Foreclosure Defense Florida

Thousands of Foreclosure Judgments Are VOID (But Courts Will Receive Millions in Additional Funding For This Problem!)

A constant theme I hammer on in this blog is that this wave of foreclosures is making a mess of our judicial system. In a perceived need to rush through the foreclosure “crisis“, (a crisis created by the parties who are demanding an unreasonable share of scare judicial resources), the lenders and their Millionaire Foreclosure Mills are ignoring long-established rules of professional ethics. They’re ignoring basic rules of evidence and case law.   They’re engaged in a pattern and practice presenting at best questionable evidence and more likely of systematically lying to judges all across this country by adopting practices to create evidence which is not legitimate.   They can apparently just ignore the rules and laws of the Supreme Court of Florida.

The Millionaire Mills Cannot Ignore the Title Insurance Claims That Will Start Rolling in Based on The Issues Contained Within This Post.

Our elected judges have been given an impossible task as thousands and thousands of cases are dumped on their laps but they’re given no additional support to move things along or to ensure the job is being done correctly.   It pains me to see the additional pressures being placed on their staff as they scramble to meet the onslaught.   Who benefits from all this?

THE FAT CAT BANKERS AND THE MILLIONAIRE FORECLOSURE MILLS- My courts have become something that resembles a sloppy fast food restaurant all so that the Millionaire Foreclosure Mill attorneys   can buy themselves a few more Ferraris, (apparently that’s the car of choice).My underfunded and underpaid court staffs drop everything to scheduled telephone hearings, sort through missing and misfiled paperwork, manage the Mill’s foreclosure docket as part of a concerted effort to move the docket through for the mills.   The files that are being pushed through are a disaster.   Lurking within many of these files are title problems and legal claims that will be getting sorted out for years to come.   Some of these problems are only potential problems…..litigating them and proving them out will take years and frankly they may not be litigated at all.   Other claims (such as those from third party creditors) will be deemed to questionable to carry out so they will be ignored.

THERE IS ONE CATEGORY OF CLAIMS THAT CANNOT BE IGNORED-

THOUSANDS OF FORECLOSURES THAT HAVE BEEN PUSHED THROUGH BY THE MILLS AFTER THE COURT HAS ALREADY DISMISSED THE CASE!

I attach here the Motion I filed which details the issue.   I’ve been sitting on it for a while, continuing to do research, meeting with other attorneys and discussing the issues with different title insurance underwriters.   NOT A SINGLE ATTORNEY HAS DISPUTED THE FACTS CONTAINED WITHIN THE MEMO.   We’re arguing over what the impact of this issue is, but one thing is certain.

THERE IS A MASSIVE HEAP OF FORECLOSURE JUDGMENTS AND FAILED TITLES TO REAL PROPERTY IN PINELLAS COUNTY IN PARTICULAR

I don’t know what’s happening in other counties, but the court docket in Pinellas is full of these sorts of cases.   I am searching for the cases now, and encourage any of you pro-se people and attorneys out there who are researching dockets to pay real attention to this one and forward examples to me.   Keep in mind that this problem was caused by the Plaintiff’s firms themselves.   They jammed these cases through.   They created Affidavits in Support of Summary Judgment where they swore to the Court that there were no issues of law or fact that prevented the court from entering judgment.   They were either careless, reckless or thought they could just get away with it. They cannot and here are just some of the consequences of this problem:

  • Thousands of people who think the lost their homes have not lost their homes. (They are still the equitable/legal title owners of the property,)
  • The Final Judgment of Foreclosure that granted the foreclosure sale is not Final, it’s Void. (That means is has no force or effect.)
  • Second mortgage holders or lienholders who thought they were wiped out through the foreclosure are now attached to the subject property. (Some will take higher priority based on fraud and problems with the first.)
  • Property owners who think they own a home they bought REO or at a foreclosure sale, are holding worthless title. (Get read for big claims on the title insurors.
  • Thousands of “active” cases that are sitting on the Pinellas County foreclosure docket are dead, they’re dismissed.   The court can take no further action on them.   Show the docket cleared, move on to new cases.
  • The Pinellas County Courts will receive hundreds of thousands of dollars in new filing fees if the Plaintiffs do in fact re-file their cases in order to correct the problems they’ve caused.
  • Many of the questionable “legal” strategies employed by the Plaintff’s   firms in the beginning of the wave are going to be re-examined and found improper.
  • Much of the improper evidence and questionable documents that were submitted in the early stages of the wave will be examined (for the first time) and appropriate action can be taken to sanction the improper conduct evidenced by the introduction of such evidence.

