Today is a day to contemplate the sacrifice made for our freedoms and this day in particular I am terrified by what the comments made by public officials in the attached news article. The bottom line seems to be this….if your bank alleges default, you have no rights. So why even bother with a court system? Why don’t we just let the jack booted thugs come crashing down the doors? Wouldn’t that be a whole lot easier?
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Did you know Charlie Green started in 1984 as Lee County Clerk of Court? He ran in 1988, 1992, 1996, 2000, 2004 and 2008 all unopposed. He is running again in 2012 and so far nobody has stepped up to the plate to run besides Green. We need to assure he does NOT get reelected. Someone needs to step up to run against Charlie.
Why have the courts forgotten that foreclosure is an equitable remedy and that the party seeking equity must do equity (the “clean hands” doctrine.)
A homeowner can only be in default to the party which can actually produce the promissory note, properly endorsed and a properly assigned mortgage at the very latest on the date the foreclosure action is commenced.
There are also many counterclaims which homeowners can bring under TILA, RESPA, HOEPA, common law breach of contract, common law fraud . . .
If there is a violation of law, foreclosure cannot be the remedy. The action would be in law for contract damages with all the offsets arising under the counterclaim.
Come on, now. This isn’t rocket science. It is the foundation of the Anglo-American system of jurisprudence–courts of law and courts of equity. Although courts of law and equity have been merged in many states and in the United States court system, it does not mean that a case for an equitable remedy (foreclosure) becomes a case at law for foreclosure. There is no remedy at law for foreclosure.
Oh, my goodness. Maybe the ACLU should point that out, too.
Lee county is apparenty protected by the feds! They break all rules of DUE PROCESS no matter what it may be. All are related or sleep together!
They all have dirt on eachother and take payoffs.
This corruption is not limited to foreclosure cases. I recently went to cour Pro Se to defend myself against a civil lawsuit that evidently was filed in 2008 but to which I was not served until August 2011. I filed an answer that I was not served properly under FRCP 1.07(j) and the Plaintiff had not shown reasonable cause or neglect to have been given that much time to serve the suit as all pertinent records that I would need to defend myself no longer exist. All caselaw on this ponted to my favor, but the judge in the Banana Republic of Lee County told me I should have known I would be sued(how would I know unless I checked the leeclerk website every day), and that the Plaintiff “probably” filed for extensions to serve. I raised the question that I have no way to defend myself because the actio was being hear 4 years after the fact, but that did not matter, despite caselaw in this state stating a suit can not be brought so long after the fact that records are lost. Caselaw does not matter in the Banana Republic of Lee county in Frank Mann’s courtroom. Just rubber stamp approve those requests for Summary Judgement. I could not afford $250/hour for an attorney, the law says that I can represent myself, but not in this county, all civil rights are lost. How many other people who have lost their homes are going through other things like this??? How many others who try to represent themselves in a matter so clear cut have their civil rights violated in Lee County Court? The ACLU has done great work on the foreclosure disaster, what about situations like this where a persons civil rights and the law are IGNORED??