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Foreclosure Defense Florida

Itty Bitty Lies to The Court- Who Cares? What’s The Big Deal? It’s Only Foreclosure

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.


2 Comments

  • David Acosta says:

    These lies you refer to are not only offensive and extremely corrosive to our system of justice, they completely undermine the expression of freedoms on which this country was founded. I mean losing property without a meaningful opportunity to be heard is totally unconstitutional. But foreclosure plaintiff attorneys and others say “but your client had an opportunity to be heard – remember, there was a hearing and the judge granted summary judgment against the homeowner.

    Right. Except that the plaintiff remained completely faceless during the entire legal proceedings and no one knows exactly who had the right of action against the homeowner. Now, that does not equate to being heard when for the sake of expediency the homeowner is subjected to losing his/her property to an entity whose right of action was continuously in question from the inception of the foreclosure lawsuit. The result? Loss of property – and all the human suffering that comes with that end result – without any meaningful opportunity to litigate the case.

    Think about it for a moment. In the criminal context a defendant has the right to face the accuser. Would a judge allow the prosecution of a criminal action against a defendant where the identity of the accuser is continuously concealed? Unconstitutional you say? Perhaps since the court dockets are full and the homeowner did not pay (presumption) then, we should allow faceless plaintiffs to enjoy dispossessing people of their homes.

    I contend this set of rules, which apply only to foreclosure cases, runs counter to that proscribed by statute and standing case law. Where our judges fail to observe the defendant’s right to know who is the real party in interest and to enforce compliance with the laws that compel producing pleadings and other documents evidencing the plaintiff’s identity and right of action – everyone but the plaintiff loses. The courts eventually lose because the people’s confidence in these institutions fades and is eventually lost.

    I believe that it may take a concerted effort by defense attorneys on several fronts to bring this back into proper alignment. Operatively this is done with appeals and vociferous advocacy.

    This particular subject matter is not a mere academic exercise for this writer. I was pursued for nearly three years by a mortgage company that hid behind a charade of lies as described in Matt’s article. I continuously contested and contentiously litigated the action and fought on grounds that the plaintiff lacked standing. The court repeatedly threatened me and denied me relief. In the end the battle-worn plaintiff admitted by affidavit that nearly two and half years prior to bringing the action against me they had sold the loan to someone else and had no right, title or interest in the mortgage loan. I won outright on summary judgment. The plaintiff appealed and the district court affirmed. So, for me this is as real as it gets because I have been subjected to the lies – big or small – that could have cost me my home.

    Note: The plaintiff’s attorney had the original promissory note almost from day one.

    I agree – Don’t let them get away with the lies. If you need help with appeals contact me. I have done plenty. Keep up the good work, Matt.

    • It’s just astonishing what we’re allowing to sit back and occur. I am particularly troubled by the fact that all these bad practices and culture are moving into the courts. Some judges are certainly sensitive to it, but far too many are just letting this go on, right under their noses…..

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