Foreclosure Defense Florida

ProcessServiceFraudGate- The Next Chapter in ForeclosureFraudGate.

law-booksIt’s so nice to know that RobosignerGate is over. You’ve seen the press reports, right?   Bank of America has completed their review, they’re confident that nothing is wrong and now they’re ready to move forward with throwing Americans back onto the streets again. Next, the American title industry has gotten together and they’re hammering out the details on a conspiracy that will attempt to resolve all the serious title claims that this fiasco has caused.   Next, the attorneys general from all states are meeting to force a settlement and resolution of Fraudclosuregate.   Make no mistake people, what you are   seeing is the biggest government sponsored economic conspiracy the world has ever seen.   Don’t believe me?   Read the Wall Street Journal article here.

Fannie and Freddie own half of all the mortgages in this country.   Fannie and Freddie demand that we ignore the real problems presented by Fraudclosuregate and move along.   Ignore individual rights, ignore court laws and procedure…..get this property in the hands of the banks NOW!   Needless to say there are so many problems presented by these proposed fixes, but I do believe that the highest levels of government at the local, state and federal level are all actively conspiring to “fix” fraudclosuregate and get us moving along.   They are working feverishly to ensure no penalties or consequence are even discussed….and they’re going to work hard to make sure none are actually leveled.

BUT THERE’S A PROBLEM THEY MAY NOT BE ABLE TO WORK AROUND–THE FACT THAT TOO MANY PEOPLE’S CONSTITUTIONAL RIGHTS HAVE BEEN VIOLATED BY FRAUD IN THE SERVICE OF PROCESS, PROCESS….READ ON.

I’ve been posting about this for some time, and now the mainstream press has picked up on it….Read Story Here. Our entire foreclosure process, and now a significant portion of the title to real property in this country now rests on the shoulders of largely unregulated, unpoliced and until now, unnoticed subset of the foreclosure mill/foreclosure cockroach community.   The Private Process Servers.   Who are process servers?   In Florida, a Plaintiff must personally hand an original summons issued by the court, along with the lawsuit to every defendant in a foreclosure case.   The Sheriff appoints private parties to serve these lawsuits on these people, but any knucklehead can become a process server.   The requirements are to become a process server are defined in Florida Statutes, but here’s the bombshell.

THERE IS SO MUCH BAD SERVICE OF PROCESS FLOATING ACROSS THIS STATE THAT IT’S GOING TO MAKE THE ROBOSIGNER CONTROVERSY SEEM SMALL

What is bad service?   Not actually serving the defendant in the case, but lying to the court and saying the person was served.   You see, a process server must file with the court an Affidavit of Service, an original document where he swears to the court, ” On February 1, 2o10 at 4:10 pm, I personally served Matthew Weidner with a copy of the lawsuit and summons at his home at 1229 Central, St. Petersburg 33705.   Weidner was 5 feet 2 inches tall, black and weighed about 200 pounds.”   The problem is Matthew Weidner is white, 6 foot 1, weighs 165 and on February 1, 2010 at 4:10 pm he was on a flight bound for California”¦.that service could never have happened so the process server lied.   The big, big, big problem with service such as this example is”¦..

JUDGMENTS BASED ON FRAUDULENT SERVICE ARE VOID

Let that sink in and think about it.   VOID.   Not Voidable, but VOID AB INITIO or invalid from the outset.   How many tens of thousands of titles to real property across this country are affected by this problem?   Impossible to say at this point in time, but anecdotally, I see far too many cases of flawed service than we should ever permit.   Elderly people, illiterate people, minorities that couldn’t avoid service or leave their homes even if they wanted to.   And yet, the numbers of Affidavits of Diligent Search and Inquiry and Constructive Service in foreclosure cases is HUGE.   No one was supervising the process servers.   The lowly process server who got paid the same $25 if he was serving (or not serving) a foreclosure complaint on a $50,000 mortgage or a $5,000,000 mortgage.   And now the fate of our entire title insurance industry and in fact our entire economy rests on the truth and veracity of the Affidavits of Service of Process that have been filed by these unregulated, unsupervised process servers.

Have a look at just two initial reports that were produced which provide some insight into this problem.   How in God’s name have courts permitted this many summons to be lost?   How in God’s name have we allowed so many foreclosure lawsuits to proceed based on constructive service?   There are no legitimate answers to these questions.   But then read the very lax requirements that are in place for process servers in this state.

GOD HELP US ALL.

Copy of LostSummonsReport

constructiveService

Now, just have a look at the signatures on these Affidavits of Service.

processserversignatures

processserversignatures1

processserversignatures2

processserversignatures3

Here is just a sampling of what we’re talking about….stay tuned we’re pulling info day and night.   To all of you who are out there working in the process service industry and who read this, please pay attention.   We know what you have done and are continuing to do.   I also know that some of you were not aware what you were doing was wrong and that you got sucked into this.   As discussed,   come in now, come forward now and be part of the solution.   You cannot hide from this.   All the documents are filed in courts and the abuses and fraud will be there for all to see….FOREVER. Remember, if you come in now, you may get immunity from prosecution for all the crimes you’ve committed…..and seriously, why would you want to protect those above you who pocketed all the money and put you at risk?   Just call me or call law enforcement directly.   Let’s work together to start making this right.

