Foreclosure Defense Florida

Open Letter to Florida’s Chief Finanical Officer, Alex Sink

Dear Alex Sink- It was a pleasure to meet you in Tallahassee last week for the Lawyers for Homeowner’s Rights Rally.

As discussed, I am an attorney who is primarily engaged in the defense of homeowners who are in foreclosure.

I cannot understand why, especially in these tough economic times, my Office of Financial Regulation is totally ignoring Florida Statues 658 and 660 which, as you know regulates banks and importantly trust companies.   All across this state national banks and mortgage lenders are operating as unlicensed, unregulated and non-paying trust companies.   WHY ARE YOU NOT DOING ANYTHING ABOUT THIS?

They’re using and abusing valuable state resources by filing actions in courts, calling upon our sheriffs to evict homeowners and forcing local municipalities to absorb millions of dollars in losses in municipal code enforcement liens and other unfunded liabilities.   A variety of Florida Statutes, including 658 and 660 require them to register and pay fees, but very few are.   WHY ARE YOU NOT DOING ANYTHING ABOUT THIS?

They’re kicking down people’s doors and taking their belongings without receiving any court order under the totally illegal concept of ” property preservation”.   These roving band of ” Foreclosure   Cockroaches” violate the fundamental rights of Floridians every day when they kick down doors, change locks, throw out property and leave a sticker on the door. (Search my Site for ” Foreclosure Cockroaches” for actual examples.)   WHY ARE YOU NOT DOING ANYTHING ABOUT THIS?

Florida Statutes 658 and 660 require all of the mortgage trust entities that are pursuing foreclosure actions in this state to register with your office, post a bond and pay fees promulgated by statute.   Your office’s legal staff has determined that these statutes apply to many of these shadowy entities that are operating in your staff and your enforcement office has confirmed that very few are complying.   Consumers are being deprived of important regulatory protections while the State is losing out on millions of dollars in fees that these entities (that are making obscene profits) are not paying to this state. WHY ARE YOU NOT DOING ANYTHING ABOUT THIS?

These shadow entities and trust companies are easy to identify.   Just pull the foreclosure dockets in every county and you’ll find thousands of entities and companies engaging in trust activities as specifically defined by statute but who are failing to register or pay the required fees.   These entities use valuable state resources like courts, sheriffs and law enforcement while at the same time municipalities and local governments are being deprived of millions of dollars in code enforcement and other municipal liens because these entities are not registered and they evaporate into thin air after the foreclosure judgment is entered. WHY ARE YOU NOT DOING ANYTHING ABOUT THIS?

Finally, I want to share with you an email from a woman that just posted on my website.

I am a victim of the fraud in Court and presently suffering for the way the foreclosure procedure has been conducted in our case which is horror and extremely painful.
I am 65 years of age.   Since 2008   I have been fighting this foreclosure with my husband, but unfortunately our house was sold on April 8th, 2010.   The Judge deffinitely refused to accept that FDLG was lying as well as JPMChase.   The Judge’s only concern was that we were living rent free, despite the fact that there is not a single piece of evidence in the complaint.   The Judge didn’t care about missing assignments, etc.   He didn’t care that I qualified for a Reverse Mortgage due to my age and equity in the house.   The Judge didn’t care that my husband is a veteran with a delicate heart condition, two heart attacks and two heart surgeries, diabetic and mental treatment.   The Judge didn’t care that Bank declined all our offers of payment in full, and he didn’t care that we lost the car and filed Chapter 7 discharged on Dec. 2008.
The judge humilliated me in front of other people during our last hearing indicating that he was not going to tolerate anymore that I keep living free and taking advantage of the Bank losses.   The Judge was so mad at us that he practically has punished us taking advantage of all his power.   He denied all our motions, even a request to waive bond during our appeal, which he refused and denied as well, requiring us to find a bond for $105,000 plus $15,000 attorneys fees.
Our house was sold on February 22nd, and on April 8th we were evicted.   I just have no words to explain the pain, confusion, madness, fear, just a mixture of adverse reactions a human can have.
We were thrown out to the street with no car , little money and all of my art work, materials, equipment, just everything left inside and lost.
The buyers gave us $1,400 to find a tentative place to live.   We are being deprived to continue selling our work.   This is like being sentenced for a crime we never comitted.
Today we are in a little room with a computer, still fighting in Court, pending appeal (case is still open) and a discharge injunction in the Bankruptcy Court with an evidentiary hearing scheduled next May 13th.   We have a very good case in both the appeal, but better yet in the bankruptcy discharged injunction.   Of course, we cannot afford an attorney, so we are ProSe.
We called every single agency in Orlando Florida, Fla. Bar, Orange County Bar, Legal Aid Soc. Seniors First, Senior alliance, Legal Community, The legislators, senators, etc. etc. etc. and no one, had a single idea on how to help us get at leat a part time legal counseling from a pro bono.
Today, a neighbor just called to inform that all our personal items are out in the street in a huge garage sale, with a sign that says, “State Garage Sale”   Our   neighbor went into the house and told us that it was a mess, destroyed and looking vandalized. To my knowledge, this is stolen property. This broke my heart, it is terrible, just terrible.I am just running out of strength, but still with hope.



