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Foreclosure Defense Florida

The Florida Senate Report on Foreclosures- Hostile to Consumers, Give The Banks What They Want

florida-senateI spent a great deal of time reading the attached report from the Florida Senate.   Remember, the Florida Senate is supposed to represent the People of The State of Florida.

Now perhaps I’m not giving this document a fair read, but I want each and every one of you to read this report and please share with me your comments and observations.   Does this document fairly and evenly describe all the issues surrounding foreclosure in a way that suggests the Florida Senate is looking for an equitable and just way to deal with the foreclosure crisis or does this document reflect a desire on the part of the Florida Senate to bail out the banking industry in Florida?

Read the document carefully. Read the document with critical analysis. Then provide feedback to me regarding your observations.

senateforeclosure

 

7 Comments

  • learning2 says:

    ‘Based on the research and findings presented in this report, there are approaches the Legislature may consider if it wishes to enact policy in this area, recognizing that some of the approaches may face challenges to obtain consensus among the diverse stakeholders affected by mortgage foreclosure.’

    This quote from page 17 leads me to conclude the Report was requested by the Senate to assist them in helping their lobbyists and donors in finding a better method of insuring their crony capitalist buddies make out better in the future. However, the cat-is-out-of-the-bag: these crony capitalists have had extensive bailouts and access to exclusive products on the backs of The People, at the expense of The People, which are just becoming know to the Public, finally, through MSM (Main Street Media). Videos of Corzine’s testimony should be plastered everywhere, especially the testimony of other Agencies following his testimony – great statements about what has and has not been done so far!

    On page 18, ‘The current process provides litigating parties notice and opportunity before a neutral decision maker to settle disputes, and a means for the borrower to assert defenses to foreclosure before acceleration of the mortgage.’ WHAT A JOKE!

    No where in this Report are the actions of Judges over the past few years been considered. Where are the studies of cases which are over turned, reopened, thrown out, etc. What are the reasons, causes and stipulations for these cases to be brought up again? Where are the FACTS? Where is the DATA?

    For example, within the required timeline, I filed a Motion to Dismiss based on the fact that the Lender filing a Lis Pendus against me was not named on the Mortgage or Note which they filed and they stated was the ‘original’ in their filing (another lie), nor was there any Allonge, Assignment or Lost Note. Of course this was filed after the new law requiring Verification (what a joke – no title, no office and no contact info for the person who signed the verification!)…

    I for one await eagerly to hear back from this Lender regarding all my Answers, and, if I lose in Court, I look forward to bringing my case back to Court. Though I asked my attorney for a Jury trial he didn’t follow up on that with me, hopefully I will get a Jury in the next phase (though my attorney hasn’t returned calls or emails since August of this year…).

    For me, this Report: is more waste of tax payer money, and I think this report is intended to assist the Representative (?) Elected Government of The People to find methods to Assist the Corporations and TPTB (The Powers That Be) to Screw The People Additionally with MORE FORCE THAN EVER BEFORE.

  • J. Lang says:

    Matt:

    1) Who wrote the report? Mortgage Bankers Assoc.?

    2) Not a mention of activities in other “Pro-Citizen” states, NY, ME, MA, CA, DE, NV,

    3) Mediation – JOKE!!

    4) Pino – This case concerns me now because of all the backroom deals in Florida. We already know how the three disenting justices will rule, right?? They’re such tight bankster buddies, they didn’t even want to get their hands dirty with this one.

    The toughest part of this issue will be that most borrowrers are current on their mortgages and therefore don’t really care about this issue. In fact the politicians will spin it such that they will lead the folks to believe their neighborhoods could stabilize sooner if they get this through.

    I was glad to see that the Dodd-Frank bill could present them with some issues.

    On a side note I emailed Mass. Attorney General, Martha Coakley yesterday afternoon, thanking her and her staff for standing up for the folks against the 5 large national banks, and specifically for referring GMAC / Ally to CON gress for investigations & hearings. I got a thank you reply email @ 5:30PM, Nice.

    I encourage everyone on these blogs to please communicate your feelings to these brave leaders as Matt suggests here.