Attorneys   and advocates, examine your cases.   All of you other people out there, particularly you bright legal scholars….pick this Motion apart and please post any critiques of this Motion here publicly.   The Motion is posted here below…..please read it and let me know what you think….the tide has definitely turned…..

Weidner Note

mtd1.070

28 Comments

  • David Acosta says:

    The issue of void foreclosure judgments is serious and a ticking time bomb that will impact nearly every circuit in Florida. Today I am working on an audit of yet another foreclosure case that went all the way to summary judgment but where the final judgment is defectively void. The attorney asked me to conduct my normal post-judgment audit to see if the plaintiff and the court followed the proper procedure, and whether the evidence supports the judgment. Each one of these audits I have done has revealed errors serious enough to stop the sale, vacate the judgment or support appeal. Every homeowner on whose case I have worked on, post-judgment, remains in their home. Why? Because the defects in the process were impossible to ignore and the judges either did the right thing, and set aside the sale or vacated the judgment, or the plaintiff’s attorneys got spooked and remain paralyzed. A judgment that NOT on solid ground can lead to some very serious repercussions for lenders and their counsel.

    I have drafted motions for counsel that are laser focused on both substantive and procedural arguments difficult for the court to overlook in considering vacating judgment or setting aside the sale. Just last month I conducted an audit and prepared a motion for an attorney whose client had just received an eviction notice to vacate and had only 48 hours left. The judge recognized the defect right away, set aside the sale and vacated the judgment. But when the court fails to act appropriately it unwittingly participates in the fraud – which judges have no interest in. Nonetheless, the overworked judges and their support staff are drawn into the foreclosing plaintiff’s web of deceit and without an opportunity for engaging in meaningful review they routinely enter judgment for the plaintiff. The fat cat banker’s lawyers are to blame for doing this to our courts.

    Every attorney that has worked with me knows how conservative I am in both the analysis and in preparing arguments. There is little to gain from putting something before the court that is not on solid ground. It’s just better practice to do it right. Having said that, I find that nearly all of the foreclosure files I audit have serious jurisdictional defects that support Matt Weidner’s conclusion about void judgments. Other judgments are voidable, and there is a big difference between these two standards. It is worth researching and understanding this before launching an attack on a judgment belived to be void.

    Anyone who has suffered foreclosure should hire a competent and experienced attorney to examine whether the judgment that lead to the sale of the property was properly entered and that the court acted within the bounds of its jurisdiction. Even where the court had jurisdiction over the parties and over the subject matter, where a judgment is obtained by fraud it is subject to direct or collateral attack. Examinations like this should be done even if there was a default. Under Florid law a default admits only well plead causes of action. If a default is entered against a defendant in a foreclosure action, and the underlying complaint did not state a claim, the court risks reversal or vacating its judgment on a collateral attack.

    Neither should Florida property owners assume that everything in the foreclosure process was done the right way by the plaintiff. We have seen evidence, in a big way, to the contrary. What if the lender was unlicensed at the time the mortgage loan was made? This is a 3rd degree felony crime and courts do not enforce contracts where the formation violated the law. What if the mortgage company did not have the right to sue the homeowner? They would not be entitled to judgment. Absent any standing that judgment is absolutely void – even if there was a default. Or, what if the court granted foreclosure on a mortgage that did not encumber the homeowner’s property? These judgments can be set aside and there is plenty of Florida case law to draw upon for the fight.

