Foreclosure Defense Florida

A Court Stands Up, And Boldly States…"Banks Should Not Just Break Into Homes!"

I am terribly concerned for the safety of the hired hands the banks are sending into harm’s way.   In depositions and in contacts, some of these folks have expressed real fear for their own safety because they’re being sent to break into people’s homes without any proper legal authority.
We all need to be concerned about what’s happening across this country.   Our courts and law enforcement should not stand idly by while the banks flex their muscles and continue with their mad march, kicking down doors, breaking into homes, under the guise of “securitization” and “inspection”…whatever you choose to call it, the bottom line is breaking into the homes of Americans, without proper court authority is a violation of one of this nation’s key rights….
The Right To Be Secure in One’s Home.
I’m certain I read that somewhere….oh yes, that antiquated old relic, that throwback to a bygone era…THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION
And for all you Constitutional scholars out there who will remind me that this protection refers to state action, I make the argument the banks have effectively become arms of the federal government….and especially when they come kicking down the door under the color of a foreclosure proceeding. It happens all the time….if police are called, the bank burglar asserts, “they’re in foreclosure”. If there’s a security gate, they tell the guard, “they’re in foreclosure!”
And for far too long, they’ve gotten away with this.   But it’s time for all this to stop. It’s time for courts to reign in the banks, to uphold the law, to protect the most fundamental American property rights.   Well finally one court has said something:

The Court:

I think that’s a pretty serious
threat and to say that you are going to have
somebody’s house winterized when it’s 80
degrees outside,

Unfortunately this is the third one I’ve
heard this week on those kind of notices. And I
don’t know which lenders or which servicers or who
actually is doing it. I haven’t had the hearings
on the other two, but from a general statement that
this is the kind of action and context that is
going on, I think it’s deplorable actually. And
hopefully this is an isolated incident.

order and temporary imjuction
282240 Proceedings.Court 030112


  • Attorney Wendy Alison Nora says:

    Congratulations on finally getting a judge to enter an order against bank terrorism. Your services to the Rule of Law are greatly appreciated. I, too, have had to face the police non-enforcement of breaking and entering, property damage and theft as a “civil matter” vis a vis the banks. One client, a strong man, was in tears for fear that his daughter would come home from school and face a bank intruder while he was trying to arrange to “cure” an alleged “default.” He was racing home from work daily to protect her from such an encounter. I have a case which has been pending since November, 2011 on a Motion to Vacate a “Writ of Assistance” which was granted without notice as required by the state statute and without the required affidavit. The bank is in possession of the personal property, which was given to them by the Sheriff’s department, and the judge is apparently afraid to rule that the property should be released to the undisputed owner. At least, so far in Wisconsin, the banks are not throwing the personal property out in the street, as I have heard has happened in Florida and California. The property is in “storage.” Who is going to pay the storage charges? Who is going to pay to have the property returned? We shall see. It has already been over 4 months of limbo without court action. And this from a judge who held that a response to a summary judgment motion was “late” by an imaginary 5 days after the original response was stayed by a bankruptcy court order and the same judge “stayed all discovery” because he was “too busy” to rule on the bank’s motion to quash a subpoena duces tecum! Interestingly, the judge is a former assistant attorney general for criminal appeals, in which the issues are always those of constitutional stature.

  • maya says:

    In the first paragragh you stated that you were afraid for the safety of the hired hands the banks send to break into homes without legal authority to do so. You also said they (the hired hands) expressed their concern for their own safety. Let me ask this, if the banks’ hired hands have any doubt at all that they have no legal authority to break into people homes, why are they doing it? Do they lack common sense that if they believe something is not legal, you don’t do it? Or is it the fact that they will loose business if they don’t do what the banks want so they put themselves in harms way? Seems to me they have a choice and they choose to enter homes with doubt of its legality.
    I don’t live in Florida but I read your posts all the time. I truly wish there were more people like you who will take up the cause of helping people in foreclosures.

