Foreclosure Defense Florida

WATCH OUT~ Keep your eyes out for this interesting development!

WatchOut-foreclosure

It’s been some time since I talked about Capacity, so I want to do a new post here on the subject.   The bottom line is this, hundreds of thousands of foreclosure judgments are being entered based on complaints that lack one of the most basic elements of EVERY SINGLE OTHER LAWSUIT FILED IN THIS COUNTRY. The critical piece of information I’m speaking about is the identification of the parties to the lawsuit.   Now in most cases, the borrower defendants are known and identified.   They’re easy because the live in the home.   The second lienholders are never properly identified and they are almost always only served through MERS, so it is questionable whether the real owner of the debt obligation secured by the second mortgage is notified, but that’s a subject for another blog.

Today I’m talking about the failure to specifically and accurately identify who or what the plaintiff corporation is, where they are located and under what authority they assert the capacity to sue.   Now in this Twilight Zone world of mortgage foreclosures, our judges have no idea what the answers to those questions are so all across this state our judges are busy transferring millions of dollars in judgments and property to entities with long, confusing, abbreviated, obfuscated, mutilated, desecrated (whatever) names.   Just last week a client came in with a JP Morgan as trustee for 123 trust in its capacity as receiver for XYZ bank, trustee or some such nonsense.   Problem with that is no one could even pretend to know who or what was responsible for trying to throw a neighbor onto the street, but left unchallenged a judge somewhere will just grant that shadow entity a judgment.

Look carefully at the names that are listed on the attached documents that are registered with the Secretary of State.   You think you recognize those names don’t you….Well Look Very Carefully at the owner’s name.   Now I want to know what legitimate purpose a person would have for registering the names that are indicated there.   I can certainly think of several improper reasons for having such names, but I cannot think of a single legitimate purpose.   Look carefully at the names there people, then consider how that could come into play in our courtrooms across the state and in the current state of this mortgage environment.

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11 Comments

  • avirani0203 says:

    I would venture to guess that the banks with trust powers are now finally “getting it” and realizing that they cannot hide behind the NBA. However, what happens to all those properties foreclosed by entities no registered in Florida?

    Next move by these entities will be registering the trusts.

    Mr. Weidner, you are doing a fantastic job. Keep it up.

  • steven0329 says:

    Are they attorneys? A law firm?

  • mp3rmd729 says:

    Hi Matt,
    We’re in a heated battle here in CA, with a unlimited civil case (we’re PRO SE Plaintiffs) and a UD case (Defendants) with the same bank as one of the parties in each. Civil hearing Sept 29, and UD hearing Oct 21. We tried to Remove the UD to civil and almost made it, but the Removal was Remanded because only 1 of the 2 issues we brought up are valid (we think the 2nd one should be valid, but who can argue with a Fed Judge?). The issues are “Federal Question” and “Diversity”. Diversity seems to be tied up with the $ amount of the suit (the bank kept it low so as to keep it in limited civil in State court, although the “real” amount of our home and what they are “stealing” is much higher, but since they are the movants, we cannot change the amount)…BUT FEDERAL QUESTION (Constitutionality) is the issue we are going to re-file and hammer away on! I am sharing this because if we blew our chances of Removing our UD to Fed court, perhaps other people can learn from our mistake and Remove to Federal Court on the issue of Federal Question. We saw this as a way to get our case OUT of the UD “slaughterhouse” court…and into Federal where they have to hear matters that deal with violation of the Constitution (denial of due process, fraudulent acts involved in the taking of property, violation of private agreements/contracts/Deeds of Trust (nonjudicial states) and Mortgage Assignments (judicial states). Since there is so much talk of the outrage of the “Rocket Dockets” in which no one gets even a crack at defending themselves (or in your case) your clients, we wonder why you don’t try to get those cases out of those courts and to Federal court where they can be heard? Its just a thought and a suggestion, as I am a fan of yours and follow your awesome blogs, I see how you are getting as fed up as we are here in CA where the Bully Banks don’t even have to file a lawsuit against us to foreclose…they just go right ahead with it, and the courts presume once a document is filed into the county that it is legitimate! They aren’t even stopping to take a look to see if our claims of fraud are legitimate! They just don’t appear to care! If you would like to get in touch with me, my email is mp3rmd729@gmail.com I am a member of ForeclosureHamlet.org and am very familiar with the current “trends” involving foreclosure. I am Pro Se, and I am really new to this nightmare that you “veterans” have been down in the trenches (or is it ‘tranches’, ha ha) fighting for years now! I can’t believe I never knew what evil was going on in the name of “justice” in this great country!
    Thank you for taking your time to listen to another “Fellow Foreclosure Fighter”!

