Foreclosure Defense Florida

Today’s Mortgages- Terminal Cancer on America’s Property Ownership System

I view one of the biggest challenges in this foreclosure war as trying to explain to judges, to the press and to the larger public how the sins that are being committed in our courtrooms all across the state will exact a profound and catastrophic price for decades to come.

Do you feel determined to grant this summary judgment that’s been requested by this coverage attorney who has not filed a notice of appearance and knows nothing about the “evidence” in the file….a file that’s been produced by a firm that’s under investigation by the state’s attorney general or worse, a firm that’s under investigation by the state’s attorney general and the client showed up weeks ago with semi trucks and has wheeled all its files out of the attorney’s office?   Now who’s going to be around to fix all those title claims?   Who’s going to pay all the title claims of second lienholders that were not properly named?   Who’s going to pay the claims of the homeowner who definitely did not get personal service because she was in another country on the day of the alleged personal service?

We’re begging, pleading, beseeching you oh court system…just stop and think about what you’re doing.   Before you tear through that stack of Summary Judgments that have been carefully prepped up by your administrative staff, think about the time, the cost, the embarrassment if just one of those foreclosures has real violations of due process or civil rights.

Will it really be enough to shrug the collective judicial shoulders and say, “We’re just the court, we just accept the evidence and the judgments in front of us”?

We beg of you…for our sake, for all of our sake….please give us all just a little more…..for just one example of the issues that have us all so concerned, please read the following from Greg Clark:

Cancer of the Mortgage

I tell my clients that though I am a licensed attorney, I feel   more like  an Oncologist,   for I believe they have acquired, Cancer of the Mortgage.

And like any good Title doctor I  turn to the cause of their malady, confirmed in the bloodwork,  and inform them: toxic koolaide.

So it becomes my job to try and keep them alive, with hope and fight, until   I  can find a cure.

I do have two  big leads in my hope which, in turn, fuels my fight;   the lab report:  terminal title defects, and the words of wisdom once uttered to a young law student by a torts professor some 30  years ago: “Greg, behind every failed investment model there usually lurks a failed legal model; failed either in  design or  execution.”

Not all mortgages have  title defects, just the vast majority of those that have been infected since about 2002 with either a MERS complication and/or a strain of the securitized trust complex. These pathological agents were  injected into what would have been an otherwise clean , healthy and clear chain of title to the real property, the collateral  which was  supposed to  secure the notes given the lender for the money advanced.

By failed design:

Much has been written and will be written about the dysfunctional and  hopelessly conflicted MERS configured mortgage which purposely separates the legal title to the mortgage from the legal  title to the note (a practice  in derogation of common law, common sense, and  with no law or statute passed to authorize it), then cloaks the public record from knowing who the true owner is of your loan, including yourself. It’s the very antithesis of the once free, open, transparent playing field – our public property title registration system  –  upon which our  real estate market economy was previously based and which used to be the gold standard that investors, worldwide could rely on  and take faith in. How could such a American right to free and open property information be  somehow  ceded to or commandeered into the exclusive possession of a privately held corporation without one vote cast by a  citizen of the republic? Suffice it to  say that lenders themselves who relied on it have suffered defeats in court, and now, in Congress, a bill has been introduced to try and kill off this toxic title  pathogen.

This “Innovative devise of modern commerce”  seems well on its way to the Island of Misfit legal toys, or perhaps directly to oblivion as no none, going forward, wants to  adopt it.

In failed execution:

Much has been written and will be written about the  derivatives, new furry little creatures,  sold to investors who accepted at face value their purring promises, that they were “mortgage  backed securities” good stuff, or so said  the securitized trust brokers who peddled them.  But  like  Tribbles with teeth – sold to Klingons – they have bitten, hard. Suffice it to say that the industry’s own star witness recently testified (Kemp v. Countrywide)  in essence,  that these investment securities  really aren’t mortgage backed or even “note backed” due to a  fundamental failure of note transfer: An omission followed –  industry wide  – as a foolish  practice protocol even though it was in violation of their own contract documents and the terms and provisions of the governing UCC and REMIC regulations.

Hmm, looks like the investors drank some of that kool aide too,  me thinks. They got “Cancer of the Mortgage un-backed security.” Then I think, to be fair, both homeowners and investors drank the  bitter sweet beverage willingly, right?  though not perhaps knowingly. But what about those birds that mixed it up, served it and now get hefty fees for providing the funeral services?

Last week the prognosis for one of my patients brightened a little when Judge Tepper in Florida’s 6th Judical Circuit  granted my motion in the Stenz case to dismiss and in doing so ruled that  the  loan servicer (a sort of  faceless proxy for the faceless unknown owner of the loan)  had to reveal the identity of this owner of the loan and deraign its title to the loan from  the very beginning  of it to the day it filed the foreclosure action,  in essence, to prove an unbroken chain of title  to the loan.

Something as basic and simple as that.   And once I get that particular lab report back I suspect it may have some missing, broken, or pathologically invalid  links.

I can’t wait.

Greg Clark,   Esq.


Founder of JEDTI

Jurists Engaged in Defending Title Integrity

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