Foreclosure Defense Florida

The Begining of Challenges to Service of Process in Foreclosure Cases

foreclosure-vacateHere is just one of the challenges to Service of Process that will begin to flush through the sewer that is the entire foreclosure process.   Forget about the issues regarding Affidavits (not really, but since BofA says, they’re all fixed [no problem here folks, just keep moving along]….they must be fixed….right?)   Anywhoo, the issues relating to Service of Process are the big, big hairy issues that are next to explode.   Exactly how are we going to fix these things people?

DECINTI – Mt to Vacate

Florida Statute on Service of Process

One Comment

  • litgant says:

    Matt I can see the process server fraud. This is a new issue to come to the front soon. I have the following ideas to bring some resolution to this crisis:

    In the midst of the fight to save our homes from foreclosure, we must begin developing just demands for our elected legislators to consider. If we the people do not make demands on the US Congress, our legislators will act on the demands of banks and Wall Street fat cats. Obama should take charge and bring quick resolution or we should consider his inaction a challenge to VOTE HIM OUT. We must make just demands and proposals. Silly and ridiculous ideas for making a joke of this serious situation should not be considered.

    Here is what I propose:

    1.) An immediate halt to all foreclosures.

    2.) An immediate reduction of all mortgage loans for everyone in America (those in default and those not), to the present value of the property;

    3.) Banks who do this will be exempt from all litigation in regard to fraudulent documents.

    4.) Banks will refinance all such written down mortgages at 6% interest.

    5.) All who accept a written down plan would agree not to bring any action against the original lender or any holder in due course.

    6.) A property owner would agree to create all necessary new documents to replace old ones. Thus ending all legal actions of holders in due course arguments.

    7.) Banks would agree to remove all negative credit reportings and those agencies recording such would expunge them from their records.

    8.) Any person who walked away from their homes and allowed them to go into foreclosure, where a summary judgment and sale have occurred are exempted from this plan.

    9.) There will be a five year sunset on all rights to bring action in regard to land titles on already foreclosed properties.

    10.) Attorney for land owner shall presented to the court a stipulation with the plaintiff that land owner will pay into the trust account of the defendant’s attorney the agreed upon monthly payments of PITI until all new loan documents are finalized. The attorney shall receive payment of 3% of the payment amount for temporary 90 day servicing.

    11.) After five years there shall be no claims presented to the court alleging fraud by any person.

    12.) All securitized trusts will be immediately closed after all mortgages in them have been refinanced.

    13.) There will be no more securitized trusts related to residential properties without approval of new federal and state regulations.

    14.) Any and all rob-signers of fraudulent affidavits, assignments, allonges, endorsements, complaints, motions, shall be forgiven and no criminal charges brought against them.

    15.) The sequence of write downs will be from the oldest defaults to the newest.

    16.) In the event the write down mortgage payment of PITI is greater than a home owner can afford (such as those since foreclosure was filed began collecting social security or is on limited income), the mortgage payment shall not exceed 33% of their verifiable gross monthly income.

    17.) Those who have paid their mortgages will have them reduced to the value of the property.

    18.) These conditions apply only to single family residential properties. All investment properties of whatever description shall not be elligble.

    19.) The debt wiped out by this action shall be offset by the forgiveness of 60 millon fraudulent documents used in foreclosures which bear civil fines of $15,000 for each violation.

    20.) All claims under unfair trade practices rules and or laws in relationship to those properties affected shall be deemed moot.

    Other good ideas are appreciated.

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