NYT on the Florida foreclosure "Rocket Docket" (Full Version)

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brokedickdog -> NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 11:09:05 AM)

A link to the article to appear in print tomorrow:

http://www.nytimes.com/2010/09/05/business/05house.html?_r=1&hp=&pagewanted=all

Morgenson is one of the few mainstream journalists that has been covering foreclosures with an accurate view and representation. I did not provide her with any of the background material for this article but I have in some of her others.

Many of the parties (Florida attorneys mostly) that are quoted in the article are a part of my national network of regular contacts.

There are additional investigations occurring beyond those mentioned. Federal and State authorities in Florida are also investigating Fidelity National Information Services, Lender Processing Services, and Docx. These companies have been providing forged and fabricated documents to foreclosure mills for several years.

The issue of forged and fabricated documents being used in foreclosures is not a problem occurring solely in Florida. I have reviewed over 2000 assignments of mortgage in my states land records and the same pattern is evident here, and that in a very high percentage of foreclosures. I am also in contact with experts in other states that report the same pattern.

The issue of perjured affidavits (and defective notary signatures and stamps) in foreclosure cases is also not limited to Florida. I have read hundreds of these affidavits from various jurisdictions, referred to as "affidavits of merit (AOM)," and the same patterns have emerged. I have also read transcripts of depositions, approximately 2500 pages of such, of the individuals executing these AOM's. I have the deposition of Cheryl Sammons. What is clear is that they are signing as many as 15,000 AOM's on a monthly basis yet they have no idea whatsoever that what they are averring as truth is actually true. When scrutinized, in almost all instances, their averments are proven to be false.

Draw your own conclusions.





pahunkboy -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 11:10:39 AM)

I am sure it will blow over.



tazzygirl -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 11:20:43 AM)

Im sure you will too.

Honestly, pa, if you cant contribute, why do you post?

To the OP. What happens if these are all found to have been handled improperly?



pahunkboy -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 11:57:46 AM)

This is business as usual.

Same deal.

Hoard GOLD.



pahunkboy -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 12:02:17 PM)

If I post the sky is falling- people get mad.   If I post everything is fine- Tazz gets mad.

The banks own it all.  You own nothing.    (that much will not blow over)

But everything is as exactly as we let it be.    Past 10 years-  slothfulness gets funded- so we see more slothfullness.    So that is to be expected.



brokedickdog -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 1:14:02 PM)

Tazzy,

My contacts and I do discuss this. We have not come up with an answer, much less "the" answer. There are problems on multiple levels. And I want to say that while the illegal and unlawful foreclosure problem is large in the extreme there is an even bigger problem and that is the failure of our judicial system to function properly. Our courts are our last resort to obtain justice, or protection, and when they fail us the options quickly become limited, and ugly. One of my Florida legal contacts, Matt Weidner, has been writing on this issue in the past several months.

To try and answer a bit more directly consider this:

Properties that have been involved in these fraudulent foreclosure actions are typically sold at auction. The purchaser is usually either the bank that claims to hold the note and mortgage (in which case they aren't purchasing, rather repossessing with no money expended), or a real estate investor. The properties are usually sold to an end consumer within 12 months. The end purchaser has no idea of the fraud involved in the foreclosure, or the fatal title defects that exist as a result. He/she is in essence an "innocent purchaser."

Mr Johnson lost his home to a fraudulent foreclosure.

12 months later Mr. Stevenson innocently purchases the home.

When the fraud is discovered and the improper summary judgment granting a judgment and order of sale to the bank is overturned the knee jerk reaction is to simply give the home back to Johnson in order to make him whole. But this would now dispossess, make homeless and injure Stevenson.

Which of these parties, inclusive of  families and pets, should be awarded the home? It was stolen from Johnson, but Stevenson purchased it without knowledge of the theft. Maybe the best thing is to let Stevenson keep it and to make the bank give money to Johnson so he and his can start over. Another problem begins at this point.

In whose name was the foreclosure filed? It could have been the originating lender, the original servicer, the current servicer, the trustee, the trust, etc. I know that foreclosures are still being filed in the name of entities that are no longer in existence. IndyMac, New Century, FairBanks, Option One Mortgage.... The list of no longer existent entities still having foreclosures filed in their names is pretty long. So Stevenson keeps the house and Johnson is awarded damages and punitive damages from Option One, but Option One no longer exists so Johnson is still screwed. Trying to collect money from a dead corporation is like shooting spit wads at a battleship.