  • Golfcarguy says:

    I have had the exact thing happen. A ‘propery preservation company’ sent a sub contractor to a home that had yet to go to court or sale on the matter. A property that I did not live in at the time, however, its 1.5 acre yard was mowed, beds mulched, flowers in bloom. A NO TRESSPASSING Sign with my phone number was on the window of my 24×40 shop. They (Sub-contractor) entered the property (which was under renovations at the time – kitchen and bath had been demo’d, and new materials were on site.) They removed anything that was worth money that could be carted away in a truck or trailer. (They didnt touch the 10 specialty forklifts, I had in the shop, but did take commercial battery chargers, etc. ) They got the new cabinetry, and items to be installed in the bath and kitchen.)
    I promptly called both the preservation company as well as my attorney.
    The property preservation company stated that they were trying to “Help me out, by mowing the yard” –
    Long story short, In the end I received a check for some of the missing property, they waived the debt in its entirety (another subject altogether as I now know they had no right to do so).
    And we walked away from a $200k plus underwater home.
    May still take action, as the ‘lender’ (Aurora Loan Servicing) had no rights to take action.
    Moral of the story, fight everything, challenge all. They are nothing but thugs with tie’s.
    (fyi, this happened in Maryland)

    • SuingFraudsters says:

      Very interesting situation that happened to you. This is the second such story that I have heard taking place in Maryland. Both cases the homeowners were compensated. Makes you wonder why they keep doing what they do despite the consequences. If they waived the debt entirely, I take it to mean that the settlement allowed you to walk away without worrying about a defiency (if any). Is that the case? By the way, are you aware that Maryland passed a new law that protects homeowners so that they would not have to pay taxes on amounts left over after a short sale or foreclosure?

  • David Robert says:

    A pirate is a pirate, you cannot change a Leopards spots. They (the Banks) have broken every law imaginable law right in front of the Judge so what makes us think that they are going to put on the brakes prior to taking possession?
    The mind set of the American people is real simple, the Banks job is to cover up their lies, the people’s job is to shine a light on the truth.
    If a couple homeowners put a Glock 9mm in the face of a few of these home-invaders they will think twice about doing it again. Remember people the 2nd amendment was not written into the Constitution so people could go hunting, it was for the exact circumstances that are happening today within the foreclosure crisis.
    As for an isolated incident? I think not. If you have just seen evidence of (3) in your own county then multiply that times 3077 (total counties in the US), and I can tell you with 100% certainty that it is much larger number than you can imagine.
    I say go “Jack Bower” on their asses.

    • Jan van Eck says:

      While a bit off the subject, I would remark briefly that I think you are incorrect in the motivation of the Constitutional Convention members on the 2nd Amendment (actually it was the 4th, the first two did not get adopted). If you poke around the Federalist Papers you will find Jefferson remarking that an (armed) revolution was necessary every 30 years or so in order to flush out the inevitable stagnation and deadwood that would accumulate in a federal system. Extrapolating from that, we see that the motivation for private “bearing of arms” was to ensure that the citizenry could at any time go march on the Federal power and shoo out the incumbents at musket point (which would be rather a compelling gesture). This little tidbit has long since been lost in the mists of history, a bit like nobody remembers why NY brownstones have raised flights of front steps. In the context of 1794, a musket militia was a bit like our “Million Man March” on Washington to Stop the War. Same idea, just a little more direct in execution. Then again, farmers did not have the inclination for drawn-out political dramas.

  • Esteban says:

    excellent job Matt. Sure you are a pro consumer lawyer. I really honor your passion for the consumer justice. God bless you and God bless the United State of America.

  • Michelle Darnell says:

    I would caution folks against becoming violent or blaming the servicer who is charged with the job of inspecting the home, changing the locks, securing the homes or maintaining homes. Homeowners and investors are not the only victims of this housing crisis. Many contractors and construction workers have been stripped of thier businesses and livelihoods and are now scrounging for whatever work may feed thier families. It just so happens that the banks and property preservation companies prey on these men. They end up mowing lawns for 15 bucks a lawn, change a lock for five bucks, produce a photo bucket for 10, produce a property condition report and then wait 3 weeks to be paid or hope that they dont get screwed via a non payment. Most of these people do not really know that these forecloures are being done illegally. They simply get a work order with an address. They have no idea about the history.
    How do I know this? My husband was a vendor several months ago until we realized what was going on. He spoke with several homeonwers and I conducted hundreds of hours of research and now know that the vendor is just one more party who is being defrauded.
    There has been a premeditate, manufactured implosion of our middle class and the vendor/contractor is just one more victim. If you run in to one, explain what is going on and you will probably find he is not the enemy. He is just trying to feed his family and keep a roof over his own head. He is not the enemy. Lets ALL remember who is!!!
    BTW We now work in property defense and try to help homeowners with the knowlege we now have. Knowlege is power and it is time to fight back!!!

    • i agree with you; i know from depositions that there is a conscious effort to not educate the workers and to send them into harm’s way….and I hear from contractors all the time about not being paid….more examples of bank tyranny.

Leave a Reply