Foreclosure Defense Florida



It is unbelievably unreal that foreclosure mills were permitted to file hundreds of thousands of false pleadings and suffer ZERO consequence.   How many hundreds of thousands of times did attorneys affirm pleadings to our courts when those pleadings were lies?   The notes were not lost even though they told the courts they were lost hundreds of thousands of times and suffered ZERO consequence.
How many tens of thousands of judgments have been granted based on Lost Note Affidavits?   How many tens of thousands of cases are clogged in our courts right now, just waiting to get the Mark of the Beast, the Uniform Foreclosure Backlog Project (UFBP) stamp? How many millions of taxpayer dollars and court time were lost because of the Lost Note Lie?   Why is there no sense of OUTRAGE?
My friends and the people that are fighting for good are persecuted, attacked, singled out, harassed because they dare to stand up to all this…meanwhile those who caused all this enjoy their lives in yachts and planes and mansions…PAID FOR WITH LOOTED TAXPAYER DOLLARS.
I have been struggling for part of the argument to support the proposition that mortgage notes are not negotiable instruments, but I never dreamed one of the arguments would be that if they were deemed negotiable instruments, they could turn into an asset that would be held hostage in a dispute between a law firm and its clients.   If that’s not a reason to support this argument and shut this whole stinking thing down, I don’t know what is.   THIS IS ULTIMATELY FEDERAL TAXPAYER DOLLARS WE’RE TALKING ABOUT HERE, WHERE IN GOD’S NAME ARE THE FEDS?
And now for the news story:
Royal Palm Beach-based defense attorney Tom Ice said new attorneys on Stern cases allege that original notes to mortgages are lost, when Ice suspects they are really being held by Stern in connection with his pursuit of unpaid fees.
Tew confirmed the company “has not released original documents to some former clients who have not paid what they owe the law firm.

In times like these I must relax. I must breathe deep. Run long. Swim smooth. Burn it off. Pray. Repeat after me:

Blessed are the poor in spirit,
for theirs is the kingdom of heaven

Blessed are they who mourn,
for they shall be comforted

Blessed are the meek,
for they shall possess the earth

Blessed are they who hunger and thirst for justice,
for they shall be satisfied

Blessed are the merciful,
for they shall obtain mercy

Blessed are the pure of heart,
for they shall see God

Blessed are the peacemakers,
for they shall be called sons of God

Blessed are they who suffer persecution for justice sake,
for theirs is the kingdom of heaven



  • Attorney Wendy Alison Nora says:

    The notes do not have to be negotiable to be held hostage by an unethical lawyer. Every state which has adopted, even with modifications, the ABA standards set forth in Codes of Professional Conduct, prohibits the holding of client files as leverage to obtain payment of attorneys’ fees. What is truly shocking about the extensive use of “lost note” affidavits is that the foreclosure claimant cannot produce the mortgage notes to prove standing. I have a theory that the “lost notes” are circulating as a faux currency in global commerce. It must become an essential element in foreclosure judgments to have the state courts order the original note returned to the homeowner stamped “SATISFIED” or returned to the debtor upon discharge in bankruptcy stamped “DISCHARGED.” Lost notes are an aberration and require strict proof of the claimant’s right to receive payment.
    (You will note that the UCC does not even provide for satisfaction of debt. According to the Article 3 of the UCC, negotiable instruments can only be paid, discharged or dishonored. I agree with you, however, that mortgage notes are not negotiable instruments. They are subject to conditions contained in another writing, the mortgage, and the mortgage is governed by the Statute of Frauds.)

    • Concerned reader says:

      RE: “the ABA standards set forth in Codes of Professional Conduct, prohibits the holding of client files as leverage to obtain payment of attorneys’ fees.”
      3 years and counting, my files are being held on an attorney “charging lien” here in Florida.

  • Gustavo Cuenca says:



    Hey Matt,
    Did you pick up on the HSH Nordbank lawsuits against GMAC/ALLY
    Barclays? How about Judge Seabright in Hawaii? All very good stuuf.
    Maybe there is a glimmer of hope.
    I went to confession last week. My priest told me my penance, was to give thanks for all the good things!!!
    Son of a bitch! I have to be nice,grateful? Damn that is penance.
    He is right though, I do have a lot to be thankful for.
    Freedom fighters, a rare good judge, karma turning all this shit around.

    • Attorney Wendy Alison Nora says:

      From the Notices to GMAC/Ally and to Barclays: HSH Nordbank asserts misrepresentation as to “. . . the legal validity of
      assignments of those mortgage loans to trusts formed to hold the pooled loans and to collect interest and principal payments due on the loans, and the legal validity of the trusts and their
      legal entitlement to receive interest and principal payments on the loans.”
      See also the March 19, 2012 decision of US District Court Judge for the Southern District of California, Jeffrey T. Miller, in Case No. 3:11-cv-2091 in which the Court granted a homeowner standing to assert the securitization fail on a number of claims for relief, including, but not limited FDCPA, RSPA and for an accounting. The court stated “BOA (apparently his mortgage servicer) has failed to verify the debt and the amount owed.”
      This is another “rare good judge” but more and more are getting it.
      2012 yet may be the jubilee year. Wouldn’t it be interesting if the divine judgment was to cause the sin of greed to implode by securitization fail. If the investors can recover their losses from the unfunded REMIC trusts and the homeowners can get relief from the false debt collection, the greedy parties in the middle would have to admit their insolvency and be liquidated. The fraudulent, private banking system would then be unmasked and this nation could reestablish an honest and transparent medium of exchange. Step by step . . .
      Thank you to all the Freedom Fighters!

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