Foreclosure Defense Florida

What Exactly is Fraud on the Court?

foreclosure manAs the Foreclosure Fraud Fight continues to heat up, we should all step back and talk about the words we’re using to make sure we are accurately describing the events and situations that we are referring to.

Yesterday I posted an Order signed by Judge Michael Traynor out of Jacksonville where he dismissed a case with prejudice filed by a foreclosure mill because the law firm misled the court about key facts in the case. In its order, the court questioned the authenticity of the documents filed in three separate foreclosure cases and noted that the documents changed three separate times in order to try and fit the facts as needed by the Plaintiff at each time and that assignements appeared and vanished as needed. The court did not use the words “fraud on the court”, but has scheduled an evidentiary hearing to examine how the facts and documents kept changing…the eyes of the Foreclosure Fraud Fighting Community will be on that courtroom…there’s even talk of members of the Foreclosure Fraud Fighting Community appearing in the courtroom to witness the events.   From where I sit that may be more interesting than the OJ trial!   Read the Order below and make your own conclusions:

Smith+Order

Next, I encourage everyone to visit the 4ClosureFraud website for examples of documents that are clearly fraudulent on their face but have been submitted in courtrooms all across this state. I think we’re only just touching the tip of the iceberg in terms of the fraud that is being committed in courtrooms across this country in foreclosure cases.   Questionable documents and documents executed with dubious authority may not rise to the level of fraud on the court but the more clear cut and egregious examples clearly do.   The questions we need to be asking are:

1) Just how pervasive is the fraud being perpetrated in courtrooms all across the country?

2) What are the levels and seriousness of the fraud that is being perpetrated?

3) What are we as a society and as members of the Bar going to do about fraud?

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