    It is unfortunate that many people will lose their home to the fat cat banker fraud and never know they were scammed. Worse, Floridians are now awakening to the grim reality that fairness and impartiality of our courts can be (and has been) hijacked by foreclosure plaintiffs and their lawyers who have enough money to drown our judges and their support staff in a sea of paperwork.

    Unfortunately, and unless our judges act quickly to stop this relentless attack on the judiciary’s integrity, faith in our system of justice may be hopelessly lost. This consequential, but almost invisible loss will be the ultimate price paid for the lustful and greedy motivations of the fat cat bankers and their Wall Street partners in crime. The loss of confidence in our courts; economic effect of overturned judgments, unwinding foreclosure sales, title dispute and other claims and the tensions this all will create – it is just not worth it.

    Void foreclosure judgments is bad for Florida and will no doubt delay our economic recovery. Judges, please stop this now before it is too late.

    • elisa slack says:

      What do we do when we do not have an attorney who does understand these things?
      We reside in Santa Rosa County Florida, (near Pensacola), and for the last 3 years we have tried to find an attorney who understood the forensic audit and some of the issues that (our hero) Attorney Weidner has brought up.

    • moshe sheffi says:

      Thank you,
      Finally someone who understand that the judges can be wrong too.
      In my case , the plaintiff showed the judge what he calls an Original Note, the judge ruled against me and now i have a sale date on may 27.
      The problem is that at the same time they recorded an Assignment Of Mortgage to replace the original which has been lost or destroyed .So , how come the Judge didn’t see it , how can he place final judgment with such a fake Document.
      If you can help me here,please replay to my e mail. There is more into it with the service company and the plaintiff ,laying to the judge as well, and i can proof it. Thank you guys, you doing a great job and i hope it want be to late for me.

      • DENNIS SCHIAROLI says:

        DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION TO STRIKE COUNTERCLAIM
        AND
        DEFENDANT’S MOTION TO DENY RE-ESTABLISHMENT OF NOTE
        AND
        DEFENDANT’S MOTION TO DISMISS FOR WANT OF SUBJECT MATTER JURISDICTION AND DUE TO RES JUDICATA

        1. Whereas this court shall notice that defendant disputes the putative obligation DLJ MORTGAGE CAPITAL, INC. as assignee of NEW CENTURY MORTGAGE CORPORATION, facts are in dispute. Where triable issues of fact are disputed on the record, summary judgment is inappropriate. The rule of law requires denial of plaintiff’s motion for summary judgment.
        2. The pleadings of WILLIAM T. RIEDER, JR. and BRIAN HUMMEL are opinion and hearsay, and without foundation: there is no note, no witness. This court knows that this court CANNOT rely on the conclusions of Mr. RIEDER, JR. and Mr. HUMMEL. Mr. RIEDER, JR.’s and Mr. HUMMEL’s conclusions and opinions ARE NOT FACTS BEFORE THIS COURT. United States v. Lovasco (06/09/77) 431
        3. The so-called ” affidavit” of WILLIAM T. RIEDER, JR. and BRIAN HUMMEL is deficient on its face: (1). WILLIAM T. RIEDER, JR. and BRIAN HUMMEL claim this instant action is ” an uncontested residential mortgage foreclosure,” but WILLIAM T. RIEDER, JR. and BRIAN HUMMEL have no personal knowledge of defendant’s contest of DLJ MORTGAGE CAPITAL, INC.’s, NEW CENTURY MORTGAGE CORPORATION’s, SELECT PORTFOLIO SERVICING, INC.’s claim of a mortgage note due their failure to provide any basis for their claim.
        Mandatory Judicial Notice
        In the absence of legitimate federal common law, which extends to the several States, in order to retain all common law rights in the instant matter and to secure proper jurisdiction and venue in a Article III Common Law Court of the State of Florida, John Henry Doe invokes the Savings to Suitors clause pursuant to 28 U.S.C.A. 1331(1). Shannon v. City of Anchorage, Alaska, 478 P.2d 815, 818. John Henry Doe demands the full slate of due process rights including trial by jury pursuant to FRCP 38(b). 1] Clark v. Graham, 19 U.S. (6 Wheat.) 577 (1821), is an early case in which the Supreme Court enforced this rule. 2] Congressional legislation under the full faith and credit clause, so far as it is pertinent to adjudication hereunder, is today embraced in 28 U.S.C. Sec. Sec. 1738-1739. See also 28 U.S.C. Sec. Sec. 1740-1742.

