Foreclosure Defense Florida

Notary Fraud, Signature Fraud, Foreclosure Fraud, Corruption in Our Courts

Florida-Supreme-CourtA potent mix of frustration and anger is brewing once again in this country because the well-heeled monied interests, Fat Cat Bankers and Shyster Attorneys have once again gotten caught sticking it to normal Americans. Ignoring the rules with an arrogance that would be astonishing if we all were not so used to it by now.

In the midst of this brewing storm and calls from Congress and Attorneys General from several states, Florida’s top court, the Florida Supreme Court punched the whistle blowers straight in the face with a staff-level letter that essentially said,

“GO MIND YOUR OWN BUSINESS CONGRESSMAN, WE DON’T CARE ABOUT YOUR CONCERNS. CALL THE FLORIDA BAR, MAYBE THEY’LL CARE!”

(Not a peep out of the Florida Bar….yet. [Ever?])

Well now in an incredibly ironic turn of events, just days after the blow off letter was issued, the perpetrators of the fraud the Congressman complained of have been forced to acknowledge their misdeeds.   Trial court judges can ignore the problems, even the Supreme Court can ignore the problems, but the title insurance companies that are holding the bag for all of this have essentially confirmed what Congressman Grayson and Attorneys General from several states are complaining about.

The title industry is reeling, real estate is collapsing and there is a profound and pervasive crisis in confidence that has swept across this country because our courts have lost the respect they would have been entitled to had they taken an authoritative role in this crisis.   Instead, our courts (Trial, Appellate, Supreme) they’ve abdicated their responsibilities and turned the keys to the courthouses over to the Wall Street Fraudsters and their attorneys.   You see this everyday in the reckless, unfair and prejudiced Rocket Docket proceedings which are effectively run by the foreclosure mills, for the foreclosure mills.   Their attorneys don’t even bother to show up to hearings. Sometimes they call in by phone.   Sometimes, judges just enter Summary Judgments even when no one is there in person or on the phone.

Just think about this nugget.   I’ve been going to Summary Judgment Hearings for years now.   I’ve seen thousands of Summary Judgment hearings in courtrooms all across this state.   I cannot remember but a handful of cases where there was an attorney present for one of the foreclosure mills that actually had a copy of the case file with them.   That’s right.   They show up to court with nothing.   No file, no documents, no evidence.   At best they’ve got a spreadsheet, a print out from a computer.   And yet they stand there or call in demanding that the judges sign Orders throwing people into the streets.

THE REAL SCANDAL HERE IS THAT OUR JUDGES SIGN THOSE ORDERS…HUNDREDS OF THOUSANDS OF THEM

I want our press to see this and record this and broadcast this.   I want to see video cameras in these foreclosure rocket dockets. Shine the light on the empty-handed foreclosure mill attorneys or the no-show attorneys or the telephone attorneys. (How do we even know who’s on the phone?)

Let’s hope the press keeps up the heat on this, but no one will be able to put the lid on the bubbling cauldron of fraud, lies and deceit that are found in foreclosure courtrooms across this country anymore.

One Comment

  • marccooper5 says:

    The issue in this election are so important we need to vote and vote in this election.

    Candidates for Florida attorney general have differing views on where gay adoption lawsuit should go

    Both believe their views follow state constitution.

    Posted: October 3, 2010 – 12:00am

    By Larry Hannan

    Candidates running for Florida attorney general usually want the public to know they’ll be tough on crime.

    Legal philosophies of the people running, and their views on when the office should get involved in civil litigation, usually get short shrift.

    But the long-simmering issue of gay adoption, a controversy in Florida since it was banned in 1977, is showing how Republican Pam Bondi and Democrat Dan Gelber would function as the state’s top legal officer.

    Gelber has vowed to accept a court ruling throwing out the gay adoption ban. Bondi has said she would appeal it to the Florida Supreme Court.

    Both insist they are not motivated by their personal views but would be basing their action on the Florida Constitution. Gelber believes the ban violates the constitution; Bondi does not.

    Attorney General Bill McCollum has been unable to protect the ban. The 3rd District Court of Appeal recently upheld a ruling by a Miami-Dade judge who found the ban violated the state’s equal protection guarantees by singling out gay parents.

    McCollum, a Republican who is leaving office at the end of this year following an unsuccessful run for governor, has drawn criticism for defending the ban in court. But while acknowledging he personally supported it, he insisted that as attorney general he was required to defend it and would have had to even if he was personally opposed.

    California Attorney General Jerry Brown didn’t see it that way. Brown, who is running for his second tenure as governor, refused to defend a state constitutional amendment banning gay marriage, and private groups ended up defending it in federal court.

    Gelber, a state senator from Miami who was previously a federal prosecutor, said he agreed with McCollum’s view that an attorney general is required to defend state laws and constitutional amendments even when he or she personally disagrees with them.

    But Gelber believes there is an exception: An attorney general, he says, doesn’t have to defend a law that violates the constitution, and under that exception he would have refused to defend this ban.

    “The attorney general’s duty is to protect the constitution and the people of Florida,” he said. “It’s not to protect bad laws.”

    He also didn’t think the state had much of a case, and it wasted time and money.

    “I’d compare it to when I was a federal prosecutor,” Gelber said, “and I didn’t think I had enough evidence to prosecute.”

    Bondi, a former Tampa prosecutor, also said the attorney general’s first obligation is to exercise independent judgment on behalf of the people and to the constitution.

    “That said, where there is no conflict with the attorney general’s duty to the constitution,” Bondi said, “the attorney general ordinarily has an obligation to defend statutes that are challenged in court.”

    That’s especially true when a state agency asks for representation, Bondi said.

    The Florida Department of Children and Families requested the attorney general’s assistance in the gay adoption case.

    Gelber and Bondi both declined to comment on the California case, saying they preferred to focus on Florida.

    “It is not for me to opine on the duties of another state’s attorney general.” Bondi said.

    Aubrey Jewett, political science professor at the University of Central Florida, said there is a gray area when it comes to what an attorney general is required to do.

    “The attorney general does defend the state in most instances,” Jewett said. “But it’s also a political office with some discretion on what can be done.”

    The job actually has more discretion than other political offices, Jewett said.

    Some attorneys general focus on white-collar crime; others choose to focus on drugs, domestic violence or consumer fraud, he said.

    Jacksonville University political science professor Stephen Baker said the job tends to attract people who want to use it as a steppingstone to governor or senator.

    “You can make a lot out of that job,” Baker said, “if you pick issues that are popular with the public.”

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