Posts Tagged ‘mediation managers inc’
An Excellent Power Point Presentation on Issues Relating to Mortgage Foreclosures
Author: Matthew D. Weidner, Esq.
A few weeks ago, my friends over at 4closureFraud posted the following powerpoint presentation that was created by Nye Lavalle which details many of his observations regarding the documents that are created for the foreclosure process and lays out many of the concerns shared by those that are defending foreclosures and increasingly judges and members of the press.
I had a chance to spend time with the presentation over the weekend and encourage everyone to spend a few moments going through this thoughtful and well-researched presentation
It is important that we all keep up this effort to support the judges, investigators and advocates who are standing up for the highest aspirational goals of our legal system.
My thanks to Nye for sharing this with us all!
THE $49,000 ORDER IMPOSING SANCTION ON FORECLOSURE MILL
Author: Matthew D. Weidner, Esq.
I am going to post more on this later and include some additional information that illustrates how these guys still do not get it, but for now, I wanted to make sure that every one of you had this Order right away.
ORDER+HSBC+v+ANTONIO+DEFREITAS
I cannot count the number of times I’ve shown up for hearings only to have the foreclosure mill either cancel the hearing or just not show up. Often times they fail to notice me at all, but I’ve addressed most of that by requiring that all hearings be set and confirmed with me in writing. The thing about this Order is, if more judges would issue Orders like this, the whole practice of foreclosure would change overnight!
The most frustrating thing is the unfair treatment between the mills and those of us defending. If I miss a Summary Judgment hearing, that judgment is granted with no question. On the other hand, if my Motion to Dismiss is properly noticed and they don’t show up, the hearing is continued. One more thing, I’m tired of the mills setting Summary Judgment hearings when the case is not ripe for SJ and I have objected based upon that…….oh well, add that to the list.
One more thing….this judge was tough and fair and detailed. In the courtroom were dozens of defense attorneys as well. We got the message loud and clear and I immediately went back to my office and pulled EVERY SINGLE ONE OF MY FILES TO MAKE SURE I WAS ON TOP OF MY CASELOAD AND PRACTICE.
One more thing….most local rules of practice require that attorneys confer with one another before setting any hearings to try to resolve the matters. I try to demand this, but this doesn’t seem to work with the foreclosure mills. Before we take the court’s time and money, I would require that every hearing notice state prominently:
ATTORNEYS FOR BOTH SIDES IN THIS SCHEDULED HEARING CONFERRED TO TRY AND RESOLVE THE MATTERS TO BE HEARD, BUT WERE UNABLE TO AFTER GOOD FAITH ATTEMPTS.
Key Motions to Dismiss That Will CLEAR YOUR CASE LOAD!
Author: Matthew D. Weidner, Esq.
The motions posted below could be an important tool to help our judges fulfill the ill-advised mandate of the Supreme Court to CLEAR THAT FORECLOSURE DOCKET!
The problem with many of our judges is they think the only way to fulfill that objective is to grant summary judgment. The problem with this singular focus on Summary Judgment is it has created the environment where fraud, mistakes and unchallenged abuses are occurring in courtrooms across the state. Now that these abuses are being investigated, the key perpetrators of the abuses are looking to shift the blame and guess who they are blaming for the abuses they’ve heaped upon our courts….THE JUDGES ARE RESPONSIBLE FOR THE ABUSES!
That’s right, a key part of the defense presented by Roy Diaz in Monday’s contempt hearing in Manatee was, “Your honor I’ve got a volume practice and my fee structure won’t allow me to be sure fundamental rights aren’t violated.” As part of his defense of his practice, please review the following quote from David J. Stern’s attorney:
“Everything done is done by the judge who is there to protect the rights of the borrower and lender,” he (Jeffrey Tew) said. “David Stern didn’t create that problem; he is representing banks who are entitled to foreclose. Since he is the visible person, he will get a lot of bad publicity. There’s been a huge train wreck and David is like the surgeon in the ER: He is part of the process.”
CHARNESKI – MTD for Unverified Supplement
That was a trick, but please visit that page. The next motion and memo is very significant because it potentially impacts thousands, perhaps tens of thousands of foreclosure cases that are clogging our dockets and which courts may be moving forward on their own initiative or when one of the foreclosure mills tries to push it forward. A key point to take from this appeal that has not yet been filed is that when a court enters a Final Order dismissing a case, the court loses jurisdiction to take any further action on that case and any judgment entered thereafter is VOID. Have a look at the case law contained in this Memo and see how it can be applied to other Orders of Dismissal that have been entered in your case. Be prepared in your cases to make sure a judge understands that when he enters a judgment on a stale or dismissed case, he risks entering a VOID judgment and causing title problems for decades to come….
And yet another motion that should be filed and considered. The problem with this one, and other time-mandated dismissals is the courts seem far too reluctant to grant them. The fact is there are thousands of these notices pending out there across the state and rather than probing the firm about why they have not moved the case, the court seems obliged to keep the cases open. I want our courts to understand that the net affect of tens of thousands of stalled, no activity cases is the major source of backlog on their dockets. The filing fee paid in 2008 should not be permitted to keep a case open in perpetuity because the costs associated with those cases are used by the courts in that first year. The message should be clear…when you file a case, be prepared to proceed with it or it will be dismissed. Here’s the motion:
Motion to Dismiss For Lack of Prosecution(2)
And here one of my personal favorites
And now the most important thing:
Lender Break Ins
Author: Matthew D. Weidner, Esq.
