Foreclosure Defense Florida

The MERS Mortgage Twilight Zone- Judges Not Afraid to Do What’s Right

mers-twilight-zoneNew York trial court judges Arthur Schack and Jeffrey Spinner have received international attention for their “courageous” opinions denying foreclosure to banks when the banks present absurd foreclosure cases in front of them and demand judgment.

The really absurd thing about all the attention these judges have gotten is that there isn’t anything courageous about the opinions at all.   Not to diminish at all the good work of these judges and the other judges that are actually challenging the absurd standards of the foreclosure mills–because they really are acting courageously–the point is that opinions like the ones they get attention for could be written by every single circuit court judge in this state if the judges would take a deep breath, step back from their courtrooms and really think about what they are doing.

Sometimes we all need to take a step back and view our world and our work from a different perspective. I implore each of you to read the attached MERS Mortgage Twilight Zone opinion.   Print this opinion out and share it with every judge you come in front of.   Share the opinion with the new senior judges.

They may scoff and disregard you at first, but you’re not seeking a “kill” right there.   You may not convince that judge to change his or her perspective on the spot, but I am convinced that if the judges take this opinion home and read it not in the pressured environment of their courtrooms, but in the quiet space of their homes, they will start to see absurdity playing out in their courtrooms.   I’ve learned how important it is to share my work with my significant other and with folks who are not immersed in this world.     Recognition is the first step.   Solutions come next.   Read the opinion in its entirety and think about how it applies directly to each of the cases you find yourself involved in…




  • ForeclosureHamlet says:

    The attorney mentioned in the Shack opinion Elpiniki Bechakas, of foreclosure mill Steven Baum in NY also has her hand in FL assignments of mortgage so keep your eyes peeled.

    Here’s an example filed in St. Lucie County official land records:


  • taylorbrad says:

    I am here in Atlanta and have my house set for non judicial foreclosure in accordance with Georgia procedure. It was originally made by Option One but advertised during March in the name of Deutsche Bank as Trustee for a Soundview Securitized Trust. When I pointed out then that they had no such assignment into Deutsche Bank or endorsements, etc they called off the April foreclusre. Then they recorded an assignment into Deutsche Bank from Option One (without a year specified for execution) to Deutsche Bank supposedly notarized in Florida
    . So they rerun the foreclosure ad this month for August 5 foreclosure but this time the ad is in the name of Wells Fargo as Trustee for a different securitized trust. The lender to foreclose now running the ad doesn’t hold the loan even basd on filed assignments! What I am contemplating doing is letting Wells Fargo “foreclose”” under a loan they do not hold, and then sue them for wrongful foreclsoure and damges. What does anyone think? Also, I can’t find any Georgia lawyers who do as good work as Matt and others do in Florida . Any suggestions? Thanks

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