    I also encourage everyone to begin thinking about solutions to this mess.. Lets begin a diologue on Matt’s site to begin to clean up this mess..

  • Attorney Wendy Aliison Nora says:

    I am gratified to see the high level of understanding of the frauds committed by the “banksters” (which is what my retired, medical school professor father who appeared at Occupy Denver in his WWII leuitenant’s cap) expressed in the responses above. This site is an excellent suggestion for having a diaglogue on solutions to this mess. I have followed Matt’s site for over a year. I was doing research right along with all of you, informing myself and using the information I learned here and from links gleaned from this site to represent my clients in Wisconsin and Minnesota. The hostility of the courts to homeowners issue is like our frigid winters, but there are a few signs of light in the courts, only because of the work by lawyers like Matt, Ice Legal, Theresa Clark and June Edwards, Lynn Symoniak, April Charney, Max Gardener and Thomas Cox, resources like 4closurefraud and living lies, and my previous background in fighting the counterfeit money of the Federal Land Bank and Production Credit Association in the Farm Crisis of the 1980s was I able to get up to speed on the legal issues which my farmer clients predicted would hit consumers in 20 years. It was exactly 20 years after the prediction was given in 1988.
    One of my farmer clients was beaten so badly that he was hospitalized for 8 days, under orders of South Dakota Governor Bill Janklow to “take him out with the maximum amount of force” (yes, he said “maximum” five times on the deposition transcript.)
    Before that, I had no interest in money or banking. But when a man is nearly killed during the service of civil foreclosure process, while not in default (commercial loan: the bank “deemed” itself “insecure”) there had to be more to the story. And there was. My client, Byron Dale (google him and buy his book which explains the US monetary system) was speaking to the South Dakota press about debt-based money, while Bill Janklow was wooing Citibank to come to South Dakota (no corporate taxes.) Byron had to be silenced. But he lived. Having never missed a payment, he lost his 640 Acre ranch but went on to educate others about the counterfeit (private) debt-based currency created by the unconstitutional private banking system via the Federal Reserve Banks. He also explained fractional reserve banking to me. At that time, almost everyone thought that the Federal Reserve Banks were US government institutions and that we were being loaned green pieces of paper (fiat currency) on par with the checks we were given. I worked on my PhD in law and economics for a spell and had a fellowship under which I studied the federal reserve system. In 1990, the M1 money supply (then described as “legal tender”) existed at .05% of the public and private debt. Yes, you read that correctly–not 5%, but .05%. That was 20 years ago. The Fed is not printing green pieces of paper designated as US dollars, it is issuing bookkeeping entries of credit in bank computers denominated as dollars and, according to the US General Accounting Office (GAO) report on the “audit the fed” provisions of Dodd-Frank, has issued 16 TRILLION “Dollars” (yes, you read that correctly, too) to national and international banks and corporations since 2008 alone. This has crashed the value of the dollar and has, to date, enslaved this nation to the banks.
    You will note that I call banks by their proper name. That is because I am a lawyer who cannot use the word “bankster” in court and so I never use it. My father keeps correcting me, but I still won’t use the term bankster. It might slip off my tongue in a court hearing if I even pronounced it once or twice out loud.
    You see, I was suspended, along with every lawyer I knew who was defending farmers in the Farm Crisis (except for those who were disbarred.) You can read the pretext they used by searching the Minnesota Supreme Court 1990 case under my disciplinary proceedings, but the back story was that I was arguing that, since the Federal Land Bank loaned my clients a promissory note in the form of a check for their mortgage (which was never paid in legal tender) we could pay the mortgage with a new promissory note. This was ancient common law called “payment in kind.” If I loan you an envelope, you owe me an envelope. I haven’t checked to see if that law has been changed by the courts because I would not make that argument again. The shoe is on the bankers’ feet now. They cannot even produce the promissory note payable to the party trying to foreclose without robosigning an endorsement in blank or creating a number of file stamped endorsements to entities which were never the trustees of the trust (I guess the research to commit that fraud was too challenging) and the ever popular allonge which appears despite room on the face of the copy of the original note, executed by a signature stamp of a lower level clerical employee claiming to be Vice President of MERS and attorney in fact for the original lender (which often has ceased to exist or has declared bankruptcy and is barred from alienating its assets–the promissory notes.)