        MOTION TO DENY RE-ESTABLISHMENT OF NOTE
        4. Plaintiff’s attorneys claim that the original note is ” lost,” and request court to re-establish note. Request fails to meet the requirements of ” 71.011 Reestablishment of papers, records, and files,” to wit: attorneys for plaintiff have not shown that a certified copy of note or deed has been ” filed in the court or public office where the original belonged,” as required by 71.011 (4) (a). Attorneys for plaintiff have not shown that the purported deed has ” been placed on the proper record” as required by 71.011 (4) (b). Even if they had, 71.011 (4) (b) stipulates that ” certified copies of the record of the deed as so recorded may be received as evidence to reestablish the deed if the deed has been so recorded for 20 years.” Aforesaid purported deed has not been so recorded for 20 years. In addition, under 71.011 (5) the plaintiff or its attorneys are to detail ” the time and manner of loss or destruction,” which they have failed to do. The public record for virtually all other mortgage foreclosure actions in the 13th Judicial Circuit Court shows a pattern of frequently ” lost notes” that indicates either outrageous incompetence, or simply conspiracy to defraud and racketeering on the part of actors such as DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, AND SELECT PORTFOLIO SERVICING, INC. and others. Respect for the ideals of substantial justice and fair play requires striking the so-called affidavit of WILLIAM T. RIEDER, JR. and BRIAN HUMMEL d/b/a FLORIDA DEFAULT LAW GROUP, P.L., and denying plaintiff’s motion or request to ” re-establish a lost Mortgage Note,” for failure to comply with the terms of 71.011 (4) and (5).
        5. Affidavit of John Henry Doe disputes the alleged obligation.
        6. Whereas this court shall notice that John Henry Doe required verification of the debt to be verified by Counterclaim (Docket 10/09/2008) demand that: the DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC. and FLORIDA DEFAULT LAW GROUP, P.L. produce their Proof of Claim;
        7. Whereas this court shall notice that John Henry Doe required verification of the debt to be verified by Counterclaim (Docket 10/09/2008) demand: to inspect the “Original Mortgage Note”, with wet ink signatures, along with the Title Page that shows whether or not the mortgage has been satisfied. I believe that DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, and SELECT PORTFOLIO SERVICING, INC. have sold the original note and failed to give credit to my account;
        8. Whereas this court shall notice that John Henry Doe required verification of the debt to be verified by Counterclaim (Docket 10/09/2008) demand that: DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC. and FLORIDA DEFAULT LAW GROUP, P.L. prove your claims against me by providing me with lawfully documented evidence that is certified true and correct, by Officers of the Court and their respective corporations, in their unlimited commercial liability, while Under Oath, On and For the Official Record, under penalties of the law including Perjury;
        9. Whereas this court shall notice that John Henry Doe required verification of the debt to be verified by Counterclaim (Docket 10/09/2008) demand that: DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC. and FLORIDA DEFAULT LAW GROUP, P.L. meet ALL remaining demands of Counterclaim;
        10. Therefore, this court has notice of want of subject matter jurisdiction to consider the claim of DLJ MORTGAGE CAPITAL, INC. as assignee of NEW CENTURY MORTGAGE CORPORATION for reason of a fraud upon the court. In addition, DLJ MORTGAGE CAPITAL, INC. alleged assignee of NEW CENTURY MORTGAGE CORPORATION, is still bound by its agreement (see paragraph 12, 13 below), with Thornberry, Docket 08/06/2008, titled NOTICE OF SETTLEMENT, DEMAND FOR ACKNOWLEDGEMENT OF PAYMENT and CERTIFICATE OF SERVICE, now filed and recorded in the Lamar County, GA Clerk’s Office, BPA Book #7, Pages 495-609, and now filed in the 13th JUDICIAL CIRCUIT CASE No. 07-CA 015829-I as of August 6, 2008 and is res judicata.
        11. Plaintiff’s attorneys admit that they have no note, and no witness with first hand knowledge to testify in this instant action. In addition, this matter has been settled via ” private” contractual processes between myself and certain appointed fiduciaries d/b/a DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC. and FLORIDA DEFAULT LAW GROUP, P.L.
        13. In preparing its pleadings, Attorneys for plaintiff were required, under Florida R.C.P. Rule 11, to certify to the ” best of their knowledge, information and belief, formed after inquiry” that the complaint was correct and accurate. Mr. RIEDER, JR. and Mr. HUMMEL d/b/a FLORIDA DEFAULT LAW GROUP, P.L. knew, or should have known, that the mortgage foreclosure which they claimed to be ” uncontested” has been repeatedly contested and has been settled twice by agreement of the parties. Mr. RIEDER, JR. and Mr. HUMMEL have failed to comply with Rule 11 in writing their pleadings due to no knowledge of the facts nor any inquiry whatsoever, and have failed to meet the terms of 71.011 for the re-establishment of the note; have falsely claimed this is ” an uncontested residential mortgage foreclosure,” and brought a fraud upon the court by claiming the note is ” lost,” which from a cursory examination of the public record is clearly false: 1. there are entirely too many ” lost notes” in similar actions, and, there has been no attempt to report ” the time and manner of loss or destruction” of said alleged note or to comply with any of the other requirements of FL Stat 71.011.

