Matt Weidner – Fighting With The American People

Posts Tagged ‘pinellas foreclosures’

It’s just so demoralizing to document again and again and again all the fraud and forgery and corruption and abuse and consistently realize that no one cares.  Courts don’t care, attorneys general don’t care (especially apparently Florida’s new attorney general) and no elected “leader” cares.  We have confirmed and institutionalized gross and systemic criminality…..this is not done with ultimate consequences.

Naked Capitalism

Our courts are already under serious attack….and now the Florida Legislature is in session…a wild, wild session.

Saint Petersburg Times

It’s been more than a year now since the Florida Supreme Court passed a very simple rule. The Rule requires Plaintiffs to verify their complaint.  All that means is they must be willing to say the allegations are TRUE AND CORRECT.  That’s it folks. Nothing more.  This isn’t the moonshot.  And the effective date is February 11, 2010!!!  Nothing mindblowing about that.

What is mind-blowing is the fact that the foreclosure mills continue to file complaints that are not even verified at all and if they are they are often not verified correctly.  I think courts should be independently verifying that the complaints are verified correctly and dismissing them if they are not. Here are the synopsis of the orders, which are in Florida Law Weekly Supplement:

AURORA LOAN SERVICES, Plaintiff, v. TODD A. FLEETWOOD AND KRISTI FLEETWOOD, Defendant. Circuit Court, 19th Judicial Circuit in and for Indian River County. Case No. 31-2010-CA-073506. January 26, 2011. Cynthia L. Cox, Judge.
FINAL ORDER OF DISMISSAL

The verification must be included in the complaint itself for the Court to be certain that the affiant has read the actual allegations and to make it clear what is being verified. The purpose of the verification is to create accuracy and accountability. There is no provision in the rule for the filing of a separate verification in a separate document. Common sense dictates that without verification in the complaint itself, it would never be clear what the affiant reviewed and what allegations they verified. The rule does not permit qualifying or limiting language. The complaint needs to be verified by an employee or officer of the plaintiff, by an employee or officer of its loan servicer, or by the attorney who files the case. Designations such as”authorized agent”, “authorized signatory”, “authorized officer”, “representative of the plaintiff’s servicer”, “representative of the plaintiff” and the like are meaningless, insufficient and tell the reader nothing. The rule requires a clean, plain statement of accuracy by a person who actually verifies the truth of the claims made, and who is identified as being in a position to actually do so. This case seeks to foreclose a residential mortgage and was filed after the effective date of the rule amendment.

IT IS THEREFORE ORDERED AND ADJUDGED as follows:

1. This case is DISMISSED without prejudice. No other pleadings by the plaintiff will be permitted in this case, other than a request for rehearing if appropriate. If the plaintiff elects to file a new action to foreclose on the same property, it must be filed under a new case number and a new filing fee will be required.

2. The plaintiff may move for reconsideration within ten days, on the sole ground that the subject property is not residential property. A copy of the motion and any supporting memorandum must be provided to the undersigned. The Court may rule on the motion without a hearing. No hearing will be set unless determined by the Court to be necessary.

3. It is confiscatory of the Court’s time to have to address this matter. Repeat violations by the same firm, or by the same attorney, may result in imposition of personal sanctions, and issuance of an order directed to the attorney or firm to show cause why that attorney or firm should not be prohibited from filing further foreclosure cases in this Court.
Online Reference: FLWSUPP 1804NATI
Mortgages — Foreclosure — Complaint — Verification — Unverified foreclosure complaint filed after February 11, 2010, effective date of rule 1.110(b) is dismissed with leave to amend

NATIONSTAR MORTGAGE LLC, PLAINTIFF, v. CRAIG K. LUNT AND DOROTHEA C. LUNT, Defendant. Circuit Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 10-6330-CI-20. February 7, 2011. Honorable George Jirotka, Judge. Counsel: Karen Thompson, for Plaintiff. Matthew D. Weidner, for Defendant.

ORDER

THIS CAUSE came to be considered upon the Defendant’s Motion to Dismiss, this court having reviewed the Defendant’s motion and accepted the argument of counsel for Defendant who appeared in person and counsel for Plaintiff who appeared via telephone, it is hereby:

ORDERED AND ADJUDGED as follows:

1. The Defendant’s Motion To Dismiss/Motion For More Definite Statement asserted that the Florida Supreme Court, pursuant to Rule 1.110(b), mandated that residential foreclosure complaints shall be verified and that the effective date of the requirement was February 11, 2010.

2. Plaintiff argued that the change to Florida Rule of Civil Procedure was not effective until June 2, 2010 and that because the instant complaint was filed prior to June 2, 2010, the instant complaint was not required to be verified.

3. This court finds that the effective date of Florida Rule of Civil Procedure Rule 1.110(b) is February 11, 2010 and that all residential complaints defined by the Rule must be verified beginning February 11, 2010.

4. Because the instant complaint is not verified in any manner, by any party, the Defendant’s Motion to Dismiss/Motion For More Definite Statement is GRANTED and the case is dismissed except that the Plaintiff shall have thirty (30) days to amend their complaint.

The article that appears in today’s edition of Daily Finance is the most comprehensive and most accurate analysis of the failure of the Attorney General and their investigation of Fraudclosuregate done by any reporter yet.  Everyone is sitting, watching,  waiting for some grand solution to this multi dimensional problem.  Everyone just assumes that someone will come up with the solution.  No one is prepared for the very real possibility that there may not be a solution to this mess.  I have spent years now fighting in this mess of a war, and I am absolutely prepared to say that there is no solution…..at least no solution that is anything short of revolutionary and very destabilizing…..but don’t take it from me….listen to the expert….

Ever since this fall, when the mortgage industry’s robo-signing scandal first broke, people have been aware that banks have been illegally foreclosing on homes.

Now there’s a huge fight over what to do about that, mostly focused on a 27-page proposal that was supposed to represent the consensus of the 50 state attorneys general, but apparently doesn’t. On top of that effort came a report of a “shock and awe” modification push from the federal government, but as Yves Smith at Naked Capitalism details, it’s neither good policy nor practical.

One feature of both the attorneys general’s proposal and the “shock and awe” maneuver is speed.

The attorneys general are in such a hurry to find a solution that they haven’t even investigated the banks: They’re just relying on consumer complaints to define the problem. Similarly, the shock-and-awe plan involves an impossible six month deadline. As Treasury Secretary Timothy Geitner explained to Congress: “All parties have a stake in bringing this to resolution as quickly as possible” and “It’s very important that we try to bring this to bed as quickly as we can.”

Bogus Assignee Link

The Florida SUPREME Court passed a rule.  A very simple rule really.  It said, “Foreclosure mills and banks, please, pretty please, tell the truth.”  That’s all the rule is.  And despite how simple and basic this rule is, the banks and foreclosure mills have gone nuts.  First then just ignored this rule all across the state.  To this day, some of the foreclosure mills continue to ignore the rule or play games with it.  Far too often they get away with it.  Letting them get away with it is a dramatic example of the breakdown in our entire system of government because judges were the last line of defense against corporations gone wild.  When judges refuse to enforce laws designed to protect the common man, the corporation’s Rule of Law becomes institutionalized.

And now the Florida Legislature wants in on the action.  The legislature is bought and paid for by the banks and foreclosure mills.  The legislature is incensed that judges might a) pass rules to require truth and integrity and b) pass rules that impede the foreclosure mills from grinding along with their misdeeds.  Never mind that this is the Florida SUPREME Court we’re talking about here.  After all, what do they know?  And so the response of the Florida Legislature is to introduce a proposed amendment to the Florida Constitution that would gut the Florida Supreme Court and the third branch of government.

“No court shall have the power, express or implied, to adopt rules for practice and procedure in any court. Court rules of practice and procedure may be recommended by the Supreme Court to be adopted, amended or rejected by the legislature in a manner prescribed by general law. If there is a conflict between general law and a court rule, the general law supersedes the court rule.”

Scary really, and hopefully the Florida Senate will realize just how obscene this amendment is.  But it is a dramatic example of just how powerful the foreclosure mills and the banks are in the state.  They’re angry because Florida’s courts are attempting to do just what our founding forefathers intended that they do….protect us all from overreaching corporations and their supreme influence.

Florida Bar News