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.
AND NOW I ASK YOU, AND EVERY OTHER ELECTED LEADER OR PERSON IN POWER…
WHY IN GOD’S NAME ARE YOU ALL SO WILLING TO LET WHAT’S HAPPENED TO THIS FAMILY AND THOUSANDS OF OTHERS ACROSS THIS STATE HAPPEN EVERY DAY JUST SO THE FAT CAT INTERESTS CAN MAKE EVEN MORE OBSCENE PROFITS?
Why won’t anyone do anything to help these people? and WHY AREN’T YOU DOING ANYTHING ABOUT THIS?