    Because the Federal Reserve Banks are private, here is my proposed solution. Before we are all taken off to the FEMA camps prepared for when too many people get upset by the fact that they have worked all their lives to pay interest to the banks and taxes to pay interest to the Federal Reserve Bank, which sells our future tax liability as “full faith and credit of the USA” in the form of Treasury bonds. I am prepared to collaborate to sue the Federal Reserve Banks of New York, Boston, Cleveland, Denver, Minneapolis, San Francisco, etc. (There are 12 regional banks.) Their shareholders are the very TBTF banks who used their own fraud to consolidate power via TARP.
    Count Ally as a new bank for which the holding company, Ally Financial was created entirely with TARP capital. This is the current name of parent of GMAC Mortgage, Residential Funding Company and several other subsidiaries used depending on how deeply your particular loan is buried under LLCs. Count Goldman Sachs which became a bank holding company to be funded by TARP. Count Bank of New York Mellon, a perennial trustee of unfunded trust, which is paid to administer TARP funds. Count BofA, a major TARP recipient to fund the takeover of the Countrywide fraud. Count Wells Fargo and its international owner or partner (haven’t done the discovery yet) Deutsche Bank. Count Deutsche Bank itself, sham trustee of unfunded trusts. Count Citibank. Count Chase and Wachovia. The players are all in the secretive Federal Reserve Banks as shareholders.
    If no one wants to take me up on this challenge (I cannot do this alone and without mass joinder funding) then let me make one offer which I can do alone. Anyone with a GMAC Mortgage or Residential Funding Company foreclosure and an Amy Nelson allonge, I already have a lawsuit pending into which you might want to become a Plaintiff. Also, I have clients and other lawyers looking for others to join against BofA in a joint action. I am trying to develop a Fannie Mae multiple party case as well. I am just one lawyer and can only offer to collaborate, except in the specific Ally Bank/GMAC/Residential Funding/Amy Nelson allonge case, in which case I am the Plaintiff, so you would have to bring your own lawyer (I know of 2 lawyers in Wisconsin who might be interested.) The case is venued in Wisconsin, so the pleading would have to be by intervention.
    This is my initial contribution to the dialogue wisely suggested by
    J. Lang.
    There are a number of lawyers who have stood up to the greatest financial fraud ever perpetrated on this planet, but we are always in danger of being silenced through disciplinary proceedings. When I was suspended in Minnesota in 1990, a Harvard law grad of about my same age then (late 30s) took an interest in my ongoing cases and was flatly told preemptively that if he made the same argument (payment in kind)that I was making, he would be disbarred.
    To this day I believe I would have gone to prison for an act of civil disobedience in reopening a closed bank through its previous board of directors and issuing cashier’s checks to pay off farmers mortgages, if the argument had not been as strong as it was and if I had not been the single mother of two minor boys, who would have been a burden on the welfare system if I were sent away then.
    Now I am a grandmother and they can to with me what they will where incarceration is concerned, but as long as I have my license to practice law, I will stand up to these monsters who are stealing this nation’s wealth and that of the entire world–for the sake of my grandchildren and descendants yet unborn and for all of our children, grandchildren and descendants.
    It is my opinion that the NWO (New World Order) gang got impatient and starting rushing its plan to fruition (trying to crash Europe with phoney American mortgage trust beneficial interests) and would have succeeded, except for the fatal flaw in the plan–Mortgage Electronic Registrations Systems, Inc. as their front, necessitating the continuing robosigning.
    Special thanks also to all the homeowners who took a stand against this fraud and state AGs Beau Biden (DE), Catherine Cortez Mastro (NV) and Martha Coakley (MA.) Advance credit to CA AG Kamala Harris for joining with NV AG Mastro.
    We must occupy the planet with our knowledge.
    Occupy the Courts! Occupy Everywhere!

  • Priscilla says:

    We have a case where Amy Nelson serves as Asst. VP on Residential Funding’s purported allonge. Do you have any case law that we could cross reference on this Amy Nelson in our MTD?

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