    • Laurie Fadness says:

      I have been trying to help a elderly woman who I believe is a victim of fraud when I read your blogs. Interesting similarities 1. US Bank National Assiation, as trustee for Terwin Morgage Trust 2005-16HE Asset backed certificates series 2005-16HE without recourse c/o Specialized Loan Servicing, LLC . Just curious if you heard of a Eddy Leon or fransico reynoso I cant believe that this kind of theft is going on in USA. I will let you know what happens in court tomorrow. And FYI Us Bank says that they know nothing about this fraud. We shall see Tomorrow. My email is sylmarcowgirl@aol.com
      Thanks for the info ..and Pray for us in court. Laurie Fadness

  • mp3rmd729 says:

    Correction on the above post by me…”we tried to Remove the UD to FEDERAL COURT (not civil, as it is already in State court).

  • mp3rmd729 says:

    One last thing…The bank that is a Defendant in our unlimited civil case here in CA is none other than U.S. Bank National Association! And the Bank who is Plaintiff in the UD filed against us is, guess who? U. S. Bank National Association, Indenture Trustee for the Terwin Mortgage TRUST 2007-QHL1, Asset-Backed Securities 2007-QHL1. I posted what I did about how we are trying to Remove our UD to Federal Court before I looked at the links you posted above! This post has shed some light on much that is going on in my case! Thank you!

    I have been on Foreclosure Hamlet quite a bit lately and have been emailing Lisa about what is going on. I am getting alot of encouragement from all the Hamleteers! I do hope to one day be able to talk to you about my case and the direction it is taking. Sincerely, ~Ruth~

  • alrady says:

    https://www.corporationwiki.com/Florida/Miami-Lakes/citigroup-mortgage-loan-trust-inc/36026008.aspx

    Matt I found an interesting thing when searching Andrews name but not sure if it is same Andrews.

    Torrente appears to be general contractor so how does he fit in?
    https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=B51291FB4F3B9F02CBF8C6C88761C5CE

    I don’t know exactly what is happening but maybe they are there so they can receive money from the settlements… I dont’ understand lots but it is weird they are listed in so many banks ficticiuos names lists.

    Interesting topic MATT since we were discussing ficticious names in our pro se support groups yesterday.

  • alrady says:

    PS: does this fit in anywhere to the puzzle? and is it the same Andrews? https://www.uscdc.org/Caveat_Slimeball,_Renn.doc

  • annie says:

    Well, here’s what I found for that address…… Citigroup Mortgage Loan Trust, Inc – Mortgage Companies & Home Loans, 15476 Nw 77 Ct 257, Miami Lakes, FL 33016…….. Hmmm… Am I mistaken, or is the whole “Citi” business(es) a distant relative to the good old Lehman Bros?

    Has anyone else notice how previous to filing bankruptcy Lehman “distributed” many assests into little “security” vehicles (dummy companies) to avoid losing all their assests. Any one ever heard of the LXS series? They were a vehicle to “drive” away with their little nest egg of bad mortgages that they would some day turn into gold. That day is today, and as for all the LXS companies (ok, most) no longer exist and are now referred to as “Trusts” and other “companies” with many different names. They take our homes, our life savings in many cases, and basically hand them over to Lehman via yet another “assest transfer vehicle” like one of their “Loan Servicers” such as Aurora (also a distant relative to Lehman).
    I’m rather new to the world of (criminal) foreclosure, so maybe this is just old news to everyone. I’m just hoping SOMEONE has noticed this cycle. (?)

  • Betsy Davis says:

    All; US bank signed a Consent Order 4/11 with Office of Controller of the Currency to avoid a Notice of Charges for faking documents, lying and stealing. Google it. 26 pages of US Bank failure and.

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