Foreclosure Defense Florida

BOMBSHELL- Your Honor, We Don’t Represent The Plaintiff….EXACTLY!

The following is a transcript from a hearing when I was sitting in a courtroom where a most extraordinary exchange occurred.

The Plaintiff in the case is, “US Bank“. “US Bank” is suing a homeowner, trying to throw them into the street.   There is an attorney standing in the courtroom arguing on behalf of “US BANK”….the judge is upset because she’s been trying to figure out who to hold responsible when the Plaintiffs who are foreclosing are ignoring rules of the Florida Supreme Court, abusing homeowners and just generally making a real mess of things and the responses out of the Plaintiff sound like an Abbott and Costello Routine called, “Who’s On First”….

Who owns the note? We don’t own the note, “they” own the note. Who’s “they”? “They” who? The who that owns the note.

And then that’s when this exchange occurs:

“U.S. Bank is not our client. We have no communication with them on this loan.”

Whoa, say what?

“U.S. Bank is not our client. We have no communication with them on this loan.”

 WHICH IS PRECISELY WHAT IS WRONG WITH THIS ENTIRE STINKING SYSTEM CALLED THE AMERICAN LEGAL, FINANCIAL AND FORECLOSURE MESS.  

A bank, US BANK, is foreclosing, but they are not represented by an attorney.   US Bank is the Wizard Behind The Curtain, somewhere there’s someone else calling the shots. Someone else deciding not to accept a modification. Someone else not accepting a short sale.   Someone else pulling the strings.   To which my friend Rand, quite correctly responds:

MR. PEACOCK: Your Honor, I’m a little bit
troubled because plaintiff’s counsel just said
that the plaintiff — she is not their client or
vice versa. That makes a real representation
issue. If they are not represented by her firm,
she cannot advocate on their behalf, and they
can’t continue this lawsuit.

This is precisely what is wrong with this country. Exactly what what is wrong with what is choking our court system. Exactly why our court system has such problems with what is happening.

Full transcript below:

March 11 CL

10 Comments

  • Triumphant says:

    Sadly, the Judge – who by most measures seems fair enough – was completely uneffected by such a shocking revelation by “an officer of the court” in her courtroom.

  • S says:

    This is the exact same situation in our case. We are represented by George Gingo and James Orth (Gingo & Orth), two attorneys that are fighters. The alleged plaintiff is U.S. Bank. Yet, the bank’s attorney said they do not represent U.S. Bank. What I suspect is that the ‘servicer’, GMAC Mortgage, fraudulently filed the lawsuit in U.S. Bank’s name. The judge handling the case is, in my opinion, corrupt and apparently owned by the banks, but thank goodness Gingo & Orth are holding them to the fire!

    • JJJ says:

      So, have you paid your mortgage? Or, are you trying to get a house for free?

      I suspect that it’s not US Bank, but US Bank, Trustee for a securitization.

  • Incognito123 says:

    In all honestly I AM NOT happy with this judge OR EITHER ATTORNEY in reading this transcript. When that issue was pointed out by the defense attorney, that judge should have ORDERED the purported bank attorney to explain why it should not immediately be dismissed, PERIOD. The judge and BOTH attorneys should all have bar and JQC complaints filed against them. The judge for failure to dismiss the case, and failure to state a cause of action and failure of the purported plaintiff to invoke the jurisdiction of the court. The bank attorney for claiming to be there on behalf of the bank yet making such a statement, and the defense attorney for not DEMANDING it be dismissed BECAUSE of what the purported bank attorney said, and thereby his failure to properly represent HIS client.

  • Incognito123 says:

    oops, to clarify a mis-statement, for the purported bank attorney’s failure to state a cause of action (not judges of course), but when pointed out the judge should have insisted this be explained, and when not able, dismiss immediately BECAUSE the bank failed to state a cause of action.

  • albert says:

    this same fraudster attorney requested an oral argument in the Florida Fourth District Court of Appeal Docket
    Case Number: 4D12-3829
    ELIZABETH T. FLODERUS vs. U.S. BANK NATIONAL, etc., et al.
    Lower Tribunal Case(s): 562011CA003338
    Theresa B. Edwards Appellant (attorney who investigated the fraud in foreclosures and was fired by “bondi”)
    Nicole R. Ramirez 108006, Appellee (fraudclosure firm douglas c. zahm)

    will be really interesting to know this case details……

    • albert says:

      WAIT !! look what we have here…they appealed this case U S BANK, N. A., TRUSTEE vs. LEROY MARION, ET AL.,!!
      …..fraudsters requested an oral argument to Florida Second District Court of Appeal

      these fraudsters had no integrity,moral,ethics, …nothing….

      Florida Second District Court of Appeal
      Docket Case Number: 2D12-2258

      U S BANK, N. A., TRUSTEE vs. LEROY MARION, ET AL.,

      Lower Tribunal Case(s): 11000971CI

      02/19/2013 Oral Argument Date Set

  • albert says:

    ( from case docket )
    PLAINTIFF US BANK NATIONAL ASSOCIATION “DOING BUSINESS AS” CITIGROUP MORTGAGE LOAN TRUST INC

    but…

    https://sunbiz.org

    Detail by Entity Name
    Florida Profit Corporation
    CITIGROUP MORTGAGE LOAN TRUST, INC
    Status “INACTIVE”

    Detail by Entity Name
    Florida Profit Corporation
    USBANK
    Status “INACTIVE”

    weird, isn’t it?

  • Karen says:

    This is nothing.

    Judge to lawyer: Do you represent Bank of America.
    Lawyer: No

    (Lawyer turns around and files Substitution of Attorney, but claims he was lawyer for Bank of America.)

    I object. Judge allows it to stand since Bank of America could always just hire an attorney. My question — Why wasn’t the Severson and Werson attorney Yaron Shaham arrested for making a false and frivolous filing? Our courts continue to allow lawyers to file false documents for the sake of expediency. Sooner or later, there must be revolution.

  • Shawn Newman says:

    File a bar complaint against the BOA non-attorney

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