Foreclosure Defense Florida


One positive outcome of the recently announced 49 State Attorney General National Mortgage Sellout is the fact that Americans and our courts are going to experience an absolute full frontal assault of new foreclosure cases.
And when I say this is a “Positive Outcome” I mean of course positive in the sense that the banks continue their crushing march of unfettered crime, desecration of our court system and the Rule of Law and ultimately the destruction of families and our communities.
Yes, American taxpayers bailed out the banks and yes, our children and grandchildren will be paying for the absolute looting of the National Treasury for generations, but we are all just serfs, slaves in this kingdom, ruled by a governing elite that takes their direction from the banks, institutions and Wall Street that own this nation.
I am already seeing a dramatic increase in aggressive new prosecution of old cases, and tidal wave of new cases filed.   Funny, when Eric Holder and the thugs from the federal government, along with their co conspirators in the 49 state attorney general offices, along with their patrons, the banks, announced this “Landmark Settlement Agreement”, I don’t recall them mentioning that the National Mortgage Sellout was going to mean….


Here’s the story from Yahoo……

A painful part two of the slump looks set to unfold: Many more U.S. homeowners face the prospect of losing their homes this year as banks pick up the pace of foreclosures.

“We are right back where we were two years ago. I would put money on 2012 being a bigger year for foreclosures than 2010,” said Mark Seifert, executive director of Empowering & Strengthening Ohio’s People (ESOP), a counseling group with 10 offices in Ohio.

“Last year was an anomaly, and not in a good way,” he said.

Online foreclosure marketplace RealtyTrac estimated that while foreclosures dropped slightly nationwide in February from January and from February 2011, they rose in 21 states and jumped sharply in cities like Tampa (64 percent), Chicago (43 percent) and Miami (53 percent).

yahoo news


  • Attorney Wendy Alison Nora says:

    This appears to have been the plan all along: Ratify the bank forgery and fraud with the seal of approval of the law enforcement agencies and have it approved by a federal court without public notice or hearing.
    Rule 24 of the Federal Rules of Civil Procedure allows intervention of affected parties with standing to intervene and a group of mortgage investors was looking toward intervention. I am still considering bringing a motion to intervene by Wisconsin homeowners affected by the order. I sent each of the 5 bank’s documents (Exhibits including releases) to paralegals for detailed commentary and review, having read 3 of the 5 settlement documents myself (Bank of America, Ally and Chase.) Wisconsin has a peculiar term in its acceptance of the settlements that the Wisconsin Attorney General will receive the payment and disburse it in his “sole discretion.” The settlements absolutely prevent any civil law enforcement assistance on the state level for the period of January 1, 2009 through February 8, 2012. The settlements also hold the banks harmless from further investigation by the Office of the United States Trustee through that same date, including the requirements that discovery cease and subpoenas be quashed. I cannot yet tell if the settlement release the banks from criminal penalties under 11 USC 152 and 3571 (false claims in bankruptcy) from January 1, 2009 through February 8, 2012 but if it does the banks were exonerated from criminal prosecution by the federal DOJ. As distressing US Trustee release is and yet may be, it is equally distressing that, mixed in on a chart of conduct being treated as absolved from the state civil penalty perspective is taking homes “without standing” which is, obviously, theft of the homes.
    No public notice was given for a bar date for intervention. The press is reporting that the order is “final and nonappealable” would be “unprecedented” to quote our President’s recent misstatement of law concerning the US Supreme Court’s power to determine the constitutionality of acts of Congress. That would only be true as to the parties who agreed to be bound by the orders. I reviewed the orders and it does not appear to be a term in the orders themselves. (More government by rumor.)
    What is really bizarre about the settlement is that no case number was provided on the national mortgage settlement website at the time the case was filed and neither the case number nor the terms of the settlement agreements were posted on the public website when I first retrieved the settlement documents on March 24, 2012 (a Saturday) from a website called “agbeat.” Even assuming that the case number was supplied on the complaint by March 26, 2012 (the following Monday) the orders were signed within 10 days, which is too short of a time for any person (other than the named parties) to be required to appear or object. Fortunately, the case will be under the continuing jurisdiction of the court, so intervenors may still be able to appear.
    Clearly, this has been done in such secret as to present it as a “fait accompli.”
    The Office of the Comptroller of Currency is now negotiating with other banks to resolve the Consent Orders of April 14, 2011 and banks which have committed similar crimes along the lines of the national mortgage settlement. The OCC is also negotiating with Goldman Sachs which was not subject to the original consent orders, to the best of my recollection.
    Today, clients of mine in Chapter 7 allowed the Chapter 7 Trustee to take $2000.00 for the wrongful foreclosure of one of their homes by Deutsche Bank without standing to do so(not their homestead) and even though Chase didn’t participate (in fact, Deutsche Bank foreclosed on Chase’s first mortgage, when it in fact owned the second mortgage which it purchased from Chase) I am quite sure that Chase will pay the $2000.00 (I told the Trustee he shouldn’t get his hopes up that he would ever get paid) and claim credit on the settlement agreement even though this was not a residential mortgage. What I am happy about is that the real estate was abandoned by the Trustee, who did not have the resources to go forward without my efforts, so when Deutsche Bank tries to confirm the sale (which it has not been able to accomplish in 18 months) I will have the opportunity to object to the confirmation of the sale on standing grounds again, because Wisconsin bifurcates the foreclosure and the sale. Deustche Bank’s argument will be that the issue was settled with the Trustee, mine will be that the confirmation of sale issue was not an asset of the estate because the real estate was abandoned and now I can claim conspiracy to defraud the court and my clients because Chase’s law firm also represented Deutsche, was advised of the conflict of interest and chose to join with Deutsche, which I will contend constitutes Chase’s waiver of the first mortgage interest.
    We must continue to insist that the law be followed. At some point, the Truth will come out and the Rule of Law will be restored or it will not matter anymore. It will not matter anymore if we are all locked up in FEMA camps, if the US ceases to exist as a sovereign nation, or if we are all executed in a repeat of the genocide of the original inhabitants of this land from which the US land patents were issued, either by the British and Spanish monarchs, French emperors or US Presidents in succession.
    I believe that when the homeowners realize that we are living under the Divine law of the American continents in which there was no concept of owning the land because we are temporary stewards of the land in our lifetimes, we will be ready for the true victory: Love, Peace and Freedom. This could be a segue to a discussion of the false concept of perpetual existence of corporations, but that would be too much right now. Suffice it to say that corporations which act illegally have always been subject to having their charters revoked by the chartering authority. That is another reason why “Too Big to Fail” and the current civil settlement is so misguided to the point of being absurd.
    The fun has just begun.

