Skip to main content
Foreclosure Defense Florida

DISMISSING CASES FOR FRAUD ON THE COURT…IT IS HAPPENING

foreclosure fraud

There is a growing awareness, a sickening realization out there that fraud is being committed in our courtrooms…just how pervasive the fraud is remains an open question….but I predict the real truth is not going to be pretty.   Some judges are taking the initiative and dismissing cases when they uncover the fraud.   So what kind of fraud rises to the level that a case should be dismissed?

The requisite fraud on the court occurs where “it can be
demonstrated, clearly and convincingly, that a party has
sentiently set in motion some unconscionable scheme
calculated to interfere with the judicial system’s ability
impartially to adjudicate a matter by improperly influencing
the trier of fact or unfairly hampering the presentation of the
opposing party’s claim or defense.” Aoude v. Mobil Oil Corp.,
892 F.2d 1115, 1118 (1st Cir.1989).

Check out this opinion:

5th DCA Fraud on The Court

And this beautiful piece of literature:

ordermersslammed

Along with a nice collection of cases from across the state finding that shows a pattern of our judges finally having enough of all this (hat tip to Foreclosure Hamlet):

Click here for beautiful reads from across the state

What’s my best example of a fraud that so permeates the proceedings?   Well for starters and the easiest, how about fraud in the service of process.   The service itself and the billing, all of which is incorporated into the Final Judgment.   That certainly permeates the whole of the proceedings.   Our judges need to read all of these opinions and start making them part of the practice.

5 Comments

  • litgant says:

    I am not a judge. Don’t think I would want to be one in Florida and be appointed by a chief papa to robo the docket. But, if I was a judge I would want to know: 1.) if the plaintiff has standing to bring the instant action against the defendant(s). If this is not proven I would dismiss the case without prejudice. 2.) I would then want to know if process was served on all the named defenants and sworn affidavits to that affect by the process server were in the court file. If process was not served on all of the parties I would dismiss the case without prejudice. 3.) I would then want to know if the defendant answered the complaint. If the answer is yes and the case passed #1 and #2 I would then want to know if there are any legal issues raised by the defendant that would require hearing(s). 4.) At this point, I would let the rule of law and the parties come before the court and argue each and every motion. I would not allow a lost note count with request for reinstatement without the plaintiff clearly allowing a trial on this claim. I would insist on a trial on this count. Foreclosure in equity is presumed an agreement of the borrower IF the original note is presented to the court. There is nothing in any mortgage where a borrower consents or waives presentment of the note in foreclosure. Therefore, a lost note count changes this from an equity in foreclosure to a trial case on this count. If I was a judge, I would not mistreat Pro Se defendants because they are not represented by counsel. I would be an America on the bench doing my duty as a fair and impartarial arbitrator. I would make sure the rule of law was followed. I would not be excusing my stupidity or my bias by short-sheeting a defendant by claiming his/her/they are abusing court resources. I am sick of this excuse to claim a miscarriage of justice is justified. And I am sick of judges saying they will not dismiss a case because they will just refile it. Well, so make them refile and pay a second fee and maybe this time they will come to the court not as liars, deceivers, and participating in fraud, but as real parties in interest with standing and capacity. Well, I am not a judge but I believe I could be a better judge than many of these jerks and jerkettes on these benches now. It is because judges are allowing fraud on the court they should be honest and resign and go home. They should be a paralegal or a legal assistant, or file clerk for the County Clerk. They can get a license online to help people get their social security, their food stamps, or their quickie divorces. So many of these men and women do not deserve to be judges. To those good judges, I will always honor and respect your gravity and your impartial wisdom. You do not deserve to be looked up as a shyster all because other judges in the circuit or the state are idiots and conceited fools.

  • lawgrace says:

    Neither mortgage lenders, nor loan servicers are required to know laws and civil procedures that pertain to filing foreclosure pleadings in civil courts as well as bankruptcy courts.

    Foreclosure lawyers are officers of the court. The inadequate, questionable, or fraudulent foreclosure pleadings are filed by foreclosure lawyers, not lenders. https://chn.ge/eU2zAm

    Unlawful foreclosures are the cause of useless property deeds for real estate sales; title companies reluctance to insure foreclosed properties; and disputes about which lender is entitled to claims mortgage-default benefits.

    *LAWYERS WHO FILE FORECLOSURES SHOULD BE INVESTIGATED. Sample of PROVABLE fraudulent foreclosure acts:

    ““Deliberately use defunct lenders, lenders without ” standing” for false civil and bankruptcy foreclosure proceedings.
    ““ Create and conceal malpractice foreclosure delays and engineer billable litigation.
    ““ Orchestrate sham foreclosure auctions; property never acquired by lenders, but ‘straw buyers’
    ““ Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits
    ““ Self-dealing foreclosures which certain lawyers themselves obtain foreclosed properties for flipping.
    ““Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities.
    ““ Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar.
    ““ Intentionally false Bankruptcy Court ” Motion to Lift” and ” Proof of Claim” on behalf of non-existent lenders which conceals fact of ” NON-SECURED” mortgage debt.
    ““Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance.
    ““Fraudulent foreclosures abet loss of property taxes to city revenue, rodents, vagrants
    ““ Thousands of families made unlawfully homeless from null foreclosure proceedings.

    **Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
    https://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

  • speakout says:

    A big question to consider – if a trust was created by the note (borrower was Grantor), who now is the Trustee? If a certificate was sold to the investor, in a trust, the investor only has rights of ownership of the “certificate”, not the asset (house) of the trust. Therefore, they do not have the authority to foreclose. If the bank is acting as trustee, a trustee cannot own the trust asset. Who is beneficiary in the transaction? Are they taking tax status as a REMIC? Who is the conduit in the REMIC? A conduit is the intermediary and therefore could not be the owner. To find out the true party in interest – what position does the foreclosing party declare themselves to be? (trustee, beneficiary, conduit, etc.)

  • chunga says:

    It’s about time we start considering the difference between “negiligent representation” and “fraudulent representation”.

  • I’ve been dealing with 8-yrs of “Fraud upon the Court” at the highest level. I wrote a music video about my documented experience.
    The video is called “Butterflies Marching” and can be viewed at
    Thunderarc.com This involves the White House & FBI as well as other government officials—corrupt federal judges..etc…
    Check it out! 🙂

Leave a Reply