        SUMMARY
        Wherefore, defendant in error, John Henry Doe requests that plaintiff’s MOTION TO STRIKE COUNTERCLAIM be denied, and John Henry Doe’s motion to dismiss be granted due to an insufficiency of pleading by Plaintiff and due to the Res Judicata already obtained by John Henry Doe.

        I, John Henry Doe, of lawful age and competent to testify, states as follows:

        1. I am not in receipt of any document which verifies that I have a contract with DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC.
        2. I am not in receipt of any answer from DLJ MORTGAGE CAPITAL, INC. or its co-parties and agents, NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC. in response to the NOTICE OF SETTLEMENT, DEMAND FOR ACKNOWLEDGEMENT OF PAYMENT and CERTIFICATE OF SERVICE, now filed and recorded in the Lamar County, GA Clerk’s Office, BPA Book #7, Pages 495-609, and now filed in the 13th JUDICIAL CIRCUIT CASE No. 07-CA 015829-I as of August 6, 2008.
        3. I am not in receipt of any document which verifies that I owe DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC. money.
        4. I am not in receipt of any document from DLJ MORTGAGE CAPITAL, INC. or its co-parties and agents, NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC., which disputes the NOTICE OF SETTLEMENT, DEMAND FOR ACKNOWLEDGEMENT OF PAYMENT and CERTIFICATE OF SERVICE filed in the 13th JUDICIAL CIRCUIT CASE No. 07-CA 015829-I as of August 6, 2008.
        5. As result of WILLIAM T. RIEDER, JR. and BRIAN HUMMEL d/b/a FLORIDA DEFAULT LAW GROUP, P.L.’s conduct, and that of the partners of FLORIDA DEFAULT LAW GROUP, P.L., and DLJ MORTGAGE CAPITAL, INC., NEW CENTURY MORTGAGE CORPORATION, SELECT PORTFOLIO SERVICING, INC., I have been damaged financially, socially, and emotionally.

        #6 (permalink) 01-04-2010, 05:49 PM
        foreclosure2010
        Junior Member Join Date: Jan 2010
        Posts: 1

        ——————————————————————————–

        BrokenCredit: What was the ruling on this?

  • Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    Boy, this is right on the beam. And it applies in all states, not just Florida.

