Foreclosure Defense Florida

Cooking The Books, Lying To Courts, Investors, Judges And Bondi Praises Legislation on Fraud…..

We all know exactly what is happening now.   Our entire nation and particularly our nation’s court system has become nothing but a big, fat steaming pile of lies.   I recently lost a trial where one of the themes was, “Even if he can prove fraud, the lies and the fraud and the forgery don’t matter.”

Later, a friend who watched the trial tried to convince me that the whole, “We’ve got the note, nothing else matters” argument was unfortunately going to prevail. I had to explain to him that this argument cannot prevail. We must fight against this to the bitter death.

He then pulled out a foreclosure case where the Plaintiff was on their Fifth Amended Complaint….5 TIMES THEY HAD A CHANCE TO GET THEIR FACTS STRAIGHT…AND THEY’RE STILL NOT CORRECT.

But one of the main problems that we all have to address as part of the attack on the fact that mortgage notes are non negotiable is the fact that if they persist in this argument, then they will continue to argue that their mortgage assignments, no matter how fraudulent are not relevant.

And just for goofs, read the latest press nonsense from Bondi who’s proud of going after timeshare fraud, but otherwise totally absent from mortgage fraud discussions….PAM BONDI

One Comment

  • Attorney Wendy Alison Nora says:

    The foreclosure defense bar, bar associations and the courts have all been duped by the mistaken perception that mortgage notes are negotiable instruments. We are all waking up at the same time.
    I wrote an article for the Wisconsin Lawyer, the State Bar of Wisconsin trade magazine, which is widely circulated and read.
    Yesterday, I appeared in a Wisconsin court proceeding in which I had relied on the professionally-vetted article which I authored and repudiated it. The judge was interested. Nothing is a better proof of the truth than to have the proponent of the proposition demonstrate the error of his or her own position.
    The UCC does not apply to real estate transactions by its own terms and the mortgage is a separate writing which contains terms which prevent the circulation of the mortgage note as an unconditional promise to pay. The Statute of Frauds (English common law dated 1671) is the law in every state for which the law is grounded in Anglo-American jurisprudence. It requires a writing for the transfer of interests in lands which identifies the party to which the interest is transferred. “Blank” on an endorsement does not identify the party to whom the transfer is made.
    I feel like the chemist whose widely read academic writing described the wrong chemical formula. In stream of consciousness postings to Naked Capitalism, posting as oldsoul (because I am old, with 36 years of experience as a practicing lawyer, and I still have my soul, having been able to resist the temptations of money and power, which I have been able to reject) I reworked the formula:
    1. The UCC does not apply to real estate by its own terms and
    2. The Statute of Frauds requires that the party taking title to land by mortgage foreclosure must be identified in writing.
    Trying to deconstruct the frauds using the concepts upon which the frauds relied has misled even the wisest of courts. In re: VEAL looks to Articles 3 and 9 of the UCC. Article 3 is the law of negotiable instruments and Article 9 is the law of secured transactions EXCEPT REAL ESTATE.
    I simply could not believe the full scope of the lawlessness which has been running roughshod over our Constitutional Republic. I, like the VEAL court, sought to
    Again and again, I must state what the law really provides (except that I do not know the law in Louisiana, which is founded on the Napoleanic Code and not Anglo-American jurisprudence):
    1. The UCC does not apply to real estate by its own terms;
    2. The Statute of Frauds requires that the party taking title to land by mortgage foreclosure must be identified in writing.
    Never in my career of 36 years have I found an instance in which the law ultimately justifies theft because to do so would means that there is no property law at all. And the real law, its foundation and its correct application does not do so.
    1. The UCC does not apply to real estate by its own terms;
    2. The Statute of Frauds requires that the party taking title to land by mortgage foreclosure must be identified in writing.

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