Foreclosure Defense Florida

Warrant Issued For Arrest of Matthew Weidner In a Foreclosure Case

On March 1, 2010 a warrant for my arrest was signed by a Pinellas County Judge.   The warrant was signed based on an affidavit of probable cause that was signed by an officer of the private company that the Pinellas County Sheriff’s office has contracted to process all their probable cause affidavits and arrest warrants.   For hundreds of years, only actual deputized officers of the Sheriff’s office signed these affidavits and they were kept within the Pinellas County courts, but that process was recently contracted out to a private company.

When I appeared before the judge, I reviewed the affidavit and it was clear that whomever signed the affidavit got the facts all wrong.   I’m 175 pounds, not 204.   I’ve got brown hair, not white hair.   I’ve got blue eyes, not brown eyes. And most importantly, I couldn’t have committed the serious felony crime the affidavit accused me of because I wasn’t even born yet on the date the affidavit said I committed the crime.   When I appeared before the judge and pointed all this out her response was astonishing…while she admitted that the affidavit was totally wrong and that it was clear from its face that I could not have committed the crime, she told me, “The prosecutor admits that the affidavit is wrong and while you may not have committed this specific crime, the affidavit says you committed a crime.   The prosecutor assures me that they believe you’ve committed a crime even if it’s not the crime that I’m going to sign this arrest warrant for and that’s enough information for me.”

The judge signed the arrest warrant even though she knew and the prosecutors admitted that the facts in the affidavit did not support my arrest.

There were hundreds of attorneys in the courtroom who had clients that were being arrested on precisely the same obviously wrong set of facts, but they could do nothing.   The facts were all wrong, the files were all wrong, but the warrants were signed.   If this weren’t bad enough, I thought about the thousands of files on the judge’s bench where no attorney were present.   She was so busy and those accused had no attorney to challenge the facts in the affidavit, so the judge just signed thousands of those cases every single day.

Sorry lenders, sorry plaintiff’s attorneys, I was not arrested.   The story above did not happen.   Not exactly that way anyway.   But every single day in courtrooms all across this country, acts no less severe than the ones I described above are happening.   While an arrest is the most serious exercise of judicial power, close behind it is the judicial act of throwing a person or family out of their home.   Unfortunately, this dire judicial act is being done hundreds of thousands of times across the country every day based on fraudulent information and based on facts that are in direct contradiction to taking that most severe judicial act–throwing a person out of their home.

We truly are living in a Kafaka-esque world where this scenario above plays out in courtrooms across the country every day.   Lenders and their attorneys are committing gross fraud on the courts.   The practice is shockingly widespread and pervasive.   The lies and tactics employed by the banks and officers of the court to fulfill their ultimate goals of taking back property (to what end?   who will buy them?   how will the banks recover $$ even after they have taken the property back?) are becoming very well documented in depositions, SEC filings, class action lawsuits and other definitive places.

There are bright spots though….the Sixth Circuit of Pinellas County, Florida and the Second District Court of Appeals in Florida is one such place.   The recent opinions released by judges from these two courts make it clear that the judges take their jobs and their solemn responsibility to their citizens seriously.   The opinions that force lenders to prove their right to foreclose and challenge the improper tactics of the banks and lenders, make it clear that in their courtrooms and neighborhoods at least, the law and the rights of consumers and citizens are more important than the arrogance, bullying and abuses of nameless, faceless, shifting entities that are attempting to steal our country!

We can only hope that courts in the rest of the country will turn their gaze to Pinellas County, Florida….

The Flames of Justice Are Burning Bright!

14 Comments

  • Mr. Weidner,

    April Fools came early this year!

    You really had me believing!

    Lisa

  • Lori Kelly says:

    BRILLIANT! I too hope that courts in the rest of the country will follow Florida’s lead and stop the injustice of allowing foreclosures to happen without following the law.
    What happened to the requirement of property ownership documents being recorded in the county where the property is? There are so many discrepancies and flat out blatant illegalities it’s about time these judges start enforcing the law. I thought that was what they were suppose to do.
    Thank you for this well written article.

  • bloominga says:

    The flames of justice are burning brighter and thanks to blogs like this the word will spread. They are following the same path that is leading to so many borrowers losing their homes.

    I have read too many stories of families being ousted from their homes without the Judge looking any further than the name of the lender. If the affadavit is signed by Bank of America, JP Morgan Chase or one of the other so-called reputable lenders, no questions are asked and the lies are taken as truth. So many of those homeowners are in no position to be able to afford an attorney and are relying on the judge to stop the
    We have too many Judges who have forgotten why they were elected. This must stop!

  • ANONYMOUS says:

    We need more attorneys like you. And, how about replacing someone in Congress??

  • Great article! Keep up the good work!

  • Greg Clark says:

    Thank you Matt for reducing this down to something everyone should be able to understand. Here I am a dirt lawyer in the middle of a fight I never dreamt possible: Defending against a fundamental breakdown of the elements of proof which now tears at the biggest component of our so called ‘free economy’: Real estate and its clear title. Bad judgments cloud title, void judgments destroy it. If I were an investor with precious capital or a new lender asked to go into this minefield I would take a pass and think hard about moving my dollars to China and learning Mandarin.

    Cudos to you and the Bravehearts at the 2d DCA for pushing back, and those that sit on the Circuit benches that are at least looking and trying. They understand that without following the rules of proof and due process and applying them equally to all citizens there will soon be nothing left at all, except for their new masters, the very few and very powerful.

    JEDTI
    G.

    • Greg- the awesome, high-level legal work you’re doing is coming to fruition. Even in yesterday’s mediation session, “MERS and the Splitting Argument” was discussed. This is rattling and echoing all around the country now….people are getting it. I continue to pose the question….if a mortgage is a mere incident to the debt, why the assignment anyway….I think the only explanation is internal knowledge that MERS will eventually blow up…..so lets get these assignments out now! The blogosphere is incredibly powerful…as my hits continue to increase, the arguments are exposed to critical inquiry and debate….that’s good news for us all!

  • Greg Clark says:

    It’s so abberant, the things we are seeing from the lending industry. MERS was intended to hold the mortgage until it was paid off or foreclosed on, not assign it. That’s why it was given no authority or power in the mortgage to transfer it.
    Yet here we see them, like rats in lead boots, trying to flee the scene of their ‘failure of title’ crime – the fact of their invalid, ineffective mortgage.

    By now, slowly, and in fits and starts, it is becoming apparent to many that the “mortgage backed derivative” and its associated support system is a failed business model that has not worked out to the benefit of those who took it hook line and sinker, the uninsured investors, the homelosers and the taxpayers.

    I simply submit that behind such a failed business model is a failed legal model that should be brought to light.

    JEDTI
    G.

    • So who’s going to get around to deposing MERS to find out when they realized that assignments were outside the universe of their corporate existence? Where are the internal memos and legal analysis? Where are the state by state analysis of the affect this was going to have? When did they realize this? Who knew? What? When? That really is key to your argument…how do we join them as necessary third parties? Probably better to wait until they are named as a Defendant then just depo them in. That will be a big hit….I nominate you for that depo.

  • DinSFLA says:

    I almost got all the Hamleteers ready to march to Pinellas County!

  • Mike Quinn says:

    Great website. Thank you. We are going to court for the second go round with a new judge. The first one bailed I guess. Same situation as mentioned elsewhere. Forclosing bank has no right and no paperwork detailing their ownership. Thanks for the extra amunition.
    Mike Q

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