Attached to this post is an excellent analysis of the Florida Supreme Court’s decision in Bartram, produced by Nye Lavalle who is an all around great guy and very knowledgeable in aspects of foreclosure and consumer defense:
It’s a great and a very interesting read!
Predatory servicer’s actions not only harm borrowers, but other defendants such as second lien holders, HOA
associations, and state and federal taxing authorities. They also cost the mortgage insurers and investors with
needless losses. However, the primary victims are our courts and court systems. By their predatory behavior
and fraud, predatory servicers and their foreclosure mill counsel waste countless dollars of local tax money in
needless court hearings and trials when in reality, they should be able to prove up their cases in a manner of
weeks with the right supporting evidence via the vast amounts of easily and inexpensively retrievable data,
records and evidence at their immediate disposal. Any failure to do so only raises suspicion as to the
truthfulness of the foreclosing party’s allegations and the accuracy, reliability, genuineness, and authenticity of
their evidence.
Decades of abuse of this system of courts by bankers led to the distrust of our political, financial and judicial
institutions. As our President-Elect is fond to say and I was quoted as saying in a New York Times Live
Facebook Interview on July 13, 2016… “The System Is Rigged!” There is no question, that the judicial
foreclosure system was definitely rigged when it became common practice for mortgage servicers, their
lawyers, vendors and witnesses to engage in filing false and fraudulent claims in lawsuits; fabricating
evidence and testimony; and obtaining fraudulent foreclosure judgments supported by fabricated and forged
evidence and perjurious testimony.
The upheaval in our financial markets and economy over the last decade left a sour taste in American’s
mouths. The financial market collapse and resulting Great Recession affected many on both the fringe left and
the fringe right. The resulting financial crisis also magnified the frauds and abuses of mortgage servicers that
ultimately led to first, a National Foreclosure Moratorium followed by the National Foreclosure Investigation
and ultimate National Mortgage Settlement.
It also led to many Americans, having been abused by the system and foreclosed on by unlawful, illegal and
even criminal means, to be emboldened. Legal Abuse Syndrome is a real psychological issue similar in many
ways to PTSD. It has affected countless Americans, many of whom I know. The resentment felt by many, that no
one on Wall Street went to jail and only one or two persons in the mortgage industry were tried and
convicted angered Americans, especially those most affected and in foreclosure, even more.
Read the full report here:
