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Foreclosure Defense Florida

SUPREME COURT SMACKDOWN! THE FORECLOSURE MILLS STILL TELL THE SUPREME COURT THEY DON’T CARE ABOUT THEIR STINKIN’ RULES

What if the Florida Supreme Court issued a Rule and lawyers ignored it?   We’ll find out now that things are explicitly clear.   You see, the Millionaire Foreclosure Mills have been ignoring the rule, based on a patently absurd and completely without merit argument that the Rule was not final (forget that it is titled “Final Rule”).

You don’t need to be a lawyer to read the Rule and understand that their willful failure to follow the rule based on an argument that had ABSOLUTELY NO MERIT WHATSOEVER. It makes me furious that this argument was being picked up by news media and even some judges. (See Sarasota Tribune article here.)

So now that things are 100% totally, crystal clear are courts going to

START ENFORCING THE LAWS OF THE FLORIDA SUPREME COURT?

Read the Order Denying re-hearing here:

Florida Supreme Court DENIES Foreclosure Mill

Read the text of the rule below.   I challenge anyone to come up with a legitimate explanation of how the verification requirement could be interpreted by anyone with a 8th grade education, much less a legal education, in any way other than the rule says what it says and it is effective February 11, 2010.

supremecourtrule

So what about the tens of thousands of cases filed by the Millionaire Mills in willful violation of the rules of the Florida Supreme Court?   Well, have a little looksie at this Rule and apply it to this situation:

Florida Rules of Civil Procedure 1.420

(b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication on the merits.

BUT HERE’S WHERE IT GETS GOOD:

(d) Costs. Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action. If a party who has once dismissed a claim in any court of this state commences an action based upon or including the same claim against the same adverse party, the court shall make such order for the payment of costs of the claim previously dismissed as it may deem proper and shall stay the proceedings in the action until the party seeking affirmative relief has complied with the order.

So let’s get out there and get those cases and help the Millionaire Mills give a little something back to our court system with new filing fees, and give something back to consumers when they are forced to pay attorney’s fees to dismiss cases that should never have been filed.

9 Comments

  • J.R. Homeowner says:

    Here we have been given some valuable lessons on how to be “Hoist on Your Own Petard” before the Florida Supreme Court:

    BEN-EZRA & KATZ, P.A.’S OBJECTION TO THE PROPOSED AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE AND FORMS FOR USE WITH THE RULES OF CIVIL PROCEDURE SUBMITTED BY THE SUPREME COURT’S TASK FORCE ON RESIDENTIAL MORTGAGE FORECLOSURE CASES

    https://www.floridasupremecourt.org/pub_info/summaries/briefs/09/09-1460/Filed_10-01-2009_Comment_Ben-Ezra.pdf

    Lesson 1:
    Tell the Supreme Court that it’s biased and hasn’t done it job.

    ” However, as it turns out, the concern with results of the Task Force’s efforts is less its lack of balance than the fact that is has not fulfilled its mandate in any respect.”

    Lesson 2:
    Complain that you might have to do a little more work for the huge profits you get from the Banks.

    ” If implemented they will increase the amount of work required…”

    Lesson 3:
    Threaten to INCREASE the workload of the Florida Courts if they don’t see things your way.

    ” They will increase litigation and will increase costs of foreclosure”¦”

    Lesson 4:
    Insult the Supreme Court.

    ” A. The requirement that foreclosure complaints be verified is an EMPTY GESTURE that adds no meaningful protection to foreclosure defendants.”
    (emphasis mine)

    Lesson 5:
    Insult members of the Florida Bar, (while again indirectly insulting the Supreme Court and it’s own task force..)

    ” This is a red herring issue created by the mortgage defense bar and should not be an issue in any foreclosure case”¦”

    Now that school is out, how far are you “mill lizards” willing to go to be sanctioned, fined and, (hopefully), held in contempt of court?

  • TheProtester says:

    Thanks for getting the story out Matt. What’s your take on anyone who has been defaulted with an unsworn complaint?

  • stopGOVTwaste says:

    Sloppiness is WAY DIFFERENT than FRAUD… let’s call it what it is shall we?

  • timbr9 says:

    this is for stopGOVTwaste , your one single statement made me so mad I had to creat a log in and let you know, that you are plain and simple, just as much as a crook as the bankste frauds. I have spent hudreds of hours reading about this mess and have read real court cases. If your standing is that its just sloppy paperwork, youneed to do some more research yourself. I can maybe agree with you that its just sloppy paperwork if thats what it was, maybe the fraudsters really had our best intrest in mind when they scammed the investors by selling them securities that were worthless from the time they signed them over and they knew that, that has been prooven time and time again. If not why would they have bet against the same product they just sold to your sister. It has been fraud since DAY ONE, now they continue to defraud the courts with fraudalent assignments and numerous other fraudulent documents to complete the full circle of raping and pillaging our economy so a select few can go buy an ilsand somewhere and live is his bajillions of dollars while we have 70 yr olds working at mcdonalds. Get a clue, If it were not for amazing Lawyers like Matt Weidner and Ice Law Firm and many many others, they would take everything american have worked for decades to have. Now since this fraud has taken such a big bite out of our very existance in this world, we dontevn have enough money to keep art and sports in our schools. Im a local business owner In Palm Beach and I have two fantastic employees that were laid off from there jobs as PE teacher and a Art teacher, this pisses me off to no avail. Anyone over the age of 25 had the chance to go to school and learn something and have a chance to become sucessful, Extras like art and PE make the day of school more exciting and teaches many life lessons our children need to make it in this world, i say sanction the hell out of all these supposed messy paperwork plantiffs to the max of the law, I say raise forclosure filings ten fold, i say do whatever we have to do to tilt this economy back in the right direction, to the people, not big bank thats only intrest is to die with the most toys while people suffer. I dont know how any person with a 8th grade or higher education ould come on a website like Matt ildners and make a statement to it being justr sloppy paperwork, Your in insult to every american and obviusly the Supreme Court. I dont think the Florida Supreme Court excepted that answer either as Katz tried to basically ask the court to let them continue breaking the law. i was dumfounded when i read what they said to the court. They should be disbarred, thay actually think its ok to break the law if its ion there favor. I say sanction any of them that try any more shady filings period, Start putting them in jail for it and strip them of there licences and see the tunes start to chance. The bank needs to wake up and write this all off and take the loss or should I say they should be happy with being paid 9 times for that loan instead of the 10th and final time. I am sick to my stomach that the florida legislotor is getting big payment from these people to push forclosures through. Its one enormous gigantic Racketering case, who is going to be the Erin Brockavich of this mess, who is going to be a leader in the fight, who is going to expose all of this wrong doing, who is going to be the next hero in our judicial system and beat these mafia style thugs down like they need to be. i wish i had just 5 minutes with anyone of those fraudsters. Now to leave on a good note. We dont want our houses for free, and I would argue that the majority of us have paid hundreds of thousands in intrest alone, so this is no complete loss to the banks, I also would argue they have been paid many times over as you will find if you actually did some research, other then saying its just sloppy paperwork. If i could talk to someone who really is the true owner to my note, then we could negotiate a fair and equitable solution, but as you will research more you will find thats next to impossible to obtain, so my question to you is what are we homeowners supposed to do? are we supposed to say ” well becasue xyz company did some sloppy paperwork, I dont have a chance to negotiate a deal with my lender, but man that sucks, i couldnt talk to anyone but all of a sudden they have someone that can forclose my property” ” Hold on Im confused, you just told me for the last 12mo that you cant tell me who my lender is and you dont have authority to negotiate.” now this person is in the court room forclosing” any person should be able to smell fraud. I want you to know I refrained from saying what i wanted to really say to you, but bottom line, do more research and actually state your case, no where do you explain why you think its just sloppy paperwork, thats about as bad as Katz letter to the supreme court, absolutly makes no sence whatsoever.

    • jesse says:

      I have to agree with most of what you said but everyone seems to be overlooking the blatant facts that are in you faces.

      If the tax payers paid the bill for the banks to keep their doors open why should we lose our homes to the very same banks we keep paying to keep in business? Is this not dictatorship?

      The American people need to wake up and get out of the “me” syndrome that their in. Is it obvious that the entire system is against the people? Is it not obvious to America that the system has pledged our great grandchildren ‘s future labor to pay the banks and help the banks throw Americans out on the streets now? The system itself is a form of slavery whether you like it or not, its very obvious on its face.

      Is it not obvious to Americans that the only reason that the banksters get away with this is the judges themselves? They are nothing but debt collectors for the banks.

      If the judges just threw the banksters out and turned the favoritism to the people and not against as is the case the banksters, they banksters could not get away with it….period!

      If the judges would hold the banksters as accountable as the people then they would never get a foreclosure summary in their favor.

      Ask yourselves the question, if I did not get the results I should have gotten, what other option do I have? The appellate court, they are part of the same system. The Supreme Court, they are part of the same system. You have no choices, it always fall back on the same system.

      The same system that the banks give millions to be on their side! So, if I don’t like the fruit at Public’s I go to Wynn Dixie, you have choice. With our system, you have no choice, the banksters fund and run the whole thing.

      Just look at the Bar Association, judges and attorney must belong. Well if I have a problem with a judge in circuit court I have to turn to another one of their brother to file a complaint. Wow this makes sense, there is no preferential treatment or bias there is there?

      Even our defense attorneys are officers of the courts and part of the same system. Thank God for the few like Matt that actually fight back, but they are still limited in their behavior or they get booted from the bar.

      Our system is flawed beyond repair and its just like a hamster in a wheel, run all you want but you still get no where.

      We have no choices, it meant to be that way, slaves have no option but to obey the plantation owner….Period!

      If you understand GAAP and actually read it, pay attention to 1231 and you will see banks cant lend credit. “There is no doubt but what the law is that a national bank cannot lend its credit or become an accommodation endorser.” National Bank of Commerce v. Atkinson, 55 F. 465; (1893).

      In Howard & Foster Co. vs. Citizens National Bank, 133 S.C. 202, 130 S.E. 758 (1926), it was stated, “It has been settled beyond controversy that a national bank, under Federal law, being limited in its power and capacity, cannot lend its credit by nor guarantee the debt of another. All such contracts being entered into by its officers are ultra vires and not binding upon the corporation.” It is unlawful for banks to loan their deposits.

      So you must realize that they lent you nothing and if you just read Modern Day Mechanics and look up Walker Todd’s affidavits online, who worked for the FEDS as council you will see they lent you nothing and risked nothing. Hard to absorb but true.

      You and the uneducated investors are the only one who risks anything in any loan. But bring it into court and the judges refuse to hear the argument because its not in the public’s best interest to know we are the source of all monies. It would collapse their monopoly and strong hold on us.

      The word mortgage itself translates to death pledge.

      Enough said.

    • stopGOVTwaste says:

      *maybe this will put your mind at ease…
      foreclosurehamlet.org/profile/stopGOVTwaste

  • J.R. Homeowner says:

    Not to rain all over your eloquent, (and lengthly), rant “timbr9”, but I think you might want to re-read “stopGOVTwaste’s” comment, and then in the best tradition of “Miss Emily Litella” for the old Saturday Night Live skit, simply say, “Nevermind”… 🙂

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