Foreclosure Defense Florida

THIS IS WAR! AND HERE IS HOW TO DISMISS THOUSANDS OF FORECLOSURE CASES!

By September 18, 20106 Comments

FL-supreme-court

The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.

The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.

The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.

The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.

I wanted to write that several times just to drive the point home.   I put it in bold just to try and emphasize the point. Despite the fact that this is absolutely clear and that there is no question about this rule, across the state there are thousands of foreclosure cases that have been filed which completely ignore this rule.

It makes me furious and I cannot understand why our chief judges, why our elected judges, why senior judges continue to grant summary judgment for these cases when the court has the inherent authority to DISMISS THESE CASES FOR FAILURE TO COMPLY WITH THE RULES OF THE COURT.

I understand why the foreclosure mills continue to file complaints that are in direct and flagrant violation of the rules of the Florida Supreme Court, but I cannot understand why our courts   and our press are not all over this issue.

I have petitioned for a hearing to be held here in Pinellas County to ask why this affront to our courts is allowed to continue, but I want to share the motions with everyone once again in the hopes that you will all print them out, tailor them to your cases and share them with your chief   judge.

CHARNESKI-Doc-1

CHARNESKI-MTD-for-Unverified-Supplement1

I am issuing a challenge to any foreclosure mill attorney, any attorney, any judge.   Explain why the reasoning in the memos attached above is incorrect.   And if the memos are not wrong, then why are our judges allowing thousands of these foreclosure cases to continue on the dockets every single day?

THIS IS ARROGANCE AND TYRRANY. THE FORECLOSURE MILLS AND BANKS ARE TRAMPLING ON BASIC RIGHTS   AND LIBERTIES AND IGNORING THE RULE OF LAW.

THEY’RE IGNORING THE SUPREME COURT OF FLORIDA!

THEY’RE IGNORING THE SUPREME COURT OF FLORIDA!

If we are allowing them to get away with this in this forum, what’s next?   Shall we allow them to just kick down the doors of anyone’s home? (They’re already doing that.)   Shall we just toss out the window due process and basic, Constitutional rights? (We’re already doing that.)

I will pay for the transcripts of any hearing where a foreclosure mill defends the fact that they are not verifying complaints.   I am dying to hear the argument against complying with the lawful authority of the Florida Supreme Court….but then who really cares anyway?   What does it matter, it’s only foreclosure?

WHY IS THERE NOT AN UPROAR AMONG THE PRESS, THE GENERAL PUBLIC, ATTORNEYS?   WHERE IS THE SUPREME COURT ON THIS? I mean after all, they passed a rule that is just being ignored….why are they allowing this chaos to occur?


6 Comments

  • ForeclosureHamlet says:

    Matt?

    I have the answers!

    Didn’t you hear about the new Florida Rules of Procedure? They directly address this issue.

    https://www.foreclosurehamlet.org/profiles/blogs/breaking-news-your-input

    Lisa
    ForeclosureHamlet.org

  • 4T5FRYGTU6 says:

    What happens with they provide verification, but the verification is fraud, contrary to evidence in the copy of the mortgage and note that they provide?

  • Debra says:

    Thank you, Matt. I’m in Iowa, not Florida, and this crap is happening all across our country.

    WHY IS THERE NOT AN UPROAR AMONG THE PRESS, THE GENERAL PUBLIC, ATTORNEYS? WHERE IS THE SUPREME COURT ON THIS?

    That’s my question, too. AND, WHAT IS GOING ON?

  • commit11 says:

    The bottom line is they think they are kings, our rulers, and can do anything they want without recourse. They think they are above the law. They think we can’t and won’t do anything about it. The question is will we, and if so, how?

  • chunga85 says:

    Matt, can you weigh in on the filing of “Non-Resident Cost Bonds”? I suspect they are all fake and must be challenged with a Motion to Strike. Plaintiff’s atty cannot act as surety I believe pursuant to F.S. 570.11. Thanks for everything you do!

  • DSchiar says:

    Matt: Please answer me this. If the lawyer who is handling the foreclosure has made up an an assignment signed by a Vice President of Mers who is an employee of the bank that claims they own the note, would that be a conflict of interest. I think so! What do you think?

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