Skip to main content
Foreclosure Defense Florida

BOOM! FLA 2ND DCA REQUIRES BANKS TO FOLLOW THE RULES (AGAIN)!

foreclosure-papers

So here’s the deal…let’s call it like one of the oldest principles of American law:

YOU CANNOT SUE SOMEONE UNTIL YOU HAVE THE RIGHT TO SUE!

WHOA! Stop the presses on that one!   That’s the whole deal. That’s kind of a fundamental, but that’s a concept that’s been just totally ignored by the banksters in their rush to kick and beat up Americans. (Remember, the people that bailed them out.)

So anywhoo, Florida’s Second District Court of Appeals has consistently played by one set of rules….it’s called the Rule of Law…this just means that the court does not apply one set of rules and law to foreclosure cases, ignoring hundreds of years of substantive law because “it’s just foreclosure“. No, Florida’s Second District Court of Appeals once again tells us, we’re all equal under the law we apply in this court….

CONGRATULATIONS JACKIE MACK!

A cause of action must be complete before a party files a lawsuit. See
Trawick, Fla. Prac. and Proc., § 14:8 (2010 ed.); see also § 95.031(1), Fla. Stat. (2009).
Thus, even if U.S. Bank had properly amended its complaint to travel on the original
note endorsed in blank, it would have needed to prove the endorsement in blank was
effectuated before the lawsuit was filed.

feltus

6 Comments

  • speakout says:

    The problem we have is the judges are not following the law because they are being paid by the corrupt government and banksters/partners in crime.
    We have no rule of law because they assume we are under martial law.
    When was that declared?
    Well it would be nice to inform the public if that is so. So we can stop it. No need for Martial law except to take property as “prize”. Their M.O. for hundreds of years. Corruption.

    If not, they are in violation of the rule of law.

    NO ONE should be above the law. That includes Judges, lawyers, politicians, presidents AND especially bankers and corporations.

    If they think they are, then we are not being governed by a government, but a oligarchy/totalitarian regime in violation of our God given rights secured by the Declaration of Independence – a Spendthrift Trust. We are a TRUST. And they are violating the trust laws. The mortgages are a trust and the borrower is the Grantor. He can designate the trustee to pay off the special deposit paid (note) to settle the debt.
    They don’t want us to know this. Well, the cats been out of the bag for years now. It just makes the attorneys and banksters lying to the people confirmed as to the crooks they are.
    We need the good lawyers to stand up to the corruption and help us bring back the rule of Natural and just law and we will get our Republic back. Someone needs to sue the corporate defacto “government” for allowing the corruption to continue. The World Bank has over 1,000 Quadrillion dollars. Confirmed in documents. Why are they hording the worlds wealth? It belongs to the people. The attorneys should be helping the people get the land patents to their properties. This is a positive way to make money and help at the same time and prevent the banks from confiscating homes. We need an army of Lawyers to stand up on the peoples side. There are more good people than bad. We can win this fight.

  • we have to change our message says:

    As much as I agree with the comments of “speakout”, the efforts of Attorney Weidner and his colleagues-in-arms, and the decision of the Court of Appeals, I seek to change the way we are fighting this battle. If we continue to represent ourselves as extremist, we will be just as unsuccessful in holding our government accountable as the government has been at holding financial institutions accountable. We have to stop talking about the rights granted us by our constitution (although they are being trampled upon) because the people whose support we need turn their ears off in response to those arguments.

    We must change our message in order to reach others who thus far view us as extremist. It is not just those in power who successfully portrays us as such and therefore makes us relatively impotent, it is our neighbors who view us as such. Until we can rally every affected person to begin to believe they have been the victims too, we will continue to lose this battle. We have been screaming “injustice” for years and through that strategy we have changed very little.

    I am struggling with developing a strategy on how to change our message, our image. In the meantime, I just want to point out that our arguments have been/are being ignored at every level from the president to the judiciary to the legislative to our neighbor. We must come together to strategize how to influence our neighbors to join our cause, to not vote those running for office into office against their economic interests, and to not continue to give away our power to corporations and our government.

  • we have to change our message says:

    I know we are suffering and marginalized even if many are not aware they are themselves suffering and marginalized; the latter is the point. I do not think our position is extreme or extremist but I think those not realizing they have been/are/will be directly affected by parties to the financial crisis perceive it as extreme. I think we must be very conscious of what we say and how we say it or else we risk alienating those whose help we need to create the critical mass necessary for social change. What we have been doing is not working; if it is not working, we must identify and adopt new strategies.

  • It would also help if the activists (homeowners and attorneys alike) would work more closely together in the spirit of MUTUAL COOPERATION & RESPECT. We have too many turf wars and egos involved. I hope the many examples of this fact never get’s out to the internet and public. The banks and their minions would be having a good laugh over this.

    • Jake says:

      That is rather naive. Those in foreclosure are abandoned by all and find themselves, like it or not, on their own private turfs, with their own attorneys all there to fight with them. Wake up – this is a scenario that forces ordinary people to be activists to get any smidgeon of justice for themselves in the foreclosure process. It is really all stacked against the homeowner in the courtroom.

Leave a Reply