For press looking for the next story, this is it and this is bigger and much worse than anything else out there.   If they won’t come forward, go out and find them….It is so easy and the wrongdoing so plain to see.

Florida Statutes 48.021 Process; by whom served.
“”
(1)All process shall be served by the sheriff of the county where the person to be served is found, except initial nonenforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided for in this section or by a certified process server as provided for in ss. 48.2548.31. Civil witness subpoenas may be served by any person authorized by rules of civil procedure.
(2)(a)The sheriff of each county may, in his or her discretion, establish an approved list of natural persons designated as special process servers. The sheriff shall add to such list the names of those natural persons who have met the requirements provided for in this section. Each natural person whose name has been added to the approved list is subject to annual recertification and reappointment by the sheriff. The sheriff shall prescribe an appropriate form for application for appointment. A reasonable fee for the processing of the application shall be charged.
(b)A person applying to become a special process server shall:

1.Be at least 18 years of age.
2.Have no mental or legal disability.
3.Be a permanent resident of the state.
4.Submit to a background investigation that includes the right to obtain and review the criminal record of the applicant.
5.Obtain and file with the application a certificate of good conduct that specifies there is no pending criminal case against the applicant and that there is no record of any felony conviction, nor a record of a misdemeanor involving moral turpitude or dishonesty, with respect to the applicant within the past 5 years.
6.Submit to an examination testing the applicant’s knowledge of the laws and rules regarding the service of process. The content of the examination and the passing grade thereon, and the frequency and the location at which the examination is offered must be prescribed by the sheriff. The examination must be offered at least once annually.
7.Take an oath that the applicant will honestly, diligently, and faithfully exercise the duties of a special process server.
(c)The sheriff may prescribe additional rules and requirements directly related to subparagraphs (b)1.-7. regarding the eligibility of a person to become a special process server or to have his or her name maintained on the list of special process servers.
(d)An applicant who completes the requirements of this section must be designated as a special process server provided that the sheriff of the county has determined that the appointment of special process servers is necessary or desirable. Each special process server must be issued an identification card bearing his or her identification number, printed name, signature and photograph, and an expiration date. Each identification card must be renewable annually upon proof of good standing.
(e)The sheriff shall have the discretion to revoke an appointment at any time that he or she determines a special process server is not fully and properly discharging the duties as a special process server. The sheriff shall institute a program to determine whether the special process servers appointed as provided for in this section are faithfully discharging their duties pursuant to such appointment, and a reasonable fee may be charged for the costs of administering such program.
(3)A special process server appointed in accordance with this section shall be authorized to serve process in only the county in which the sheriff who appointed him or her resides and may charge a reasonable fee for his or her services.
(4)Any special process server shall be disinterested in any process he or she serves; and if the special process server willfully and knowingly executes a false return of service or otherwise violates the oath of office, he or she shall be guilty of a felony of the third degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in Florida

Copy of constructiveService1

Copy-of-LostSummonsReport

2 Comments

  • ForeclosureHamlet says:

    I’ve heard this time and time again. One woman was documented as served at her home in the fall of 2009.

    Problem is that her son is living in his mother’s home while the mother is in a nearby nursing home recovering from a severe stroke she experienced in the spring of 2009. She was not living at home nor did she visit her home in the fall of 2009.

  • litgant says:

    This is one more reason to come up with solutions that are viable and present them to our national legislators who will at some time have to step in and try to clean this mess up. So far everyone wants to complain and rightly so, but they are beginning to love their own personal fight and refuse to see the greater long-term issues that will remain when they leave the court house smiling. When and if they win they will be like so many others and disappear. They will not be on the internet posting. They will not on in the chat rooms trying to learn. They will go away silent forever. The ones who remain, who do not win, who will be forced to live in shelters, under bridges, or in the jungles at our cloverleaf intersections, these will be the hurting ones. The children, who thinks about how they are affected? Who cares? The elderly, the dying, those handicaped, who cares. Get the economy going. Put 400,000 more homes on the auction block to carpetbaggers. This mess is sickening. And to think all have been paid in full for these mortgages by investors. Investors are the ones on the hook. Not the big banks. Not the lenders. The foreclosure plaintiffs represent investors not themselves. They have no real interest in the mortgages. They are acting as trustees for the investors. It is time to attack this whole mess with the investors. But then again we open up why the process servers are so criminal. Look at who they works for. Criminal lawyers, criminal banks, criminal investors, and then add judges who rubber stamp this mess. Ok, let’s go after the process servers and file complaints against them at the local district or states attorney offices. Until we file those complaints there will be no action. Within a month there should be thousands of compaints against these criminal process servers. Put them in jail. Then we may start hearing the beautiful sound of singing. Wouldn’t that sound sweet. Let the jail birds sing….

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