Why won’t anyone do anything to help these people? and WHY AREN’T YOU DOING ANYTHING ABOUT THIS?


  • Tony says:

    The problem is, the banks and their ilk have more money, and money talks.

    The only thing that trumps money is a gun, plain and simple.

    Threaten their life/lives, and you get your way, all their money can’t help them then.

    People like that judge make me sick, and he should be permanently fired, from ever having a seat again, and forced to life that womans life, to see how it feels to be such a ruthless dick like he is!

    I’m tired of being nice to people who don’t give a damn and think they are better than everyone else! Just because you have some shiny black robe, or a fancy car, does not make you better than me!! You still take a crap on the toilet the same as me!

    And yes, i am advocating violence, because that’s the only way things get done!!!

    It’s a sad, sad truth, and more people need to realize it!

    It’s time for a revolution!

  • Alina says:

    The story is similar to my sister’s. She was given the impression that Chase was “working” with her while they were actually persuing a foreclosure. When she was served, she called Chase and was told that it was a formality. So my sister did not file an answer. She thought that Chase would finalize the modification because they told her that it takes 6 months to finalize. Long story short, Chase foreclosed. When my sister went before the judge she tried to explain to him that she had been actively working with Chase on a modification. The judge told her that she had lived long enough in the house rent free.

    btw, the mortgage filed by Chase did not name Chase. There was no note attached to complaint nor was there an assignment. The judge refused to look at the documents and took the attorney’s word.

    These types of stories must end. We must educate the judges.

  • Jennifer says:

    Sometimes, you gotta wonder if they [the Judges] do know why they are letting this happen under their noses? It is only normal that we would think, maybe they don’t know…but how could they not know? So, then what would be a motivating reason not to follow what they do know is the right thing to do? Is it fear of losing their position? Is it for fear of standing up to the banks? Is it for money? Is it because they are doing what they are being told to do? And who is telling them to do this? I wonder….I just wonder. Actually, I have posted it many times…the Judges are taken orders from somewhere, and those people are getting their orders from somewhere…so who is holding the authority to say ignore what you are seeing…it doesn’t matter anyways….the voice is coming from somewhere….where? It’s no longer a “why aren’t you doing anything” or a “how can you let this happen”…the question is, “Who are you listening to?”

  • Allan says:

    I too have considered a reverse mortgage, but no longer trust the judge in my case to rule any way but for FDLG – the same group that has bamboozled her many times in the past.

    How does an elderly blind woman who is suffering from Alzheimers for over 7 years get her identity stolen, her signatures forged and falsely notarized and all her life savings foreclosed upon without her being around or aware this is happening?

    How do judges allow themselves to be so duped?

    Is it possible judges are cynically doing what’s expedient just to loosen their caseload by resorting to rocket dockets and granting summary judgments AFTER a Pro Se defendant showed how the Plaintiff’s redundant allonge and missing assignments are a sure sign of fraud?

    Alina, I am sorry for your sister’s experience.

    Jennifer, you may well be on to something there about where is the message or where are the orders coming from?

    When next someone deposes one of these robo signers let’s find out what training, what journal, what online resource is out there to so standardize this confiscatory practice that seems so consistent throughout the nation.

    There’s got to be a source. Let’s crack that source. Let’s find the headwaters.


  • Alina says:

    Mr. Weidner,

    It’s Orange County. My sister did not want to file an appeal. She filed a Chapter 7 instead and relinquished the property to Chase.

    Felt like wringing her neck for not asking me first, but it is what ir is.

  • Andrew says:

    The reason she hasn’t done anything is that she is a banker. Plain and simple.

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