The above scenario is played out on many levels in this game. Corporations have either failed, been sold (maybe multiple times) and have generally made themselves so bankruptcy remote that there is no party, or no place, from which to extract the funds to make Johnson whole.

This doesn't change much if we let Johnson keep the house and have Stevenson look to collect from any of these BK remote or no longer existent Corps.

The first thing that would need to happen though is for the victim to become aware that he or she has been victimized. Most people rendered homeless through a foreclosure have more important things to worry about than trying to discover frauds and pursue legal remedies through costly and protracted litigation. Think a roof over their heads, food on the table, securing their other possessions, enrolling children in new schools, all of which is having to be dealt with in an extremely destabilizing situation. Daunting to impossible.

I really don't know how the injured are going to be made whole. Victims of fraud are rarely made whole. So much of the profits made have been put out of reach that there isn't much, or anything, left to make them whole.

I know we have a combination of problems that are going to continue reverberating for decades. As an example properties involved in foreclosures are going to be rendered unsaleable. Due to the fatal title defects title insurance companies will not insure them. Now who in their right mind is going to buy property without title insurance? I wouldn't, as that would leave my liable to a claim from virtually anyone, and that virtually forever. They also go much deeper into our society than being merely financial.

Among my fears is that our legislatures, in not wanting to confront realities and the powerful players involved, will simply pass new laws that render old laws (the ones that are being broken now) without effect. This will allow the perps to simply walk away having enriched themselves many times over and in the process will have destroyed our economic stability, our judicial system and our social and familial fabrics.

Did I answer your question? I tried to keep it short.





brokedickdog -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 1:17:53 PM)

Oops, I meant to include a link to Weidners web page. He is a practicing attorney in Florida and has been advocating for homeowners in foreclosure for some time.

http://mattweidnerlaw.com/blog/



pahunkboy -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 1:42:57 PM)

MERS is already a mess.

Not all judges go for the MERS.    If anyone is very concerned- take it up with your county courthouse- see if they are aware of the MERS issues.



alwayssummer -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 5:44:47 PM)

Many thanks for passing on this article and your informed insights into these property owners' " Foreclosure Gas Chambers"
in Florida.It forebodes what will happen all over the country. I suggest anyone  look at their Gov & AG candidates & contribute effort to whichever candidate,if any, might not be sympathetic i.e. "owned" by the  banks.  Because it's not rocket science:

If Florida is allowed to continue this program,  it will spread nationwide.    The banks who created fraud from the beginning on these mortgages, made obscene amounts of fradulent money by creating phony security bundles with exponentially inflated values, grossly profited by selling them back and forth to each other, with taxpayers underwriting and  on the hook for trillions, now are performing the fraudulent coup de grasse and walking away with the properties. All now, in Florida, with full  sanction  of these kangeroo courts employing retired old fart judges to "expedite (read "collect") asap" for the banks this tsunami of  debt "they're owed."  These courts are, at the least,  unconstitutional and negligent. 

Well, it looks pretty dire and nearly impenetrable injustice the banks are pulling off against the property owner and fraud against taxpayers. Because they are not only getting these properties at fractional costs, but they are forcing property owners to continue to pay the expenses & debt plus getting underwriting money from the government(taxpayers) to cover their so called losses.  (That's another article; the educational video  was on here some months ago...I think submitted by Uncle Nasty)

This Fla attorney, Weider, is heroic in his David vs Goliath fight for his clients against the banks. I also appreciate him referring readers to the candidate for AG in Florida - Dan Gelber- who stands opposed to these pro bank fraud courts.  This candidate definitely deserves support, 

A mail campaign forwarding this NYT article to Fla Gov Charlie Crist, who's trying to be a Democratic Senator running as Independent, not a bad idea if you vote in Florida.  Remind him that he's allowing this fraud to flourish & he won't get your vote unless he suspends these courts.

It seems that the most useful fact for stopping the bank's remarketing of foreclosed properties is the probability that they have defective titles,  unsaleable to whomever buys them and indefensible to title claims while they're owned.  Perhaps if the banks ability to resell is threatened by educating consumers, they will be more motivated to deal with the homeowners in place and become responsible instead of exploiting this catastrophic mess they've created.