    • problem is what’s coming will not be fun by any stretch of the imagination…bloody, fire, deadly…..i’m certain they fear what they have created and are only trying to figure out how to bottle it up…..

  • Attorney Wendy Alison Nora says:

    CORRECTION. Title 11 of the United States Code is the bankruptcy code. Title 18 of the United States Code is the federal criminal code. I was thinking bankruptcy and wrote 11 USC secs. 152 and 3571. The bankruptcy crimes for filing false claims are at 18 USC secs. 152 and 3571. My apologies.
    The US Trustee’s Office investigates and refers bankruptcy crimes to the United States Attorney’s Office for prosecution. The US Trustee’s are parties in interest in every bankruptcy proceeding and can appear alert the court to violations of 18 USC secs. 152 and 3571 of false claims. The US Trustee’s Office was investigating what is now recognized as “creditor abuse” of process and should continue to do so, but can now only investigate false claims in bankruptcy made by the 5 banks which are parties to the settlement after February 8, 2012, if I am reading the releases correctly.
    The US Supreme Court created new requirements for the filing of claims: See Bankruptcy Rules 3001 and 3002.1. These Rules and Rule changes were almost certainly based in large part upon the investigations of the US Trustee’s Office into 18 USC secs. 152 and 3571. The remedy for filing a false claim in bankruptcy by a creditor should be as harsh as can be meted out to a debtor. A debtor can have the case dismissed, be barred from re-filing for a term of years or have the discharge of indebtedness denied and could be criminally prosecuted. A creditor should at least be denied payment of the claim, be denied relief in the court in that case, be subjected to monetary sanctions (including trustees’ and debtors’ attorneys fees and costs) and would also be exposed to the risk of criminal prosecution. Under the hastily signed order approving the settlement, criminal prosecution for false bankruptcy claims became all but unenforceable if not released and civil sanctions for false claims were settled vis a vis the US Trustee’s Offices throughout the nation.
    This is very sad because the US Trustees are in the best position to maintain the Rule of Law in bankruptcy courts. Rhetorical Question: Will the 5 banks continue to file false claims after February 9, 2012? We must demand strict compliance with Bankruptcy Rules 3001 and 3002.1 and report all violations to the US Trustee’s Office as well as raising the issues defensively or offensively for bankruptcy debtors.

  • Attorney Wendy Alison Nora says:

    The new enforcement date for the US Trustee’s Office under 18 USC secs. 152 and 3571 should be ON AND AFTER February 8, 2012.

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