  • I was wondering if you have any writing samples of a Joan Rein notary and asst VP for Aurora? I have a case where Lending Tree is original lender, an allonge signed by a Amy Nelson VP for residential funding company LLC and Aurora is the Plaintiff. The Nelson allonge appears to be a stamped signature any assistance you could give me with regard to her would be helpful
    THanks in advance
    Jacqulyn MAck FBN 0134902

    • Attorney Wendy Alison Nora says:

      I have the robo signer Amy Nelson on an allonge of a clearly forged promissory note. She signs “Pay to the Order of Residential Funding Company, LLC f/k/a Residential Funding Corporation WITHOUT RECOURSE The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee, Residential Funding Company, LLC f/k/a Residential Funding Corporation, Atttorney in Fact by Amy Nelson, Title: Assistant Vice President”–of what is she Assistant Vice President and there is no Power of Attorney attached. My office calls her “Vice President of the World.” Anyone with more information on this amazing Amy Nelson, please e-mail me at accesslegalservices@gmail.com
      I would like to compare signatures with your documents because her signature looks like one of the many signatures available on-line for another named robo signer.
      Keep the faith! TY

      • John Bauer says:

        I have a “signature” of Amy Nelson as Assistant Vice President of Residential Funding Company attached to a purported Allonge to HSBC.

        Is she employed with Residential Funding Company or has she signed in the capacity of an employee with HSBC or another company? Please advise.

        Can provide you a copy of the Allonge with her “signature” if you wish. Thank You, John Bauer (714-319-3446)

      • Attorney Wendy Alison Nora says:

        There appear to be two signature stamps for Amy Nelson in circulation, being used to stamp allonges.

        • micah umeh says:

          Attorney Wendy,
          I need your assistance to uncover what appears to be robo signatures of Amy Nelson whose name was appended on an allonge as Asst. Vice President of Residential Funding Company, LLc. Bank OF AMERICA wants to use the NOTE and the ALLONGE to foreclose on my house. I want to bust them and uncover the fraud they want to perpetrate on me. Please send me any document with the name of AMY NELSON on it to compare the signatures and the capacities she signed the papers. My e-mail is primeabraham@yahoo.com. You can call me @ 347-612-7591. I live in New York. Thanks for the anticipated help!
          Micah

    • Gene says:

      Jacqulyn,

      I have a corporate assignment notarized by Joann Rein of Aurora Loan Servicing. This Corporate assignment was allegedly dated 12/5/2006 and Notarized by Rein… The problem is Miss Rein Mistakenly used a notary stamp that expires in 2012… In the state of Nebraska a Notary has a four year term. Therefore that Notary stamp could not have been created until 2008 two years after the alleged date of the document. I called B.S. on that Assignment and have won several foreclosure attempts.

      I might add a side note… Read your Deed of Trust… under definitions (usually (C)) does it define who the lender is?… Is it specific?.. Lender is.. Corporation in the state of….Address is…

      Now go to the paragraph “substitute Trustee” (usually #24).. What does your Deed of Trust or contract say who can assign a substitute trustee… THE LENDER!!! NO ONE ELSE!!! Not MERS or any attorney or servicer…

  • Luigie says:

    Why are we the foreclosed home owner so powerless . I was talking about this with my wife one night in our temporary studio apartment.

    What happens to person if they shoplift some items in Wal-Mart… If caught in the act ..all hell breaks loose . The security team pouches on the culprit, and immediately the cops arrives to handcuff the thief, and take him to the police station…there they take fingerprints, they take mug shots , and thrown him in jail until they are standing in front of a judge to face a criminal charge .
    What if a man steals a car and gets caught .. all hell breaks loose ..but this time the charge against the man is “”GRAND THIEF AUTO “”a much more serious offense. Jail time for sure .

    Now comes various A Law Firms ” FORECLOSURE MILL “and they steals houses ..with fraud and false ,fabricated documents , and the Judge is almost always in their side, and is no more no less then a facilitator in the stealing .
    Hell doesn’t break loose ! The cops aren’t called .
    Why I ask is there not a template legal form made for a civil suit that can be used by the homeowners to sue these ” Mills ” ..for fraud and damages.
    I read and read ..many sites , they all have good news, bad news, but they don’t give the foreclosure owner a legal sword , a weapon to strike back at these criminals .

