Foreclosure Defense Florida


foreclosure-scammedActually it probably happens hundreds, perhaps thousands of times a week across the state.   A hapless but hopeful homeowner is working with his lender (or someone he thinks is his lender), thinking that he is on the verge of a mortgage modification, when behind the scenes, the lender has convinced a judge to grant foreclosure and his home is sold.

There are remedies when this happens, but you’ve got to act quickly.   Hopefully you can catch this within ten days after the foreclosure sale.   Even if you don’t remember judgments are void or voidable if there is fraud or mistake in the files…and there is quite a bit of fraud and mistake in most foreclosure files.

Remember to challenge the sale and attack the judgment.   Read the case below, Elliott v. Aurora for an example of the facts that the court will consider….you might consider contacting the Plaintiff’s attorney but good luck getting through to someone and in my experience, you will not get their attention until you have pled out a very good case with compelling facts and good case law.

elliott v. aurora


As more counties adopt their foreclosure mediation programs, I’m concerned there will be more default judgments and sales as the homeowner is distracted by the mediation and does not respond to the lawsuit.   After meeting with those who will be running the mediation program here in Pinellas County, Mediation Managers, Inc., I’m hopeful that this will not be a major problem here in our county.   I’m convinced those running our program will be working hard to prevent errors and mistakes that will lead to false judgments.

One Comment

  • speakout says:

    Just curious if you are aware of the part in the note that states that ALL parties signing the note are obligated to pay. It states that the guarantor, surety, or endorser are all obligated to the terms of the note. Well, that includes the Lender as the Lender is the “endorser”, the one that signs for the money. A note is a negotiable instrument and is equivalent to a check. We gave them a Note and they gave us back a check, it was actually an exchange – not a loan. The accounting records of the banks show this entry as a deposit. They have double entry accounting. UCC , Article 3, Negotiable Instruments describes all these definitions. UCC 3-104. The banks don’t want to produce the accounting records as you would find that they already got paid on the loan the day it funded – note = money. They then turned around and “lent” the money to the borrower, the banks have nothing invested. The note is payable to bearer upon demand. Since they sign it “pay to the order of”, they endorsed it, like a check. Banks cannot lend their own money per their bank charters, so where does the money come from? It’s a computer entry. The key question to ask is, “WHO FUNDED the loan?” Who is the beneficiary?, Who is the accommodation party, who is the accomodated party? What does the “principal” equate to? (It’s a deposit in an account) A deposit is a liability to a bank. THEY owe that money. See also, UCC 3-110. and UCC 3-116.-Joint and several liability.
    The banks have already cashed in on these notes and are only the “servicers” The servicers can only do modifications, can not foreclose. Ask for the security agreement when they transferred the note. Freddie Mac & Fannie Mae “own” a large majority of the mortgages/notes. But they are now owned by the Federal Government. Do the banks truly have jurisdiction? They know the fraud and so do the judges, but their job is to collect money for the “beast”/the banksters. The banks are getting paid 3 & 4 times over, They get paid when they sell the note, get paid on the payments from the borrower, got paid from TARP, got paid from the CDS insurance, got paid when they foreclose and take the house and sell it, get paid from deficiency judgements. It is criminal. Then in the future, when the real party of interest comes out of the woodwork and wants to get paid, they’ll probably go after the poor homeowner again for more money. (Although the judgement is not supposed to be effective unless the borrower is protected from this)

    This whole scam was planned, as they control the money and can prevent us from access which is what caused the collapse in the first place. After they used our notes and mortgages to leverage their derivitive investments 100 times, when the musical chairs stopped because the final investor somewhere on the other side of the world found out about the worthless, overleveraged $500 trillion ponzi scam they were running , the money was cut off and so was the economy. Oh, those “terrible” homeowners who lost all their equity, their jobs, investments all while the banksters are raking in billions. It is sickening! We have no real court – it is just another debt collector. “Evil prevails when good men do nothing” Good men are judged by their deeds, not their money. God bless the good attorneys and judges that stand up to the corruption. This is a war of the people vs the banksters. Thank you all that support the people.

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