The wave of foreclosures breaking across this country represents, both in scope and in dollar value, the largest and most blatant con in the history of the world. Never before has so much wealth been transferred with so little evidence to support the transfer….and due to more abuses of the court process, the faulty “evidence” being admitted to support the transfer is disappearing.
We all know that alleged evidences of ownership of notes and mortgages is being fabricated in law firms and document mills across the country. (Search my blog for depositions of Angela Nolan, Erika Johnson Seck, Jeffrey Stephan) The one piece of evidence that is the flimsiest is the endorsement or allonge on the original note that a Plaintiff would submit to the court in support of Final Judgment of Foreclosure. There is so little information on the standard endorsement that everyone is suspect…no date, can’t read signature, signature from bankrupt corporation, no corporate authority to transfer.
After a judgment is rendered based on the flawed promissory note, the court is supposed to retain the original promissory note….
it is in violation of Rule of Judicial Administration 2.430(f)(2) which requires that the clerk retain all exhibits until 90 days after the judgment becomes final, which means after a final judgment is entered and the time for appeal has expired or an appeal has been taken and disposed of. The clerk has no authority to release exhibits to the parties prior to that time. Otherwise, should an appeal be filed the appellate court would not have access to exhibits.
Moreover, in the case of original mortgages and promissory notes, they are not merely exhibits but instruments which must be surrendered prior to the issuance of a judgment. The judgment takes the place of the promissory note. Surrendering the note is essential so that it cannot thereafter be negotiated. See Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726 (Fla. 5th DCA 2004). The judgment cancels the note. The clerk cannot return these instruments to the parties.
JOHNSTON, v. HUDLETT, No. 4D08-4636 [March 31, 2010]
Unfortunately, this important part of the law is not being followed in courtrooms across the state. Clerks and judges are returning the evidence to the bad actors who are committing the fraud. It’s just another example of the breakdown that is occurring and it will make it very difficult to undo or document the fraud in the years to come. The case attached here was an appeal from a foreclosure in Broward County, Florida and was just released yesterday. The case reminds us all to make proper objections to every piece of evidence and to make sure a court reporter is present for all summary judgment hearings….I think the presence of a court reporter makes it far less likely that a summary judgment will be granted in most cases.
Thanks to the superstars at Icelaw…Florida’s Superstar Foreclosure Fraud Fighters!