first came to light when a third year law school student working with me, Michael Fuino, examined the process and questioned the basic assumptions we had all been operating under….the point is it took a third year law school student to catch an issue that we’ve all been incorrectly working under for years and which affects literally million of cases across this country.
The fast-food, Persian bazaar manner in which affidavits, assignments and other evidence are created and presented in our courts and the unfortunate way in which this “evidence” is accepted represents a fundamental breakdown in the ability of our courts to dispense justice. Granting foreclosure is not a business process. The Grant of Foreclosure is a judicial act and it deserves the same respect, dignity and thoughtfulness as any other judicial act.
Our courts are not assembly lines obliged to rapidly dispense Orders at the demand of Con Artists and their Lawyers. Our courts are the last bastion of truth and hope and dignity in a crumbling world. When a judge puts on that judicial robe he or she wields the awesome power of the Constitution of the United States and of the State he or she serves. When the processes and evidence placed before our judges is so perverted that we lose sight of the awesome power we’ve instilled in our courts, then we’ve lost our way….and that cannot be allowed to continue.
Below is Greg Clark’s compelling video that explains how these processes are being used to perpetuate this fraud and below that are talking points that he will deliver in Tallahassee on Wednesday April 21 in the Capitol. Together we will turn this around. Justice demands it.
What’s wrong with MERS?
The issue I argue is that a ”Nominee” does not have the power or authority to assign. It is a very limited, really the lowest, form of agency. They only have what is expressly granted them in the mortgage. The MERS mortgage does not grant MERS the authority to sell or transfer the mortgage loan nor the power to assign its duties as nominee. In fact the MERS mortgage itself fails as a conveyance for being indeterminate with its language being hopelessly vague and ambiguous and because splitting a mortgage away from its note, bifurcation, is not allowed at common law without rendering the mortgage a nullity. Furthermore, although it might be swallowed that MERS was agent enough to represent the original lender how can it possibly act as agent for subsequent note holders? an agency is not assignable. Further, how can there even be an agency created in the first instance between MERS and the original lender by virtue of the mortgage?: it was not signed
by either the principal or the agent, only the borrower.
In short, the MERS mortgage is legally problematic and to me fails as an effective, valid conveyance in the first instance. Please take the time to read the Kansas Supreme Court decision in the Landmark v. Kesler case. Google: Kansas Kesler MERS. Also read the appellate opinion which was affirmed on appeal to the Kansas Supreme Ct. We (JEDTI) have this issue before the 5th DCA in the Taylor Appeal (George Gingo’s case). it is fully briefed and ready for oral argument which we hope is scheduled for early summer. MERS was and remains instrumental in cloaking and making invisible the real note holder, the owner and real party in interest, the guy we really owe the debt to. In essence using the MERS as a strawman lien holder prevents any meaningful, reliable title search to determine who is the right party to payoff; MERS does not take payoff checks, yet it holds the mortgage.
I believe its use has rendered our public title registration system useless as a means of verifying and assuring clear title. If the note owner/holder is the true lienholder then the creation and use of MERS has created the invisible lienholder which is the antithesis to why we have a public record in the first place. It’s use has also deprived our local county governments of recording revenue as the note holders/owners simply transfer/assign “electronically” to each other within this privately controlled matrix.
Imagine, if the law wants to abide the concept of MERS and give it a legal pass then why can’t I formed my own company and called it “DERS” Deed Electronic Registration System”, what’s good for title to mortgages should be good for title to the real estate itself: DERS would hold legal title to a deed to real estate as “nominee” and all subsequent transfers could be done electronically from sellers to buyers with out the need to record, all done privately, all out of site and control of the people, the government. Imagine the revenue the county and state would miss out on. Of course you would have to be a fee paying member to join my private, closely held company. Like starting my own little country with its own private tax collecting system, controlling economic information.
America’s economic vibrancy has always been based on its freedom of title information, neutrally kept in an egalitarian public record, and the rule of law, which cedes no monopolistic power, cloaked and hidden, over our property rights. Trusting our public record, giving it over to select, privately motivated, and unelected entities, does not promote a fair and level playing field for all investors nor a safe place to write title insurance to protect those investors. It seems pretty undemocratic at best.
And at worst seems to fit glove in hand with an unregulated Wall street as one of the reasons for, or indeed the very catalyst itself that enabled our economic meltdown.
News Alert- Wall Street Has Been Blocked Off With “Crime Scene” Tape
Author: Matthew D. Weidner, Esq.
The gig is up, the word is out and the timing couldn’t be any better for our Homeowner’s Rights Rally in Tally, Wednesday April 21, 2010 beginning at 9:00 a.m on the “Old Capital” side of the Capital. More information on exactly where the buses will leaving from will be published later, but the Team Ice buses out of West Palm will leave early, very early Wednesday morning/Tuesday night. In terms of formal agenda while at The Capital, there is none and really cannot be..we just have to roll with the legislative calendar and understand the demands on our legislators time…..we get to speak with them and meet with them when they are able to fit us in. There are many other important issues that they must resolve in addition to ours. (Like that budget hole based on falling real estate property values and declining sales receipts.
The morning news wires and papers are alive with news of more investigations….this time the Wall Street Journal announces the Feds are investigating Countrywide Home Loans. Last week it was Goldman Sachs.
The Homeowner’s Rights Bar Is Investigating A Formal Petition to Either the Florida Supreme Court or Federal Court to Block Pursuit of All Foreclosures
The Federal Investigations are going to keep rolling out and rolling out and rolling out. Florida’s Circuit Courts are Courts hearing foreclosure cases are Courts of Equity. That not be one more basis we use for a formal legal challenge to the continued pursuit of foreclosures….the widespread nature of federal criminal investigations certainly suggests that Courts in Florida cannot do equity while those seeking reward in courts are under such investigations.
Another basis for our growing legal challenge is the fundamental harm the current wave of foreclosures is doing to title to real property in Florida. For more on Greg Clark and Daniel Rocks very detailed analysis on why foreclosures should not continue under these circumstances, see below:
