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MORTGAGE NOTES MAY NOT BE NEGOTIABLE! VIDEO PLAYBACK OF ORAL ARGUMENTS BEFORE THE SECOND DISTRICT COURT AHMSI V. HASSELL!
Plaintiffs must prove agency relationship!
Mortgage Promissory notes are not necessarily negotiable!
“Our” courts must defend the Rule of Law, Protect Consumers and not cave into the failed and corrupt business practices of the banks and their servicer/agents!
This was a hard fought case. A case I am determined not to let go down. It was wrong that I lost at trial, (something that very rarely happens) so I appealed. I was very, very encouraged that the 2nd DCA accepted Oral Arguments on the case and, as you watch the video, you’ll see that these very bright judges dug deep into these arguments.
In many ways, this case is yet another bellwether for this nation. Where are we heading as a country? Well, from where we sit today that’s real clear. The question presented in this appeal is,
“Where will this nation go from here?”
If there is any appellate court that I think would issue the hard opinions, Florida’s Second District Court of Appeals is it. Tough, brilliant judges who do heavy intellectual lifting. What an honor to enter courtroom and argue the big issues with the brightest legal minds!
Please watch these oral arguments and share with me your best criticisms, your best commentary, tell me what you think!
After reviewing the playback, especially after my intimate familiarity with the precise facts of this case, I am certain the arguments I presented represent the correct interpretation of law. The question is, will these correct issues of law prevail over the overwrought failures of the banking industry?
So much of what the opposing side was arguing was just plain wrong….but that didn’t stop them from making those arguments…compare their misstatements with the actual facts and proceedings at trial.
I hope the argument honors the great Max Gardner, one of the early fathers of the negotiability argument and April Charney for the standing at inception argument!~!
(And then to an extraordinary associate, Michael Fuino)
And the briefs and transcript:
Max Gardner’s Bankruptcy Boot Camp is presenting our most complete Foreclosure & Mortgage Litigation Boot Camp yet for attorneys representing homeowners fighting foreclosure in state and bankruptcy courts. Max and his handpicked panel of experts and insiders will address the essential issues to provide you tools critical to have in every case, including:
- Residential Mortgage Securitization
- Mortgage Servicers & Outsourcers
- Fannie/Freddie Uniform Mortgage Document – Beating Them at Their Own Shell Game
- Articles 3 and 9 of the UCC – Understanding and Arguing Negotiability (or not) of Notes
- Discovery and Litigation Techniques – How to Get Your Evidence In and Keep the Other Side’s Out, Including Bogus-Endorsed Notes
Margery Golant, Jay Patterson, Richard Shepherd, Kathleen Cully and George Holler will join Max to provide the background, in-depth analysis and insider insights you need to provide the best representation to your clients with regard to mortgage claims.
There is no single lawyer in this entire state of Florida who has done more to inspire, encourage and mentor other attorneys to take up the case of defending homeowners and Floridians of all walks of life from the abuses and the persecutions of the banks and Wall Street than April Charney.
Every single lawyer that has ever stepped into a courtroom and defended homeowners in this modern age owes a debt to her that is impossible to calculate. She is an early disciple of Max Gardner and of James Kowalski, two other pioneers, but then she light the torch and carried it SCREAMING up the mountain.
As anyone who has ever attended any of the hundreds of seminars that she dedicated her life to presenting, along with Jacksonville Legal Aid, she does not mince words and will not suffer sloppy or lazy legal analysis. I cherish her advice, her support, her wisdom and guidance and I know when I call her for that advice she’s not going to hold anything back….and will not hesitate to tear me apart when I’m clearly off the mark. No matter the time and no matter how dense the question, April’s door has always been open to me….and she dispensed her wisdom with an intense and fiery fury. That kind of intensity is the highest gift your mentor can give to you.
And so the news that April is fighting her own battle right now gives us all the time to stop and think…..as we labor throughout our days she will not permit us to whine about how hard this job is or how cross the judge has become or frankly to utter any excuses or complaints. We are in the middle of an epic battle…a battle for the very heart and soul of this nation….a battle for those higher calling values that April showed in her life’s work…a work that she shares with all of us.
April’s daughter might have tried to hide a bit from this incredible legacy, but I remember her mother’s pride years ago when she told me she was in law school…and then she positively beamed when she talked about all her good work when we were all together in Orlando last month….No, you cannot hide from that intensity.
And so while we all fight on right now, we’ve all got to ramp up our intensity and our passion and our fight to honor April. When we walk into courtrooms, don’t you dare think about backing down or cowering or slinking away from an argument…..drill down deeper, stand up taller and work that much harder….from every corner of this state and frankly from all across this nation….fight hard and let April feel all that fight as she’s in her own fight…
This life is filled with many ups and downs. Early this AM I got a great up that I shared with all of you. Now, I received a great down and ask your prayers and thoughts for my good friend and colleague, Max Gardner. Max was the VERY first lawyer to heed my advice and begin the practice or foreclosure defense in 2000 after our meeting at the NCLC meeting in Colorado.
Max has been a great source of strength, inspiration, and insight to me for over 12-years. Our history is well-documented in our recent 2-hour podcast found at http://mandelman.ml-
Max is not going anywhere, but he’s cutting down on his boot camps and going to take care of himself and his life and wife. I love this man and would like all of you in this fight to love him too and keep him in your prayers. We all owe him a great deal of gratitude and prayers and positive energy sent his way and to his family is a small price to pay for what he has given and sacrificed for all of us!!!
WHAT A GREAT WAY TO START OFF MAX GARDNER’S FORECLOSURE BOOTCAMP, JUNE CLARKSON AND THERESA EDWARDS RECEIVE AN AWARD OF HONOR FROM MAX FOR ALL THEIR GREAT WORK!
There are so many great attorneys here in this room from all over the state…an intense two days’ worth of effort, all these attorneys will start fanning out on Monday morning, changing pleadings, sending out new discovery, completely changing the battle plan as we all move out to ATTACK THESE BANKS THAT HAVE DESTROYED THIS COUNTRY AND DESECRATED OUR COURT SYSTEM!
The newest and best foreclosure defense STARTS MONDAY!