    Mr.Echevarria , owner of the Florida Default Law Group , the DON CAPO , the HEAD , CHIEF , of this white collar MAFIA… is in good standing with the Florida Bar Assoc. see it on the web.

    We the homeowners need a weapon , a legal sword to defend ourselves …other wise we are acting like sheep ..lead to the slaughter house ..the Circuit Court .It .should be renamed the SLAUGHTER House on Orange Ave. And the Judges …should be renamed the BUTCHERS .
    Thats what we are up against…

    LF

  • Kim says:

    Hi Mat,
    Im in Maine and have fraudulent assignments from Robo signers in Pinella’s county…
    People here think Im crazy when I talk about it (including my lawyer), I have done hours of research on my signer and notary and know in my heart that this is all tied into Florida’s foreclosure fraud…There are hundreds if not more in my surrounding towns with the same exact mortgage information, they just don’t know it yet…
    Im in pending foreclosure, my fight is with CitiMortgage…
    MERS has assigned my mortgage to Citi, the VP signer (for MERS) is Scott Scheiner, I’ve have researched him, low and behold he also works for Citi…

    Would you happen to know of any “get it” Lawyers in my state that could be of some assistance to me???

    Aslo, if you need a researcher for anything in the Florida counties, I’d be more then happy to help…I have search every county Deed of Registries in Florida, just trying to find documents that will help me save my home…
    If I can’t save mine, then maybe I could help someone save theirs…
    God Bless you Matt for all the work you do helping others…

    Thanks a ton!
    Kim

    • Attorney Wendy Alison Nora says:

      Call the Maine Attorney General’s Office. All 50 states attorneys general are looking into this now.
      10/18/2010

    • Eric says:

      Kim,
      Interesting! How do you know Sctot Scheiner works for Citi? Do you know the location of his work address? Who is your notary on the assignment?

    • harold says:

      Hi Kim,

      I am looking for assistance for info and signatures of Scott Scheiner.The term Robo-Signer means that a person is given a stack of documents to sign THEIR OWN NAME whether they know what they are signing or not. When someone signs another person’s name without a power of attorney is FORGERY/FRAUD period. And that is what is happening in most of these so called Robo-Signer cases. I would appreciate any help that you or anyone reading this can provide.
      AND PLEASE WE HAVE TO KEEP UP THE PRESSURE AND FIGHT. THERE ARE MANY MORE OF US THAT HAVE BEEN WRONGED THAT THOSE WHO WRONGED US.

      GOD BLESS ALL

    • harold says:

      Hi Kim,
      My contact info: harold846@hotmail.com for info on Scott Scheiner of MERS and Citimortgage.

      Thank you again,
      Harold

    • Garry Fourre says:

      I have copies of two assignments by Scott Scheiner As assistant
      Secretary of Mers.
      CFN 20100292506 recorded 8/9/2010; BK 23996 PG 1142-1143
      Palm Beach County, Florida
      Also CFN 20100292507 BK 23996 PG 1144-1145 same county
      Seal for Mers is not readable And Notary signs her name
      differantly then her registered signature if she really signed it!

    • Derek says:

      Yes Kim, I would be interested in speaking with you about research work in Florida counties. We are preforming the same kind of work and are looking for someone to help us with the research. We are located in SW Florida around Naples.

  • DENNIS SCHIAROLI says:

    I have been fighting my case pro-se, sent in an amended defense that held the Attorney at bay at BAC Home Loans Servicing, LP F/K/A Countrywide Home Loan Servicing, LP. So Far They have not proved Standing as Pulte Home Loans Is the Mortgage Co on Record and I won’t dare release them for my protection . I have Filed motions to Dismiss to no end and Finally the Motion to Dismiss action/motion for more definate statement based on the Florida Supreme Court amendment of 1.110(b). I am fighting and the attorney has failed to show with any documents after 30 days even after an order for production of documents was served by me.
    There is no verified complaint as well. This is a fraud and I think with all the pressure(write now) the Lawyers are thinking twice and backing down.

    I also filed a motion to preserve evidents to prevent Monkey Business.

    On Feb 5th 2010

    I wrote to Chief Justice Cary in the 20th Judicial Court of Fort Myers. I told him I am involved in a case where lack of standing/and the Plaintiff is not mentioned on any filed Mortgage documents and no “legal” assignment is entered into Law. (PS I found out if an assigned mortgage company does not file their assignment into Law within 30 days after assignment and I file bankruptcy guess what they are out. No money for them. Its Law!
    I also mentioned that I asked that he uphold amendment to 1.110 because of a lack of a verified complaint. The lawyer for the bank is in Plantation and he is swamp with cases and my resistance will keep him busy and dizzy. I am one step ahead of him with Mat’s information. While he’s looking for the paper work to show the bank owns the mortgage let him also know that he puposefully filed a non-verified complaint upon the court.

    Lets hope Chief Justice Carey Does the right thing, I will report on any correspondence I receive.

    I just want to say one thing, If I did not fight this them a judgement would have been filed no ifs ands or buts and I already explained my case.

    Every one needs to educate themselves or get a lawyer but don’t these people win their fraud upon the courts without a fight or default. The banks were already compensated by the govermnent now its your turn!

    Thanks Mat!

    A COPY OF MY LETTER

    May 5, 2010

    Honorable Chief Justice Cary
    1700 Monroe Street
    Fort Myers, FL 33901

    RE: Verified Complaint

    Dear Chief Justice Cary:

    I would like to thank you for taking the time to read my letter.

    I am involved in a civil action within your court system for which I have filed motion to dismiss for lack of standing in that the bank suing is not listed as the the mortgage holder.
    I have give the Plaintiff thrity plus days to show proof in which they have failed to present the documents.

    On another note I have been advised that the same attorney and bank have failed to file a verified complaint in my case pusuant to a recent amendment to Fla.R.Civ.Pro. 1.110 (b) which would have prevented the court in being burdened with such a basic relevance of standing lack of verified complaint. In my case the attorney knew full well of the amendment although he chose not to incoporate it in this case.

    I only ask that you read my recent motion to dismiss and uphold the Florida Supreme Court Amendment that I have enclosed. It is in my opinion that this type of disobedience creates a significant problem to judicial administration as it forces the courts to expand time and resourses on claims which may prove frivolous or otherwise not subject to adjudication.

    Chief Justice Cary, I would like to thank you for your time and would appreciate any action you may take on this case or others that fall under these guidelines within the court system to help people save their homes and properties.

    Yours Truly,

    Dennis Schiaroli

    • Gene says:

      Just found your post, Great Job Dennis!

      Here is a simply “tigbit” Read your Deed of Trust… under definitions (usually (C) does it define who the Lender is?… Is it specific?.. Lender is.. Corporation of the state of….Address is… does it go into any other details?

      Now count the number of times Lender is used and know where it states Lender you can substitue that Name AND ONLY THAT NAME because there can be only ONE lender!!! (my Deed of Trust states Lender 187 times)

      Now go to the paragraph “substitute Trustee” (usually #24).. What does your deed of Trust or contract say who can assign a substitute trustee?… THE LENDER!!! NO ONE ELSE!!! Not MERS or any attorney or servicer… They have no standing based on the very Deed of Trust they are waving around.. Most Lenders have gone out of business, therefore you must assign a Trustee… As the CREATOR of that Trust it is your obligation to have a proper Trustee… Now that creates a level playing field… Once you properly assign a Trustee anyone attempting to forclose must go through YOUR APPOINTED TRUSTEE!!!

  • DENNIS SCHIAROLI says:

    * please forgive spelling the original letter to the Justice has correct spelling

    Sorry Guys

  • divemedic says:

    We filed a motion to dismiss because the complaint was not verified, and the court ordered that the motion was moot and denied it.

  • L Bridwell says:

    You can’t read your document (on an iPhone anyway).
    You should repost with a larger pic/file so it is legible.

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  • Thank you,
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  • AXJ USA says:

    Just a question of time before more Judges start recusing themselves as American Homeowners will discover their ties into this Mortgage Fraud.

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