Void Ab Initio
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It’s so nice to know that RobosignerGate is over. You’ve seen the press reports, right? Bank of America has completed their review, they’re confident that nothing is wrong and now they’re ready to move forward with throwing Americans back onto the streets again. Next, the American title industry has gotten together and they’re hammering out the details on a conspiracy that will attempt to resolve all the serious title claims that this fiasco has caused. Next, the attorneys general from all states are meeting to force a settlement and resolution of Fraudclosuregate. Make no mistake people, what you are seeing is the biggest government sponsored economic conspiracy the world has ever seen. Don’t believe me? Read the Wall Street Journal article here.
Fannie and Freddie own half of all the mortgages in this country. Fannie and Freddie demand that we ignore the real problems presented by Fraudclosuregate and move along. Ignore individual rights, ignore court laws and procedure…..get this property in the hands of the banks NOW! Needless to say there are so many problems presented by these proposed fixes, but I do believe that the highest levels of government at the local, state and federal level are all actively conspiring to “fix” fraudclosuregate and get us moving along. They are working feverishly to ensure no penalties or consequence are even discussed….and they’re going to work hard to make sure none are actually leveled.
BUT THERE’S A PROBLEM THEY MAY NOT BE ABLE TO WORK AROUND–THE FACT THAT TOO MANY PEOPLE’S CONSTITUTIONAL RIGHTS HAVE BEEN VIOLATED BY FRAUD IN THE SERVICE OF PROCESS, PROCESS….READ ON.
I’ve been posting about this for some time, and now the mainstream press has picked up on it….Read Story Here. Our entire foreclosure process, and now a significant portion of the title to real property in this country now rests on the shoulders of largely unregulated, unpoliced and until now, unnoticed subset of the foreclosure mill/foreclosure cockroach community. The Private Process Servers. Who are process servers? In Florida, a Plaintiff must personally hand an original summons issued by the court, along with the lawsuit to every defendant in a foreclosure case. The Sheriff appoints private parties to serve these lawsuits on these people, but any knucklehead can become a process server. The requirements are to become a process server are defined in Florida Statutes, but here’s the bombshell.
THERE IS SO MUCH BAD SERVICE OF PROCESS FLOATING ACROSS THIS STATE THAT IT’S GOING TO MAKE THE ROBOSIGNER CONTROVERSY SEEM SMALL
What is bad service? Not actually serving the defendant in the case, but lying to the court and saying the person was served. You see, a process server must file with the court an Affidavit of Service, an original document where he swears to the court, “On February 1, 2o10 at 4:10 pm, I personally served Matthew Weidner with a copy of the lawsuit and summons at his home at 1229 Central, St. Petersburg 33705. Weidner was 5 feet 2 inches tall, black and weighed about 200 pounds.” The problem is Matthew Weidner is white, 6 foot 1, weighs 165 and on February 1, 2010 at 4:10 pm he was on a flight bound for California….that service could never have happened so the process server lied. The big, big, big problem with service such as this example is…..
JUDGMENTS BASED ON FRAUDULENT SERVICE ARE VOID
Let that sink in and think about it. VOID. Not Voidable, but VOID AB INITIO or invalid from the outset. How many tens of thousands of titles to real property across this country are affected by this problem? Impossible to say at this point in time, but anecdotally, I see far too many cases of flawed service than we should ever permit. Elderly people, illiterate people, minorities that couldn’t avoid service or leave their homes even if they wanted to. And yet, the numbers of Affidavits of Diligent Search and Inquiry and Constructive Service in foreclosure cases is HUGE. No one was supervising the process servers. The lowly process server who got paid the same $25 if he was serving (or not serving) a foreclosure complaint on a $50,000 mortgage or a $5,000,000 mortgage. And now the fate of our entire title insurance industry and in fact our entire economy rests on the truth and veracity of the Affidavits of Service of Process that have been filed by these unregulated, unsupervised process servers.
Have a look at just two initial reports that were produced which provide some insight into this problem. How in God’s name have courts permitted this many summons to be lost? How in God’s name have we allowed so many foreclosure lawsuits to proceed based on constructive service? There are no legitimate answers to these questions. But then read the very lax requirements that are in place for process servers in this state.
GOD HELP US ALL.
Now, just have a look at the signatures on these Affidavits of Service.
Here is just a sampling of what we’re talking about….stay tuned we’re pulling info day and night. To all of you who are out there working in the process service industry and who read this, please pay attention. We know what you have done and are continuing to do. I also know that some of you were not aware what you were doing was wrong and that you got sucked into this. As discussed, come in now, come forward now and be part of the solution. You cannot hide from this. All the documents are filed in courts and the abuses and fraud will be there for all to see….FOREVER. Remember, if you come in now, you may get immunity from prosecution for all the crimes you’ve committed…..and seriously, why would you want to protect those above you who pocketed all the money and put you at risk? Just call me or call law enforcement directly. Let’s work together to start making this right.
For press looking for the next story, this is it and this is bigger and much worse than anything else out there. If they won’t come forward, go out and find them….It is so easy and the wrongdoing so plain to see.
Have a seat people, it’s going to be a rough ride. Things are going to get tough, but the genie cannot be put back in the bottle. Pandora’s box cannot be closed, no multi state settlement agreement will settle things. Class actions will not make things right. When this all plays we’re going to be looking not to our modern financial system or current court decisions, we’re going to have to look quite a bit further back. Let’s start here….