These are very small steps I know against the omnipotence of these banks who have even, in Florida for starters, gained  judicial
enforcement for their fraud.  It's agonizing to watch this scam become judicially enforced and, I guess, I feel it's better to try to resist on a small scale than just do nothing & watch this happen. Because whether renter or property owner, mortgage paid off or not, Repub, Dem or Indy this effects us all adversely...it is all the taxpayers who are on the hook for this fraud. 







thornhappy -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 5:56:50 PM)

quote:

ORIGINAL: brokedickdog
Oops, I meant to include a link to Weidners web page. He is a practicing attorney in Florida and has been advocating for homeowners in foreclosure for some time.

http://mattweidnerlaw.com/blog/

Earlier this year I saw an article about some feisty judges that nailed the mortgage companies for having completely bogus info on the foreclosure.  They were foreclosing with no paper trail of ownership or the lenders involved.  They were NY state court judges.  Can't remember where I saw the article originally but the WSJ also has coverage here.



Louve00 -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/4/2010 8:43:28 PM)

This article caught my attention.  You're right that this is not only going on in Florida.  In fact much of the information I learned about this (which was from Uncle Nasty (UN) and only a small, teeny-tiny fraction of what all he actually knows) says that while this is a national problem, Florida lawyers have made the most head way and done the most research, and have experience winning cases like this because of the number of foreclosure's in the state.  UN gave me alot of information from WordPress (livinglies). http://livinglies.wordpress.com/foreclosure-defense-forms/people-players-and-resources/state-laws/florida-laws/  He also says he has alot of florida contacts should I need them (and while its something I hope I don't have to do, I may have to hold him to that information, one day, as I do live in Florida and am dealing with a predatory loan servicing company)

In that website, you're sure to see cases and articles and input from Matt Weidner.  As well as good, sound information from Livinglies weblog.  UN is going thru it firsthand, and he lives in a state where most judges just don't 'get it'.  I have learned alot thru UN, Livinglies Weblog, and just researching on the web and calling these lawyers for their input.  I have spoken to Matt Weidner, as well as Carol Asbury, another foreclosure atty., and gotten their professional opinions on the matter.  I have even spoke to a HUD counselor, too.  And, I have UN on my side to turn to.  But for anyone going thru it, or who think they may be facing the situation anytime soon, there is an abundance of resources and information that one should reach out to.  It's eye opening and educational.



pahunkboy -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/5/2010 6:58:37 AM)

What can anyone DO about it.

I mean really. So we get mad?   Big deal.



Termyn8or -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/5/2010 8:53:20 AM)

Hunky, maybe there is something. Now I haven't touched alcohol or pot for over a week now and this is going to prove that I am a psychopath, but the good kind, I can'r explain it except by the following;

Wreck the fucking place. Nobody sees how you live, nobody knows the condition of your house over the years so they can't prove shit. And I post this as sober as I have ever been on this forum. That's right, wreck the place. As soon as you get the foreclosure papers, don't choose the battle, instead resort to subterfuge and sabotage. This is what the bankers did. All's fair in love and war.

Thomas Jefferson IIRC saw these motherfuckers for what they are and said that if we don't keep control over our own money, through inflation and deflation people will wake up homeless in the land for which their forefathers fought and died. Isn't that EXACTLY what is happening now ? Well if it was known 200 years ago, you would think people would know it now, except that people rely on government schools, which will not teach these principles. They would rather teach fifth graders (watch the show) about the mating habits of the red footed booby (look that up if you like). This is for good reason, keep their mind occupied so there is no time for independent thought.

Back to the subject at hand. When you get the foreclosure papers, forget settling, don't do anything, just pay the utilities and sock away some moving money. You are going to be socked for the deficit sale anyway and most likely have to file bankrupcy so the amount doesn't matter. Do everything you can, literally until the sherriff comes. Get storage for your best furniture and belongings. Wreck the rest of it. Take your best clothes out, and what's left leave in heaps on the floor, and wet them down. Pour salt water down the furnace and HVAC system. Fuck the plumbing up. Try to encourage the growth of black mold if you can.

The ideas go on and on but I think you get the drift. These motherfuckers used dirty tricks to get rich, so have at it. Don't clean anything. In fact if you're not paying the payment, move out to an apartment, and use the ex-ivory tower as a party place. Get some real charcoal and have some indoor BBQs. In fact maybe even rent it out to the filthiest people you can find. Let some homeless people stay there. Find some stray animals for pets and let them shit and piss all over the carpet and wood floors. EVERYTHING you can do to wreck the place. They have no problem ruining you, so why not return the favor ?

After a whole slew of people do this and the banks are basically foreclosing on a hole in the ground, they might reconsider. But then the BORROWER says no. You remember the thread about the guy who walked into foreclosure court with all the money to bring the account up to date and the lender refused, stating in open court that they would make more money foreclosing right ? Well if they can say no, you say no. Even if the court refuses the foreclosure, just still don't make the payment and take the opportunity to wreck the place even more. Broken plumbing resulting in a flood works well.

Remember, the house does not belong to you, it was stolen from you. If you have certain cars and they get stolen they can be disabled by satellite, rendering them useless. Do the same thing.

Outside the box.

T



Louve00 -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/5/2010 8:54:14 AM)

You can sue (or counter sue...or use as defense against) your mortgage company for a fraudulent loan.  Most of the mortgages that were granted would have never been granted if paperwork and facts weren't 'fudged' to give a homeowner a loan he couldn't afford.  But it gets kind of sticky as in the scenario bdd illustrated above plays out.  If your loan wasn't fraudulent, or paperwork, numbers, et al weren't fudged to get a loan approved, then there probably isn't much you can do about it except be mad. 

Most of the mortgage deeds were liquidated into huge clumps of investments and sold to investors.  Some deeds (most) were electronically recorded (MERS) and tracing the actual owner of that deed is near impossible.  Often times the company that sues you for foreclosure doesn't have the deed to your home, won't tell you who does (and I don't even know if they can tell you).  So it winds up being a case of someone suing someone for something that they themselves have no claim to.  



pahunkboy -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/5/2010 9:38:24 AM)

Oh great.

A computer owns my house.



brokedickdog -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/5/2010 11:36:09 AM)

I appreciate your sentiments Term but my first interest is in helping homeowners stop the banks from screwing them. If there is in any kind of "screwing" of the banks as an unintended consequence I'm OK with that but taking direct action in that regard detracts from my main objective. I do think you're spot on with your reference to the TJ quote.

pahunk, you're also spot on with your comments about MERS. MERS has been losing cases in many states in the last year or so. A recent Supreme Court case in Maine was interesting. The case can be found here: http://www.courts.state.me.us/court_info/opinions/2010%20documents/10me79me.pdf

There was also the case in Nebraska Appellate court of several years ago. The State Department of Banking had sued MERS to force them to pay fees. They won. MERS appealed and in its Appellant's Brief made so many statements against interest that I don't understand how they are winning any foreclosure suits at all. Actually I do know: Attorneys and pro se litigants putting up defenses to a MERS suit haven't seen/read that brief and are not admitting it into evidence in their case.  But when the brief is properly admitted into evidence MERS is losing. You can find a copy of that brief here: http://www.msfraud.org/index.html

You'll need to click on the tab "Law Library," then "Legal Lounge," then scroll down the list to find the "MERS brief in Neb. Dep. of Banking" link, perhaps 1/6 of the way down the list.

This list has a number of cases that are pertinent and precedential. If any of you are looking for a good source of information it is hard to find a better collection than this.

If you click on the first link in the Legal Lounge, "Cases Dismissed for lack of Standing," another page opens that breaks the list down by state. Of course it isn't complete but there are hundreds of good, solid cases.

thorn had referenced some New York Judges decisions in his response. Many of these can be found here. The list isn't complete for 2 primary reasons: 1) Most of us that are doing this research are NOT BEING PAID to do it. It is time consuming and detracts from every other aspect of my life. 2) The easiest way to find cases is online. Not all jurisdictions have their cases available online. Ohio and New York do so this list is top heavy for those two states. It also helps that jurists in those states seem to be ruling appropriately.

Some courts are becoming aware of, and ruling appropriately, on the issue of fabricated documents. It is a slow process waking up the judiciary. There has yet to have been a case argued primarily on a "forgery" type of defense, or at least none that have been decided (that I am aware of). However, there are a couple of cases I can point to that have the issue being alluded to in the courts order.

One is Deutsche v McRae which can be found here: http://www.nycourts.gov/reporter/3dseries/2010/2010_20020.htm
The court recognized that documents had been altered specifically to to trick the court into granting the order of reference.
Another is IndyMac v Bethley which can be found here: http://www.nycourts.gov/reporter/3dseries/2009/2009_50186.htm
Here the court realized the individuals executing documents and giving testimony were not reliable and ordered them to provide affidavits making statements under oath and subject to the penalties of perjury that, in essence, they are who they say they are and what they're saying is true. It has been approximately 18 months since the court order was issued and there has been no compliance.

The case of Wells Fargo v Jordan, in Ohio, is also a very good read. This case was appealed up to the Ohio Supreme Court.





Termyn8or -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/6/2010 8:38:44 PM)

broke you have to understand, there is no other way. They have the courts and the government on their side and they are making people homeless. Their tactics are underhanded and dirty and I am not stupid enough to fight clean against such things.

I don't recall exactly but what, 471,000 foreclosures in Florida in what, a year ? Now take the population of Florida estimated at 18 million. How many rent ? Having been there in the mid 1990s what I heard was it was almost cheaper to but than to rent, but so many retired there and paid cash for condos that this will not affect them.

This will not affect the greedy types who screwed the system in other states and moved there for decades to take advantage of the favorable bankrupcy laws. They paid cash, cash that they swindled from people and screwed banks out of in the first place. Many filed bankeupcy on their 91st day of residency taking advantage of the generous exemptions for a personal residence and vehicle. Really I wouldn't mind so much if those people were adversely affected.

But the reality is that the effect will hit the working class, the people who tried to live the American dream. I fully believe that the banks know this, and somehow feel immune to the effects, in that they have the government in their pocket. Believe me I looked into it because I was considering doing it. But then that was 15 years ago. The bankrupcy laws were changed which changed the whole picture. I guess it was for good reason because people were abusing the system, which is exaclty what I was thinking of doing, really.

Now these broken people are going to have to literally be practically homeless to get a chapter seven because others abused the system. The banks have analysts and they know the jobs are gone. They know they have the upper hand, I know what they do and how they are. They 'suffer' from an addiction called greed, and will kill for the almighty buck, just like a heroin addict. Well destroying these properties is like poisoning the heroin. It's all the common Man can do, unless you have any bright ideas. And they better be pretty bright ideas because we are not playing with kids.

Let's put it this way, they are in business to make money, the difference between them and people is that they don't care how they get it. I stand by my advice. You are going to be socked with a bill for a deficit sale, and some other charges. This will be at the time they choose. I'd say that time is not likely to be favorable to the borrower.

You want to know why after the bailout it was celebration time for the big bank execs ? Because they just pulled off one of the biggest scams in history. Only through war can you gain more. The net effect is that they will pretty much own the country without a shot being fired.

So 471,000 is roughly 1/36th of the total population. Let's say half of the people rent, so that is roughly estimable at 1/18th of that contingent. Since Florida was bankrupcy haven for the doucebags from up here and just about everywhere let's exclude say 1/3rd of those with homes that are paid off with ill gotten funds. Now we we are at 1/12th. Then there should be some Florida residents who own their homes honestly of what is left. Plugging that number in that should easily bring it to 1/10th of the rest. The hard working honest people who would pay their bill if their job had not been exported.

These figures are rough of course, but should illustrate my point. What's more, there is alot of stupidity in the world but I find it hard to believe that people who could engineer this 'no way out' situation do not realize that this situation is not sustainable. They knew it when they swindled the taxpayers out of billions and they know it now.

I'll tell you something I don't know. I don't know what their contingency plan is for when it all breaks down. Surely they must realize that there is no real way to insulate themselves from the effects of all this - the aftermath. There is no commodity they could possibly have, except for a few.

The way I see it, the uber riche have no other choice than to get their hands on some earthquakeproof secluded land, totally self sustaining. Their own water treatment plants, hydroponic gardens using non-mutated or non-cloned seeds, warehouses full of perpetual generators, air purification systems. Tidal wave proof. It would take alot. But if they have enough it can be done. Perhaps that is the plan. Maybe they are smarter than I thought and saw this coming, and started years ago to that end. I simply don't know. What I do know is that they have no concern for those who made them rich, which was the common Man by the sweat of his brow. Truly nasty people and I will do anything in my power to sabotage their plans.

It's either that or they, as educated as they are, as much guile as they have, are as dumb as a box of rocks. It has to be one or the other. Which do you think ?

T



popeye1250 -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/7/2010 9:04:54 AM)

Last night on CNN Anderson Cooper had an article about how all the big corporations give to congressmen's "charities" when they vote the way they want them to.
Cooper asked, "could this be cooincidence?"
No, it's called fuckin' *GRAFT*!!!
Just because some guy calling himself a "lobbyist" does it it's still fucking *CORRUPTION!*
In the old days "lobbyists" were called "Bag men!"
I thought that Obama was going to end all this shit?



brokedickdog -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/7/2010 9:35:43 AM)

Below is a link to a written transcript of court proceedings in the 15th Judicial Circuit, Palm Beach County Florida in the case of Everhome v Valez from August, 30, 2010.  Beginning on page 13 counsel for Defendant, Mr. Bangor, attempts to raise issues of fact sufficient to preclude the court granting summary judgment. The court is unwilling to entertain his defenses or questions of fact and grants summary anyway. 

http://stopforeclosurefraud.com/2010/09/06/mr-velez-i-am-sorry-for-what-the-judge-did/

Bangor points out the deficient affidavit, the uncertified and unauthenticated copy of the mortgage, the fact that the copy of the note being presented at the hearing is different from the copy of the note attached to the original complaint, etc.

Counsel for Plaintiff, Mr. Fernandez, on page 15, line 17, misinforms the court by saying "She's not entitled to the allonge."  This is a common tactic of Plaintiffs counsel in foreclosures - simply misdirect, and even lie to, the court. Court's are grossly uninformed as to the laws relating to real estate, mortgages and forelcosure so it usually works.

Bangor does contest this but without the appropriate statute in support. Article 3, Section 505 of the Uniform Commercial Code, which governs negotiable instruments, including promissory notes, states, in relevant part:

(b) Upon demand of the person to whom presentment is made, the person making presentment must:
1. Exhibit the instrument;
2. Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and
3. Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

In Florida the citation of the UCC should correspond with Florida's adoption of such and thus the citation would differ. I believe the number is 673.505 in Florida.

The point here is that Plaintiff has:

1) Has not proven it case or claim
2) Submitted documents that are not in accordance with the Florida Rules of Civil Procedure or Rules of Evidence
3) Has submitted documents that have been altered since the filing of the complaint

Page 16, line 20, the court, in spite of the issues of fact raised by Mr. Bangor grants summary to Plaintiff.

Draw your own conclusions.


Nah, the hell with that. From my experience I can state there is a high degree of likelihood the allonge in the Valez case is a fabricated document*, that it does not reflect any transaction that ever actually took place, and that under any scrutiny it would not hold up as a legitimate document/instrument. Florida courts, as well as other jurisdictions, are not allowing even the most fundamental inspections of documents being submitted by plaintiffs. In short Plaintiffs can manufacture, fabricate and forge whatever they want without fear of being held accountable or subject to criminal prosecution, and further are being allowed to deprive someone of their home. Defendant in this case, Valez, has been denied his due process rights, and that in two ways: 1) He has been denied his procedural due process rights as Plaintiff has been allowed to violate the rules of procedure and evidence (when the rules of procedure and evidence are not applied evenly then they become capricious, and thus meaningless, and 2) He has been denied his substantive due process rights because he is being deprived of his property with out a trial.



* I can do this without even seeing the document as I have already reviewed so many that are fabrications and foregeries that have been submitted in identical circumstances. The "high degree of certainty" in this instance is 90%.





EternalHoH -> RE: NYT on the Florida foreclosure "Rocket Docket" (9/7/2010 11:02:17 AM)

From the article:

"Under Florida law, a lender may pursue Mr. Waters for the difference between what it says he owes on the house and what it will fetch in a sale."



This practice of allowing the lender to sue for the difference should be prohibited in all 50 states.  Giving the lenders this safety net is why due diligence over home loans broke down in the first place.  If the lending institutions were on the hook for this difference, and had no legal recourse, there would be a hell of alot more scrutiny in the lending process to begin with.



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