Judges in Pinellas County FL Have Begun to Deny Defendant’s Motions To Dismiss Without Hearing – A Stunning Denial of a Homeowner’s Fundamental Rights!
Ex-Parte Orders Denying Motions To Dismiss
THE COURTHOUSE IS CLOSED TO LOCAL HOMEOWNERS WHO PAY TO KEEP IT OPEN!
by Matthew D. Weidner, Esq.
Last week I reported a rumor that judges in Pinellas County were going to begin denying Motions to Dismiss without having a hearing on the matter and accordingly, without fully considering the legal issues and facts contained within the Defendant’s motion. Those rumored orders have begun to surface, with the judges including the following findings in the Orders:
- No evidentiary issues are presented by Motion and the court is thus able to rule w/o hearing.
- Complaint contains all necessary allegations to state a cause of action for foreclosure.
- Court must assume all facts alleged in complaint are true and must confine itself to four corners. Temples v. Fla. Indus. Const, 310 So. 2d 326
- Fact that Plaintiff are not named mortgagee is not basis for dismissal; assignees has same status* as if named in mortgage. Foster v. Foster 703 So. 2d 1107
- Plaintiff has alleged that is is holder of note. Being the holder of negotiable instrument is all that is necessary to have standing & mortgage note is a negotiable instrument per Fla. Stat 673.1041; Mason v. Rubin, 727 So.2d 283.
A fundamental issue raised in many Defense Motions to Dismiss is that the note and mortgage attached to the complaint say that one creditor is owed the money sued upon and thus has the right to collect the money from the borrower, while the form allegations contained within the Plaintiff’s poorly-drafted complaint provide that another party (namely the Plaintiff) has the right to collect the money claimed in the lawsuit. When challenged on these crucial details, the Plaintiffs often commit fatal evidentiary and pleading issues by submitting false affidavits questionable endorsements and bogus assignments of mortgage.
Ironicly, on a side note, you can
STOP WASTE IN ITS TRACK!
REPORT FRAUD WASTE & ABUSE
OF PINELLAS COUNTY RESOURCES
right on Pinellas Countys website or by sending an email here fraudhotline@pinellascounty.org
to the…
“Public Integrity Unit”
Division of Inspector General
Fraud Hotline
400 Cleveland Street, 4th Floor
Clearwater, Florida 33755-4041
*Guess they havent seen how BOGUS some of these assignees can be…
4closureFraud
www.4closureFraud.org
Related posts:
- An Anarchist’s Strategy To Dismiss Every Foreclosure In Florida
- HUGE Victory for Homeowners in the State of Florida – 2nd District Court of Appeals Issues Stunning Shot Across the Bow of US Financial Institutions
- Defective Paperwork Strips Mortgage Holder of Foreclosure Rights NO. 09-CV-10988-PBS
- Freddie Mac Comments on the Final Report and Recommendations on Residential Mortgage Foreclosure Cases Florida Supreme Court
- Florida Bankers to States Citizens: “Bend Over!!! Your Assets are Mine!!!” Florida Consumer Protection and Homeowner Credit Rehabilitation Act
I am currently fighting a Junk Debt Collector and i am a resident of Pinellas county. I am writing a motion to dismiss as we speak on the grounds of no evidence what so ever and failure to produce discovery. I truly hope the judge does not tread on my civil right sand allow such a travesty. But we will see, and i will post a follow up.
What has happen to our country? What has happen to our Judicial system? Have we forgotten the constitional rights that our fore fathers and all americans have fought for and died for to have these rights. This is the best country in the world but we are getting to the point of government violating these rights in washington and in the Judicial system.Why is it that if you owe money on a credit card and are being sued by the so called creditor you can get a trial if you choose, interrogatories, discovery on a small siut and with someones home the biggest asset they will ever have you are not being given this right.Judges and congressman & senators, I think you had better take a long look at this problem as you are breaking the law and the last time I read the constitution is still in place and is the law of the land.
So this is what it finally comes doen to in Good Ole America? Not just take a citizens homes but to strip their right to protect themselves? No difference to Terrorism!
I see VIOLENCE in the near future. Whats next our cars? Our children? The air we breathe? What do we have left?
Everyone needs to be prepared for what the future will bring! WAR