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Foreclosure Defense FloridaGeneral Information

Florida’s Elected Circuit Court Judges, Providing Critical CONSTITUTIONAL Protections in Times of Desperate Uncertainty….

Each of Florida’s ELECTED Circuit Court Judges stand before their voters for retention every six years.

This process of retention is deeply rooted in Florida’s Constitution and serves as an important check on the most important branch of government, our state’s judicial branch.

Every six years, voters review the records and conduct of our elected judges and, in nearly every case, they confirm that the judge should continue to serve.

But today, our courts are desperately underfunded with fewer and fewer elected judges to hear every more cases filed before them.   And so, increasingly, our courts are turning to the use of senior judges to execute the laws.

Unelected, unaccountable senior judges that do not face the voters are a dangerous incursion onto sacred Constitutional grounds that must not be permitted to continue.

It’s time for our courts to stand up, demand proper funding of elected Circuit Court judge positions, anything else is a violation of important Constitutional principles…..

There is one easy stop gap fix to the problems caused by assigning entire sections of foreclosure cases to senior judges….and it’s the process by which senior judges are used here in Pinellas County….Senior judges are assigned to hear non-contested cases.   This is an efficient and practical use of the valuable resource that our senior judges represent.   This allows the limited senior judge times to be effectively utilized without implicating the difficult problems associated with assigning the senior judges to full case responsibilities……

Writ of Pro vs. Senior Judges

6 Comments

  • speakout says:

    The FIRST thing a judge should be looking at before a case is even ALLOWED to be filed, is if the Plaintiff has the ORIGINAL documents filed with the court. That would weed out probably 90% of the fraudulent cases sitting in the pile. Foreclosing attorneys are submitting files that don’t even have the proper parties with standing. The judges should be ashamed for allowing this. They are no judge as far as I am concerned, but just an administrator that does not have the right to call himself a judge. His authority comes from his oath of office to uphold the law. If he is lacking the oath, he has no authority! Check to see if it is filed. We need to start holding the judges accountable, just like we need to hold ANY elected person accountable. They’ve been getting away with the BS for far too long. The people need to take back the country from the crooks. We can do it lawfully. And peacefully.

    Key point to look for in an assignment, especially a MERS deal.
    The corporate seal! It’s missing on most assignments by the foreclosure mills. Invalid document! If MERS is the mortgagee and the mortgage is what they are foreclosing on, they have to include MERS in the case. NY BK judge Robert Grossman, ruled MERS business model is illegal. MERS is registered in Delaware, located in Virginia, but gives an address of Flint, Michigan on the mortgages.
    So are the notary signatures accurate? NO!
    ALL foreclosure cases involving MERS should be dismissed and the house awarded to the homeowner of the property-based on fraud. You should be bringing claims for punitive damages 200X the loan amount for the stress this has caused all homeowners of this intentionally engineered mortgage fiasco. On an average $150K loan that would amount to a claim of $30 million per house. That is how we take our country back from the banksters! Neither MERS, NOR the lenders EVER sign the note OR mortgages. SO, based on contract law, they have no rights because they never consumated the deal. The borrower should be allowed to cancel the contract as the borrower is the only one that signed. If you don’t sign a contract , how can you have rights to it?

    • Jay says:

      I can only speak for my county in California. Judges give the banks everyone’s house…whether they own it or not. They do not even bother to look at or verify documents. People are denied a jury trial for a foreclosure action, which I believe is illegal.
      The latest – one woman was told by the Judge “You are trying to take full advantage of Pro Se laws!” Yeah….well, isn’t that what we have to do??? First time I’ve been sorry to live in Cal.

  • speakout says:

    Regarding the previous comment, the courts could be funded from a portion of the punitive damage claims! Submit a few claims and the judges will have plenty of money!

    • Jay says:

      Between their pensions and whatever they are getting from their “jobs” they already do have plenty of money.

      I now look at the courts as a money making business. Here there is nothing about justice in decisions in our courts….it’s all about who has the most money or influence: in FCL that is the banks. In family law, most often it is the father’s and the mothers are locked out, given a pittance (if they are lucky) and deprived of the children so the dad’s don’t have to pay child support. Then the parent who lost the kids has to pay to visit with them (and their supervisor)…no more personal conversations between parent and child. ThE California courts should be closed down….we need a new system where justice can have meaning again.

    • Jay says:

      Between their pensions and whatever they are getting from their “jobs” they already do have plenty of money.

      I now look at the courts as a money making business. Here there is nothing about justice in decisions in our courts….it’s all about who has the most money or influence: in FCL that is the banks. In family law, most often it is the father’s and the mothers are locked out, given a pittance (if they are lucky) and deprived of the children so the dad’s don’t have to pay child support. Then the parent who lost the kids has to pay to visit with them (and their supervisor)…no more personal conversations between parent and child. ThE California courts should be closed down….we need a new system where justice can have meaning again.

      THIS IS A NEW AND DIFFERENT COMMENT.

    • Jay says:

      Believe me, I think there are plenty of ways our Judges are getting “plenty of money”. Court has little, if anything, to do with justice now, it is really about who is the favorite, the friend of the favored attorney of the Judges. They win….no matter what law may ever have been written which supported the losing side. Oh, by the way, evidence means nothing now either.
      The whole system is bankrupt for the general public. Everyone else seems to be happy with their incomes.

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