4th Amendment to The United States Constitution
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
14th Amendment to The United States Constitution
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Now, the Constitution of the United States of America is not typically cited in connection with foreclosure cases and the 4th Amendment does not strictly apply to civil cases, but what’s going on in Florida’s foreclosure courtrooms has taken us far beyond the typical state law considerations and outside the purview of our state court system which has proven wholly unprepared at dealing with the myriad problems demonstrated by Fraudclosuregate. A powerful, reckless and I believe unconstitutional mindset has been allowed to permeate our judicial system and the effects will reverberate throughout the entire country. While it is an unfortunate and quite disturbing fact that the great majority of foreclosure cases are not properly defended by an attorney or contested in any way. After being served with a foreclosure lawsuit, most homeowners just lay down and play dead. They walk away, they ignore the lawsuit, they do not contest the lawsuit.
Or do they? Do they ever get served with the lawsuit? In many cases they do not. Remember that for a court to have jurisdiction over a person. In order for that court’s ruling to have any legal force or authority at all, each defendant in that lawsuit MUST BE PERSONALLY SERVED. There is an exception to that rule and that is if a person really cannot be found, the court can grant an exception and allow the case to proceed against the defendant through Constructive Service or Service by Publication. But remember, alternate service is just an exception for the real thing. The Constitutional thing, the Due Process thing. The high percentage of foreclosure lawsuits that proceed not through personal service but through constructive service is a very real problem. Remember the defendants in these homeowner cases lived in the homes in most cases. In the vast majority of cases, they still do. So why all the Constructive Service? And what about no service at all? Sewer service is real. The woman speaking in broken English who just called to tell me no one ever served her or her husband but they lost their home….her story is real. The immigrants family I know who are hanging under a pending foreclosure sale date but who never got served….their story is real. And so are thousands perhaps tens of thousands of other stories like this all across this state. While their stories are real, some things are not. The two “original” summons I’m holding in my hand….they’re not both real. The Final Judgments of Foreclosure, the Certificates of Title… those are not real. They’re VOID. They don’t exist. A judgment over a person from a court that does not have jurisdiction is a nullity, Void Ab Initio. A term we’ll all be learning about for years to come.
And what about the cases where a Defendant actually does get served, but chooses not to respond or who throws up a pro se plea? Does our modern court system owe no duty at all to those people? I must respectfully disagree with a good judge who I respect who was recently quoted in the New York Times saying:
“We’re processing thousands of cases where no one is really contesting them, and in those instances, something like that just would not be brought to our attention,” said W. Douglas Baird, a judge in Clearwater. “It’s not a situation where the courts have the ability to go through every document that’s filed and challenge and question those documents.”
(I don’t want to single this judge out, he expresses an opinion of the state of the affairs in foreclosure courtrooms across the state.)
Our courts have a responsibility not just to those people who do not contest the case and to those pro se who throw up a response. Our courts have a much greater responsibility to our Constitution and our system of justice and to society as a whole. If our courts do not challenge and question documents and if our judges do not challenge and question a system that has gone wild and out of control…the system will go wild and out of control. And that is the system that we no find ourselves faced with.
If our judges are not challenging and questioning “those documents” , is anyone questioning “those documents”? If no one is really contesting “them”, what might “they” be getting away with? If big issues like Assignments of Mortgage and Service of Process have gone wild and out of control, what else is going unchallenged and unquestioned? Forget about Stephan and the robo signers…has anyone ever really challenged any of the numbers? And if no one is challenging the numbers what’s going missing? What’s slipping through? But then what does it matter anyway, I mean they’re all just deadbeats in foreclosure right? And what’s a few thousand dollars extra in a foreclosure judgment right? What’s a few thousand dollars between friends? Between family? (Uncle)
But back to that thing called The Constitution of the United States. I submit that all defendants, whether they respond to the case or not, are entitled to due process. Those defendants are entitled to due process and the whole of society is entitled to due process. I am entitled to due process in every foreclosure courtroom across this state. Every citizen is entitled to due process….but we are not getting due process if the courts do not have the ability to go through documents and challenge and question those documents. And a judgment that lacks due process in a foreclosure case results is a seizure of property that is not reasonable. The application of the Fourth Amendment applies because the real party at interest that is seizing this property is the United States government through its agents Fannie and Freddie. (Ignore the Plaintiffs in these cases, they are straw parties used to obscure the real party in interest, Uncle Sam.)
And while we’re at it, let’s talk about another one of those little Amendments to the United States Constitution. The First Amendment.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The press has gone wild reporting over Fraudclosuregate, as indicated in the attached story in the New York Times. The story is great, but it misses an important point….All of this has broken because the press is now reporting what is happening in our courtrooms…and the banksters don’t like it one bit. As you see from the attached motion that was filed in a Maine Courthouse, they are trying desperately to prevent the public from reading the kind of information that is posted on this website.
Tie the New York Times article and the Order that was filed in court and you will see that Fraudclosuregate broke because the Stephan deposition was posted on this blog. Don’t ever forget the debt of gratitude we all owe to Tom Cox and Tom Ice. Without their work and the depositions being made public, they would have continued to get away with it….please also note the date on the Ice deposition. The banksters are working hard to try and put the genie back in the bottle and to hide all of this from you, the American people….but I have other plans. We’re going to keep fighting them. The American people are going to rise up and fight the Wall Street Wizards and the Fat Cats and their minions toiling away in law offices all across this country.
The press will continue to do the sacred job our founding forefathers empowered them to do….and somehow we will all make our way out of this mess….maybe….