Attached is a lawsuit that I filed last week, along with police reports that detail the facts of thugs breaking into my client’s home and terrorizing two tourists who were visiting our country from Canada.
Pay particular attention to the findings of fact contained within the police report and the facts the Sheriff’s office uncovers during their investigation. What is most troubling about this phenomena is the fact that the Charlotte County Sheriff’s Office has declined to do anything about this case. What is even more troubling than that is the fact that my calls to the Sheriff’s Office have gone completely ignored. I’ve made my way up the chain of command but have received no action on this issue at all.
In addition to being a serious breach of our fundamental rights, someone is going to get seriously hurt or killed here and no one in power seems concerned enough to do anything about this.
This police report is truly very, very disturbing because it details how the lenders broke in and changed the locks on three different properties….
READ THE REPORT CAREFULLY, BECAUSE IT NOTES THAT THE BREAK IN OCCURRED BEFORE A FORECLOSURE WAS EVEN FILED!
INCIDENT NUMBER THREE- TERRORIZED IN HER OWN HOME AND EXAMPLE OF LENDER/SERVICER INSURANCE FRAUD?
The reports below are also very disturbing because again, we get law enforcement making findings of fact but declining to do anything at all about the obvious abuses that are being committed by these lenders on this homeowner. This homeowner is terrified of returning to her own home, afraid that these thugs will have rooted through her home again.
Look at the pictures in the report….just think of how violated you would feel if someone came into your home and took pictures at will, throwing your possessions about about and stealing whatever they thought they wanted.
Most disturbing, what if law enforcement denied your requests to do anything about it and told you they would do nothing to protect you?
The fact that lenders are breaking down doors and changing locks and law enforcement is not even doing anything really is very, very disturbing. I can only hope that our press will begin to pick up on this as an issue.
CALL TO ACTION- FLORIDA’S RACE FOR ATTORNEY GENERAL
Author: Matthew D. Weidner, Esq.
The upcoming election will be important for us all, but for those of us in the foreclosure fight, the most important race to watch will be for Florida’s Attorney General. The Attorney General of Florida is this state’s top law enforcement officer. The office is currently investigating a whole range of improper and probably illegal conduct that is being conducted on a wide ranging basis by the foreclosure mills. These investigations will continue regardless of who wins the race for attorney general, but how hard these investigations are pressed can be influenced by YOU!
The abusive conduct that is being engaged in by a whole host of players is being ignored by judges, the Florida Bar and just about anyone else in a position of power who could be standing up to fight for Floridians, but at least Florida’s Attorney General is showing some concern about this incredible abuse of the legal system. After last week’s primary races, there are two candidates for Attorney General and one of these candidates will be elected come November. The two candidates are:
and
I want each of you to visit the websites above and carefully review each candidate’s profile and position statements. In reviewing the websites, I am most encouraged by Gelber’s attention to the mortgage crisis because it at least shows this is on his radar screen.
Here is what I want all of you to do…..write to each of the candidates and express your concern about the foreclosure process. Tell your personal stories and ask the candidate to express strong positions on the abuses of the foreclosure mills. We need to get them locked into positions now so that they cannot be influenced by the foreclosure mills and their cash later down the road.
JOIN EACH ONE OF THE CANDIDATE’S FACEBOOK PAGES AND AGGRESSIVELY REACH OUT TO THEM. IF YOU HAVE CASH TO SPARE, PLEASE CONSIDER MAKING A SMALL CONTRIBUTION TO THE CAMPAIGN.
SPEND A FEW MOMENTS OUT OF YOUR TIME TO GET ON THE RADAR SCREEN OF THESE CANDIDATES.
GETTING INVOLVED IN THESE RACES IS THE MOST IMPORTANT THING WE CAN DO TO INFLUENCE THE FORECLOSURE PROCESS. PLEASE POINT TO THIS THIS WEBSITE AS GENERATING INTEREST IN THIS CAMPAIGN AND BE PREPARED TO GET AGGRESSIVELY INVOLVED!
Foreclosure Defense 101- My Friday Afternoon Gift to All of You!
Author: Matthew D. Weidner, Esq.
Attached in this post is 84 pages of material that can form the basis for powerful defense in your foreclosure case. Good thing it’s posted on the weekend so everyone can spend the weekend reading and absorbing the material.
The package was prepared by my friend and Fellow Foreclosure Fighter Ryan Curtis. For those of you fighting to keep your homes and defend this country in the Middle and Northern parts of Florida, I encourage you to contact my friend Ryan using the contact information below.
That really is one of the things that makes this fight so rewarding is the level of professionalism and selfless sharing that occurs among the many dedicated attorneys that are fighting to protect homeowners and defend our courts all across the state. Unlike so many other areas of the law where attorneys jealously protect their work so that other attorneys cannot benefit from the very real investment of time that is spent in researching and preparing the work, the attorneys that draft these motions and share the research that is posted on here share it generously so that the larger community benefits.
We’re all in this together and if we somehow manage to make it through this mess we will have many good people (attorneys and layperson included) to thank for contributing to the fight!
Ryan C. Curtis, Esq.
175 NW 138th Ter., Suite 100
Jonesville, Florida 32669
(352) 333-7207 Tel.
(352) 333-7208 Fax
