Foreclosure Defense Florida

Foreclosure Twilight Zone- Motion to Ratify Fraud On The Court

twilightzone-foreclosuresWe’re living in a strange, scary, crazy world where down is up, up is down and the rule of law has been replaced with something else…some sinister motives that push homeowners into foreclosure, that keep banks, institutions and law firms that have engaged in questionable business practices for years making money directly of the backs of the American people.

The most egregious current example is the motion attached below.   It is simply unprecedented in legal history.   Read the motion carefully.   The law firm admits that there was wrong doing, but what exactly what was the wrongdoing? Was this some business practice that went awry because the employees were unsupervised or was this a concerted, knowing campaign to systematically commit fraud on our judicial system?   We don’t know, the judges don’t know, no one knows….all we have is their written admission that wrongdoing occurred and a request that the wrongdoing (whatever it was) be overlooked.

Where is the uprising people?   Where is the backlash?   Where is the protest?   Have we all just grown weak and so accustomed to being beaten up that we’ve all given up?   I’m angry and getting angrier.

Motion-to-Ratify-Summary-Judgment

The sanction of dismissal with prejudice due to fraud upon the court has long been  an available remedy for a party’s misconduct in the litigation process. It has been held that “a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends.” See Metro. Dade County v. Martinsen, 736 So. 2d 794, 795 (Fla. 3d DCA 1999). Dismissal is an available remedy for knowingly submitting forged or altered documents with the intent to deceive the court. Bob Montgomery Real Estate v. Djokic, 858 So. 2d 371, 372 ( Fla. 4th DCA 2003)”¦

It was in fact the [Andrewses] who committed a fraud upon the Court by writing “Under Protest” on a copy of the check, post trial, and then swearing under oath that their altered version of the check was the authentic evidence. This was a blatant lie, and constitutes a fraud upon the Court”¦

The [Andrewses’] actions in this regard are sanctionable, and this Court determines that sanctions are warranted under such circumstances where the integrity of the judicial system is undermined;..

Because we find the Andrewses’ misconduct to be egregious and a threat to the integrity of the judicial process, we grant Palmas’s motion to dismiss the appeal.

The sanction of dismissal with prejudice due to fraud upon the court has long been [**9]  an available remedy for a party’s misconduct in the litigation process. It has been held that “a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends.” See Metro. Dade County v. Martinsen, 736 So. 2d 794, 795 (Fla. 3d DCA 1999)

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 [**10]  claim or defense.” Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989)

A trial court has the inherent authority, within the exercise of sound judicial discretion, to dismiss an action when a party perpetrates a fraud on the court or willfully refuses to comply with a court order. We share that inherent authority. See Kornblum v. Schneider, 609 So. 2d 138, 139 (Fla. 4th DCA 1992)

2 Comments

  • litgant says:

    Fraud on the court. What a dirty shame. Who would dare do this to a retired robo-judge trying to earn money for his next trip to the casino at Hard Rock in Tampa? My what a low-down crime. And where is the Florida Bar in all this? I read where a stupid judge said if no none brings up fraud he is not going to even if he sees it. He said he is not the one to raise objections to fraud in his court with foreclosing documents. He is not the one to question a plaintiff’s lawyer about fraud if the defendant is not their to protest. And this jerk or jerkess, thinks they are so cool and great? Well, let me say this: if a judge knows there is fraud in a case and he does not speak up he is shyster-puke-face lawyer who needs spanked. And if any defendant can go back and review their foreclosure and there was fraud on the court, seen or unseen, acknowledged or ignored, the entire foreclosue can be set aside. When will those who got their foreclosure letter, who were afraid, and packed up and ran, start to fight back? You are invited to the Dave Kreiger seminar in Tampa on this saturday. Come and get mad. Come and fight back. Come and make up your mind to overturn the fraud on the court.

  • lawgrace says:

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

    Lawyers are officers of the court; knowledge of applicable laws and civil procedure is NOT required from mortgage lenders, NOR loan servicers. In states that require judicial foreclosures, lawyers are the ones who file lawsuits to seize and sell property; and lawyers are responsible for filing and recording foreclosure property deeds.

    An investigation could prove helpful to sorting out whether improper and illegal foreclosure proceedings are linked to any self-dealing conduct disadvantaging lenders, investors, homeowners, and city governments. . .”

    PETITION
    https://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

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