Matt Weidner – Fighting For The American People

Posts Tagged ‘save my home’

The following letter was sent by my colleague Greg Clark, a well-respected title attorney who has this to say about the conflict between what is happening in foreclosure courtrooms and how incorrect or improper legal decisions will plague our economy for decades to come.

Erroneous court decisions, and their failure to properly apply the law litter the vast landscape of our legal history. Reversals of our U.S. Supreme Court, by itself, years or decades later, is proof.

We in the world of transactional/title law and insurance follow a different tune than the drumbeat of the latest questionable appellate decision. We know that the vast majority of the judges sitting on benches never closed a real estate transaction nor searched and put together a title chain, nor could they spot a cloud or defect. We deal in a delicate and extremely conservative area of the law developed over nearly a 1,000 years of practice, process and tradition; We carry the history and weight of that developed law and its solid logic into the most important aspect of any transaction – the fundamental bedrock assumption underpinning its successful completion: clear and marketable title. Every buyer presumes it.

So we do not accept bad or illogical decisions of courts if it conflicts with our learned perception of the law and acceptance of a risk assessment. We cannot be forced to write title.

But if we don’t write title most of the modern real estate world and our economic system will grind down to a halt.

Taking Taylor further up the chain of appeal would cause no harm but it’s presence now as bad precedent gives no shelter or safe harbor for any title underwriting decisions foolishly based on it. Instead it stands out like a sore thumb, a poster boy for a decision based on expediency not law or logic.

Greg Clark

Clearwater, Florida

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

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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 Sarasota Tribune has always done an excellent job of covering the foreclosure catastrophe that has infected our courtrooms.  I attended yesterday’s 2 hour long hearing when Judge Dunnigan handed down the $49,000 penalty and will publish the transcript and Order as soon as they are completed.

More than anything, it’s good to see a judge finally taking notice of the abusive conduct of these foreclosure mills…the abuse effects us all, judges, attorneys, staff…but most importantly taxpayers as a whole.  This lack of respect for the courts is causing a great rot in our court system and it’s costing taxpayers hundreds of thousands of dollars.  The foreclosure mills have abused our courts, our judges and their staff for so long and so dramatically….the most amazing thing is that judges have put up with it for so long.

Judge Dunnigan’s order and the transcript detailed all the conduct that she was fed up with…scheduling hearings then canceling or not showing up, failing to show respect and consideration for other attorneys and defendants, wasting the court’s time and resources.  The Order and the transcript will detail all the abuses.

I felt some sympathy for Roy Diaz as he stood up to take his public flogging, but this newspaper article reminds me that the tone of his testimony was all about excuses and that he failed to recognize the costs his firm had visited upon the court and all the associated players.  Then, one of his young attorneys got snippy afterward, excusing the conduct away with an arrogant, “We have 20,0000 cases” dismissal.  I particularly wanted to have sympathy for the young attorneys whose careers will forever be slighted by the very serious penalty of a finding of contempt.  The fact of the matter is the elder attorneys are walking these young attorneys into trouble and Diaz’ only explaination was that he had to run a volume practice in order to be successful.  The judge left open the possibility of holding the attorneys liable for criminal contempt…this may not be the end of this case.

It really isn’t fair to pick out just Smith Hiatt & Diaz for this kind of public sanction…the reality is every single firm should be subject to similar hearings in every circuit.  Our courts have spent hundreds of thousands of dollars of our taxpayer dollars due to the improper conduct of all the mills.  It’s high time taxpayers demanded that our judges seek to recoup some of these funds by taking the kind of judicial action that this judge has  If every judge took similar action just once, the foreclosure courts would unclog, their attorneys would be far more responsive and some sanity might begin to prevail in the foreclosure courtroom.

The Full Article Can Be Found Here.

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.

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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!

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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?

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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.

The Wall Street Banks and Shady Subprime Lenders were engaged in a massive, government sponsored ponzi scheme.  No-one knows who actually lent the money when the subprime loans were were originated and no-one has any real idea who actually owns those loans today.  Rather than admit that the failed business practices of these lenders and the fraud they have been perpetrating among themselves and on the American people is a real problem, too many judges across this country have adopted a view that the only job is to grant foreclosure and throw their neighbors into the street.

The foreclosure mills are more than happy to fulfill these ill-conceived judicial objectives so they concoct the paper that, to the casual observer, would suggest the Plaintiff in a courtroom has the right to foreclose.  In the State of Florida, most of the major foreclosure mills are under a variety of investigations, most significantly from the Florida Attorney General’s Office who is examining the whole panoply of bad conduct engaged in by the firms.

At some point in time, society and observers will look back at this period of insanity and wonder why our judiciary allowed this conduct to play out in their courtrooms.  The false affidavits, the faulty assignments, the shifty plaintiffs, the foreclosure mill attorneys appearing by telephone, rocket dockets with no time or concern for all these issues.  These are dark days indeed for our court systems and for the judges who we elected and who took an oath to protect and defend us and the Constitution and laws that used to mean something in this country.  The foreclosure problem is not going away.  The bad loans and bad documentation and bad accounting systems won’t just fix themselves.  Judges can either send these criminals and their attorneys back to their dens of sin and force them to resolve these issues with borrowers or they can continue to reward the evil conduct that brought us to this place.

Until that happens, and perhaps because it is not happening with any sense of urgency, some advocate a more business savvy approach to the crisis…..

READ THE STORY AND WATCH THE VIDEO HERE.

Not so long ago in this country breaking into another person’s home would clearly have been a crime.

When law enforcement cared.  When those we elected to protect us cared. When Judges cared.

But that was long ago.  Before the banks, foreclosure mills and Wall Street criminals took over this country and trampled on the rights of any soul who dared cross them or get in their way.  Today we live in a much different world.  The banks and their agents are emboldened.  They fear no government official.  They fear no judge.  They are restrained by no law.

I have begun collecting terrifying examples of bank terror and will continue to publish the examples.  For starters, I want each of you to read the lawsuit I’ve just filed.  Read carefully the allegations made in the lawsuit, but most importantly read the report from the Charlotte County Sheriff’s Department.  Read the findings of fact.  Two thugs broke into a home, moved property around, helped themselves to a beer.  The thugs returned and boldly told their victims they would return to terrorize again.  Two visitors to our country were terrified.  Thousands of dollars in property was stolen.  But the Sheriff’s office can seem to find a crime here.

The thing that terrifies me most about the incidents described in this lawsuit is the fact that I have logged dozens of phone calls to various levels of authority within the Charlotte County Sheriff’s Office.  I have spoken with street officers, detectives, supervisors, even internal affairs.  My calls have been ignored.  I’m not sure if I’ve gotten high enough up the chain of command, but I’m going to keep working, keep calling and keep filing lawsuits until this issue gets the attention that it deserves.

Pay attention to the facts in this case and be appalled, but sit tight and stay tuned because as bad as the facts in this case are, I’ve got worse cases and am preparing to file additional cases with even more grotesque facts. If law enforcement, particularly our elected Sheriff will no longer protect us in our homes, who can we count on to protect our families?  When one of these lender break ins results in physical harm either in Charlotte County or in some other county across this country, law enforcement cannot stand by and say they were unaware of this phenomena.

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Please share your examples with me.  We cannot stand by and allow these fundamental violations of rights to occur.  I hope that press picks up on these stories and that our elected officials and judges will wake up serve those they took an oath to protect.