The news is reporting that a Florida attorney just walked away from hundreds of thousands of cases that are pending in Florida courts. This action places hundreds of thousands of defendants in legal jeopardy and will cost our court system millions of dollars in additional work hours that are directly related to protecting the interests of all who are impacted.
Fanne/Freddie, who paid for most of this (with my money) and who should have been supervising, did nothing.
What’s most maddening about this is it happened back in April 2011, we’re all still paying the price for this and no one, no one has done anything at all the parties who are responsible for this…
Nothing from the feds (remember Fannie/Freddie paid millions in advance attorney’s fees and knew long ago about these problems.)
Nothing from the Florida Attorney General (what exactly is happening with all the investigations?)
Nothing at all from any of the many groups or agencies that could do something about this train wreck.
From Today’s Palm Beach Post:
A report issued Friday by the Federal Housing Finance Agency Office of Inspector General said an outside law firm Fannie Mae hired to investigate allegations of wrongdoing confirmed “unlawful” practices and stated that foreclosure attorneys were sacrificing accuracy for speed by filing false documents.
After learning of the attorney misconduct in 2006, Fannie Mae failed to make any improvements in its oversight of the firms.
Remember:
“The judges are the gatekeepers to jurisprudence, to the Florida Constitution, to access to the courts and to due process,” said attorney Chip Parker, a Jacksonville foreclosure defense attorney who was recently investigated by the Florida Bar for his critical comments about so-called “rocket dockets” during an interview with CNN. “It’s discouraging when it appears as if there is an exception being made for foreclosure cases.”
Does this hurt the credibilty of the FHFA lawsuits against the banks?
” The judges are the gatekeepers to jurisprudence, to the Florida Constitution, to access to the courts and to due process,” said attorney Chip Parker, a Jacksonville foreclosure defense attorney who was recently investigated by the Florida Bar for his critical comments about so-called ” rocket dockets” during an interview with CNN
… So if this is not the Florida Judges’ fault as “gatekeeper,” it can then ONLY be the fault of the mill attorneys (OFFICERS OF THE COURTS?) bringing sham pleadings, robo-signed non-authenticated affidavits, forged documents, and other general fraud on the courts – almost daily – for years. Isn’t this abuse of process and aiding and abetting criminal acts and … RICO?
I am feeling after 4 years of their nonsense, stalling, ducking, lying, and evading, that finally, the issue of whether or not my civil rights have also been violated comes to mind.
See you in court soon, fellas!
This is why the Florida Circuit court system dealing with foreclosures are a joke. They operate by their own play book. I believe they have a secret agenda they devise when the chief judges meet for a brain-storming session on how to rocket-docket the foreclosure cases and not appear to be doing so. This leads to all these no-hearing robo-signed insane decisions these Circuit judges are making. Denying defendants their day in court as outlined in the very mortage and note contracts. And now, the Florida legislature and Gov. Scott wants to invalidate the legal contract the banks have with the mortgagors and the mortgagors with their lenders, and gut their right to court foreclosures. I do not see how the Scott and the Legislature can revise past mortgage and note legal agreements between the parties. Maybe they can do so on future real estate transactions aftewr the legislation takes effect, but NOT ON transactions prior to the change in law. If the Circuit courts to do not sanction this lawyer and others for what it will cost to dispose of these abandoned cases, then blame these insane judges. They are the ones who have been permitting all these fraudulent documents above all the cries of the public. I still say vote all these sitting judges out. Do not retain or return a single one. If a good one goes, so be it, he/she should not be in company with shyster judges. Mr. Weidner, in some cases I believe it is in the best interest of the defendants (win or lose) to be aggressive and to file “compel” motions. Some of these cases, the plaintiff asked for extensions of time and it has been over a year or more and they still have not responded to answers and motions. Motions to compel a response to answers and motions would help clean up the dockets. Failure to defend their complaints should be responded to with dismissals with prejudice. This will send out a strong message for these banks to stop dragging the courts out and stop using fraudulent documents. It is time to clean out the courts of shyster judges and also complaints that have no basis or legality.
The States, back in 1933, when Roosevelt declared the US bankrupt, pledged all the property of the citizens as collateral (unbeknownst to us) for the debt the US owed the international banksters. The state holds the title to our properties. This house of cards has been exposed and they don’t want the masses to know. But it’s too late. They are foreclosing on the note, which is the money. The homeowners have to file counterclaims and claim the money, the note and the proceeds, as they are the true “holder in due course” – their signature created the “money/credit”. The banks can not “lend” money, it is against their bank charter, so where did the “money” come from? The “lender” by way of Fannie and Freddie, sold the instruments to the secondary market and they packaged them into securities, stock certificates, thereby cancelling the note. The investors do not lose anything, as they take a tax writeoff when a mortgage defaults, it is taken out of the pool and replaced. NO ONE has the right to foreclose, as the note was converted into stock, the bank was paid. Once converted, you can’t convert it back. The bankster/pirates are taking the homes as the “prize” from the uninformed homeowner. The judges know what is going on. I believe they are being paid off or threatened to shut up about the truth. The banksters sold the future interest payments to the investors and got paid, but never credited the property owner, see Item #23 in any mortgage contract. They were supposed to release the lien when they got paid. It does not say the homeowner has to be the one to pay the note. The note is the check, the money that is deposited into the bank and FDIC is paying 70-80% on these deposits if a bank goes under. The entire industry is a mess that was created by wall street and the crooks that created the “system” and is being backed by our government. No one is talking, as all their hands are dirty, but they would rather kick people out of their homes than fix the situation. But the only way to fix it is to send the big boys to jail. I’ll call them the “Bafia” (banking mafia). All for a buck! It’s disgusting. No justice anymore, as all “attorneys” are just bill collectors and are “priveleged” to be immune from prosecution for perjury. The law is written by and for the corrupt. We need true lawyers to fix this mess. Where are the just to stand up?