All across the country law firms working for lenders, banks and mortgage companies are telling little bitty lies (and some big fat million dollar lies) but who really cares anyway? I mean, when a plaintiff files a case to foreclose a taxpayer’s mortgage they must have the right to file that foreclosure. Why? Because the lawsuit says so.
It doesn’t matter that the homeowner they’re trying to throw out of the home has never had any relationship at all with the Plaintiff who has filed the case. (The Plaintiff has copied a public record that is available to anyone and that mortgage says the debt is owed to someone other than the Plaintiff but just ignore that.)
It doesnt matter that even an experienced foreclosure defense attorney or judge can figure out exactly what kind of entity the Plaintiff is. State laws and rules of court procedure require this in every other case, but why should that matter in foreclosure? (i.e. “Deutsche Bank National Trust Company as Trustee for the IXIX Securities, Series 2006)
It doesn’t matter if the Plaintiff is legally registered in the state it is working in or whether the Plaintiff that’s asking the court to throw this neighbor out on the street is subject to any state, federal or other laws. (The big sophisticated Plaintiffs routinely assert that they are not subject to any regulation, supervision, registration or inquiry and in fact are exempt from state laws.)
It doesn’t matter that the Plaintiffs are entering “evidence” in courts across the country asserting how much they are owed when the affidavits or evidence they are entering is fabricated, fraudulent, not supported by fact and completely improper. (The Affidavits of Amounts Due and Owing, Assignments of Mortgage, Affidavits of Lost Note and other documents which are prepared by Plaintiff’s firms in support of cases lack all appropriate evidentiary basis, but who cares about that?)
LIES, LITTLE LIES, BIG LIES BUT HEY, LET’S JUST GET ON WITH IT!
The very lies, fraud, misrepresentations, con artistry, theft, collusion and conspiracy that brought this country’s financial system to its knees are now being accepted as regular practice in courtrooms across the country. These observations are not the rantings of a mad man…(although I confess to becoming a very mad, mad attorney about all this.) For proof, read the Florida Supreme Court Task Force Report on Residential Foreclosures. When the Supreme Court has to admin in writing these kinds of transgressions, we’ve got a very big problem on our hands.
SO WHAT TO DO?
So what to do? Well, a growing corps of dedicated attorneys are battling this erosion of rules and standards that threatens the integrity of the entire court system. What can you do? If you’re an attorney or even a private party involved in the system, start by issuing subpoenas to every person who enters an affidavit or assignment in the case. Chances are the Plaintiffs will never present the third party, but merely asking the question will often grind the case to a halt. If you’re an attorney you’ve got an obligation to ask the questions, and if you’re a taxpayer and a borrower, you’ve got every right to ask the questions as well. For an example of the fraud and deception and the types of questions to ask, type in “Erica Johnson Seck” or just click here to read the transcript. There are more out there, but that one is a good place to start. For real inspiration, and to read about a pioneer who is fighting the good fight (and winning, type in “April Charney” she’s earned the right to be called the Angel of Foreclosure Defense
Let’s not let them get away with it once again….stand up and fight the machine.