Matt Weidner – Fighting With The American People

Posts Tagged ‘matt weidner law’

Perhaps you’ve heard the line about not wasting a crisis. It means seize the opportunity to make big changes.

Well, the banks are doing just that: they are using their self-created foreclosure crisis to build pressure to dismantle judicial foreclosures. The bankers want it to be much cheaper and easier to take collateral with fraudulent documents. Which it is, in non-judicial foreclosure states.

Before I dissect an example from today’s news, I want to explain why I think the banker campaign to end judicial foreclosures is about easing fraudulent foreclosure, rather than, say, liquidating collateral quickly. It’s simply really– the banks aren’t swiftly liquidating the collateral they’ve already taken title to. The banks are letting the properties rot.

More than that: the banks are slowing foreclosures all on their own. Florida attorney Matt Weidner saw banks voluntarily dismiss some 50 foreclosure cases he defended in 2010. A year later, not a single one has been refiled, even though his clients remain in default. Or consider this anecdote from Michael Olenick of Seeing Through Data:

The last time I went to [Florida] foreclosure court with a reporter there was a borrower who thought the bank lawyer was his own lawyer because, he said, “she really goes all out, even when the judge gets cranky, to keep me in my house.” The judge was cranky the bank attorney wasn’t advancing her case and kept arguing for sale delays (cranky’s an understatement; red in the face yelling at her) but she kept her ground.

I tried to explain to the defendant that she works for the bank and is supposed to be trying to take his house but he wasn’t having any of it. After a few minutes of that the bank lawyer came out of court and he said “hey – I have to go – I have to ask my lawyer what to do now.”

Let’s be clear: the banks aren’t bitching about the Due Process accorded homeowners in court because the banks need to speed up foreclosures. No, the bankers want what they always want: to cut costs and reduce potential liability. And that’s easiest if they can manufacture fraudulent docs, as needed, and foreclose using them without hassle.

ABIGAIL FIELD

Who knows what the real numbers of new foreclosure filings are and who really cares what the wave of new foreclosures (whatever the number is) means.

Let’s all just keep focused on the important things….filing new foreclosures and churning the old ones.

Why, at this rate, we’ll be able to keep burning this fire for…I don’t know….

FOREVER!

Old foreclosures pending + Lots of new foreclosure filed= Florida, the Foreclosure State!

But with new construction starts ground to a halt, that means there’s no new wood to add into the fire…so will the foreclosure fire burn out all its fuel leaving behind only a charred and barren wasteland?

And still, even through all this, the smart people sitting in the big marble buildings keep screaming….

WE’VE GOT AN ECONOMY TO GET MOVING, THROW MORE FORECLOSURES IN THE FIRE!

Why, it’s as if the fraudclosure industry is the coal we’re using to fuel the locomotive that is our economy.  (Although given the breadth of this nightmare it’s more like fraudclosures are the nuclear fuel at the core of this perpetually active fuel cell.)

Here’s the story from the Times:

Once again, Tampa Bay leads the nation in foreclosures, by a lot.

The number of bay area properties receiving a notice of default, scheduled auction or bank repossession jumped nearly 18 percent from March to April according to a RealtyTrac report released today.

Year-over-year, the jump topped the nation rising 59 percent; Miami placed second with 38 percent.

Notices for scheduled auctions and bank repossession accounted for about 59 percent of the 4,295 filings last month in the bay area, the report said. The filings indicate banks are attacking a glut of homes near the end of the foreclosure process.

That’s good news.

(Huh? That’s the good news?  Well what kind of a twilight zone am I living in, pass the champagne!)

TAMPA BAY TIMES

They say a picture is worth a thousand words.  Well, maybe pictures will succeed where millions of words have failed.  Foreclosure defense attorneys and human beings who are suffering have poured their words out in pleadings filed with the courts all across this country, but the courts have ignored their words.  A defendant’s words are ignored and they are thrown into the street.  Families and children and senior citizens thrown into the street while the very same homes they’re thrown out of sit vacant, abandoned, abused, vandalized, made dangerous.

The banks have likewise poured their words out as well.

Fraudulent words, forged words, untrue words.  Printed and signed and sworn to and notarized under PENALTIES OF PERJURY on Assignments and Affidavits and legal pleadings and sworn statements filed in courtrooms all across this country. But their evil words, their lies, their desecrations of a once just legal system are accepted and consecrated by this legal system that has turned its back on the people it was created to protect.

Which of course begs the question,

“Are there in fact any PENALTIES OF PERJURY in this lawless nation any longer?”

Not from where I sit.  Jamie Dimon still flies high and free and proud. Blankfeld too. And John Corzine, they all sit high and mighty and live quite well, thank you very much.

But there are in fact profound and devastating consequences for all their lies and their conduct down here at the ground level, on the front lines of this war.  I see it in the faces of my clients and in the faces and the eyes of all those hapless and hopeless people who sit in courtroom benches waiting for what passes as “justice” in this evil age.

I stared back at these faces the other morning as one of Florida’s Foreclosure Rocket Dockets initiated and was ready to take off again the other morning.  Hundreds of families thrown out into the street, the judge sitting in his black robe while a foreclosure mill worked in perfect synchrony to throw these families, these human pieces of detritus into the judicial wood chipper.

Bank Lawyer: Foreclosure

Judge: 120 Sale Date

Homeowner: Um, Ok Judge if you say so.

No evidence. No review. No consideration of forged assignments or forged notes or no evidence or anything for that matter. Not a single thought that maybe, just maybe our nation’s legal system had some scintilla of an obligation to police, some duty to protect this unwashed sea of humanity from the tyranny that is wrought upon this land.  Just human beings thrown to the wolves, thrown out into the streets. Every unchecked judgment a victory for the banks, every judgment a human carcass thrown onto the inferno of injustice that rages across this nation.

My heart sunk when I watched the Florida Supreme Court’s Pino v. Bank of NY arguments.  I know these justices have not seen what we see every day.  Oh how I wish they would strip away the robes, those glorious robes and wear the uniform of today’s American.  What an experience it would be for one justice, two justice, three justice, four to travel the state anonymously playing the role of one of those they swore an oath to protect and defend.  Oh what an experiment in real liberty and justice if they came dressed in dirty denim to see how the court system they control now functions.  What would they think as Sheriffs barred their entry into supposedly open courtrooms?  Would they perceive courtrooms are fair and equitable when the banks are camped out, set up, comfortable and organized, streamlined, their papers pre-prepared, handed to the judge while they take the judge’s stamp and KERCHUNK, KERCHUNK, KERCHUNK, stamp out orders.  What would they think of foreclosure “trials” where no evidence is presented at all, only papers, prepared by the banks, then blessed by the judge.  Kiss the ring.  How can “our” justices judge if they have not had this experience?  How can the perception and perspective be balanced if their connection to our state’s legal system is predominated by thousand dollar fundraisers sponsored by the nation’s banking elite?

It cannot.

But again, these words fail.

Perhaps these pictures might capture the story better. (here)

In a MAJOR Development a federal judge has blocked enforcement of the NDAA, the National Defense Authorization Act of 2012.

This is EPIC news and provides some hope that the Rule of Law and the Constitution are still alive (although clearly on life support)

At least for now, if I disappear mysteriously, my friends and family won’t be left wondering…

Did the US Government secretly pick him up and ship Matt off to a prison in some foreign land where he will be held indefinitely with no trial, no attorney, no notice, no anything…?

NDAA BLOCKED

I’m concerned that in a great many cases, the Plaintiffs are not at all being straightforward or truthful with the court or with anybody regarding who actually owns the loans they are using to foreclose and throw homeowners out into the street.

In far too many cases, they expressly assert that it doesn’t matter.

We get Motions to Substitute Party Plaintiff, Assignment of Bid and Post Sale Quit Claim Deeds.

This is all evidence of the larger and disturbing phenomena that the banks are lying to the court. Lying to everyone.

But as we see with the Pino arguments before the Florida Supreme Court, no one, not even this state’s highest court, seem to care about punishing any of the banks or the foreclosure mills for any wrongdoing…..even gross and documented wrongdoing.

So What Kind of Nation Is This When There is no punishment for wrongdoing?

And why should anyone follow laws or respect our nation’s legal system if the biggest and most powerful that walk high above us do not?

From The Story:

A suburban West Palm Beach foreclosure case has even bank employees confused, with internal emails that question whether the wrong entity is repossessing the house – but that then decide to move forward anyway.

Bank attorneys now want to purge the court file with the messages, which were filed mistakenly. The emails also mention trying to avoid mounting community association fees.

“I think the emails basically say the plaintiff doesn’t own the loan, and it belongs to a different lender,” said attorney Peter Snyder, who is representing Abby Lopez. “It may be Bank of America, or Bank of America could just be the servicer. That’s where it all gets crazy.”

Homeowner advocates say the three email exchanges exemplify one of their biggest concerns – that the wrong bank will take their home.

The concern arose when boom-time loans were repeatedly bundled or broken into pieces and sold by the original lender to trusts, investors or other lenders. As a result, a bank may be responsible for collecting payments and daily loan oversight, but not be the true owner.

PALM BEACH POST

The fuse on the student loan nuclear bomb has already been lit….millions of Americans are trapped and soaked in the radiation of debt that will undermine what’s left of this nation’s zombie economy. We’ve taken millions of potentially prosperous consumers out of the equation. (And apparently consumers is all the economy we decided to make….not workers or builders or savers.) But that’s off the subject, the trillion dollars in debt outstanding create a mountain that is insurmountable.

The post below is a general outline, we all really need to be digging deeper into the role securitization and the servicers play in this hell we’ve created….

And what exactly is going to happen when all these college grads realize just how grievously they’ve been screwed?  Well they ain’t just gonna live at home and wear their barista aprons forever….read this from a guest post:

Student loan debt has now surpassed $1 trillion, and the situation has gotten so bad that there are Americans who are having their Social Security checks garnished to pay off outstanding loan debt. Meanwhile, recent graduates sit in a precarious position of underemployment, combined with doubling rates and rising monthly bills as their loans are sold from one lender to another. It’s clear that we’ve reached a crisis point. But what got us here?

There are several places where we can lay blame: colleges, for becoming so expensive and ignorant of student finance, the government, for restrictive policies and inflating prices with student aid, private lenders with predatory tactics, and even students for allowing themselves to get in too deep. The fault lies not with just one, but all of these student loan villains, who have all done their part to bring us to a very real point of trouble. Read on to learn in detail how each of these groups has played a role in the destruction of student loans.

ONLINE COLLEGES