HB 1523 & SB 2270 – Homeowner Relief & Housing Recovery Act & the Nonjudicial Foreclosure Act for Nonhomestead Properties – STOP the Madness of Nonjudicial Foreclosures in Florida

UPDATE 04/13/10

By Kimberly Miller

Palm Beach Post Staff Writer

Proposed legislation that would allow banks to foreclose on Florida homes without going to court died in a House committee Monday, giving supporters scant hope for success this year.

But we are not done yetSB 2270 is still alive…

The Nonjudicial Foreclosure Act for Nonhomestead Properties,

KEEP UP THE PRESSURE! KEEP UP THE FIGHT!

If/when we win this battle and kill these bad bills, the attorneys who have dedicated themselves to fighting the abuses of the court and unfairness of the banks are still taking our message to the Capital on Wednesday April, 21, 2010!

Homeowners and activists are certainly encouraged to join us there….your voices are being heard..keep up the work, keep the pressure on….

___________________________________________________________

SPREAD THE WORD!

The bill has been substituted by a far worse version than the original. It is being voted on by the Civil Justice & Courts Policy Committee on Monday April 12,2010 Tuesday Morning April 13, 2010.

READ BILL IN ITS ENTIRETY HERE AND CONTACT THE REPRESENTATIVES BELOW IMMEDIATELY BY PHONE AND EMAIL PROVIDED BELOW.

And if you can, Join Us for our “Rally in Tally” (Tallahassee) tentatively set for April 21, 2010 to meet with our local representatives and with the leadership of both houses.

The Florida Bankers Association, like a coven of evil banking wizards, hopes to commit an act of sorcery by conjuring up three letters “NON” to be placed in front of the word “Judicial” in Regards to Florida’s Foreclosure Process.

In this bill they propose changing the Florida law which currently requires foreclosures to be adjudicated through the courts to a new law which would allow foreclosures to bypass the judicial system altogether to become a NON Judicial foreclosure state.

Why? Perhaps the gravy train has foreseen a few obstacles on the track ahead (legally strong foreclosure defenses, educated judges, wiser populace, state mandated mediation requirements). These Florida Bankers may be trying to ease their way on the path of least resistance to confiscate more homes and more wealth from both the homeowners and the investors who funded these loans.

The Florida Bankers Associations’ Comments to the Florida Supreme Court Task Force on Foreclosures may shed some light on the situation.

“It is a reality of commerce that virtually all paper documents related to a note and mortgage are converted to electronic files almost immediately after the loan is closed. Individual loans, as electronic data, are compiled into portfolios which are transferred to the secondary market, frequently as mortgage-backed securities.”

“The reason “many firms file lost note counts as a standard alternative pleading in the complaint” is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file.”

Perhaps Freddie Macs’ comments to the Florida Supreme Court Task Force on Foreclosures may enlighten us as well.

“Typically, the plaintiff in a foreclosure action does not own the underlying note or loan that is secured by the property subject to the foreclosure proceeding.”

“Freddie Mac’s servicers initiate foreclosure actions in their names, even though they are not the owners of the notes or loans in question, because they are the mortgagees as shown on the land records” (by fraudulent, fabricated assignments? Or perhaps you were referring to these BOGUS assignments recorded in the land records?)

“To require investors who do not service the loan to be a party in the foreclosure action and attend mediation would be costly and unduly burdensome”

Or could it be the Florida Supreme Courts new Rules?

First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.

OR MAYBE ASSET BACKED SECURITIZATION MEANS NO NOTE?

Regardless of the statements above, this bill could be devastating to the millions of Floridians facing foreclosures caused by banks selling loans connived to a well planned default, bundling the bad debt, and betting against it to ensure a win for the banks and foreclosure for homeowners.

As it stands now, these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by the judiciary system even after they were sanctioned by Judge Olson for these same issues. If this is how foreclosures are rammed through when we have a glimmer of hope of judicial protection, imagine the steamroller effect which will potentially ensue if this bill is passed, the flood gates thrown open, and the judicial dike washed away.

So we ask the following, shall Florida:

  • Join the 37 states which allow non-judicial foreclosures to proceed without any protections whatsoever for the homeowner?
  • Allow the Bankers to smother the judicial branch as they have the executive and legislative branches?
  • Disrespect the serious efforts of the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in foreclosure?
  • Ignore the contagion of Stockholm Syndrome that has infected most of our local, state, and national politician sycophants who bow with obeisance as the bankers confiscate millions of constituents’ homes?
  • Cost shift the $1,900 foreclosure lawsuit filing fee from the foreclosing entity to the financially stressed, perhaps newly unemployed Floridian family trying to defend their home?
  • Transfer the burden of proof in a foreclosure action from the foreclosing bank which has great difficulty producing authentic, genuine evidence showing its right to foreclose, to the homeowner who has subsistence survival worries?
  • Banish pro se litigants and clients of foreclosure defense attorneys from the halls of justice, allowing entry to only those who have the funds to pay the “cover charge”?
  • Allow to go unopposed the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property titles?
  • Trust as altruistic the professed motives of the same bankers who charge egregious credit card interest rates, overdraft and late fees, place holds on deposits, and reward themselves with billions in bonuses while crushing their customers under the weight of usurious loans?
  • Eradicate the right of due process granted by the U.S. Constitution:
    • Right to a fair and public trial conducted in a competent manner
    • Right to be present at the trial
    • Right to an impartial jury
    • Right to be heard in one’s own defense

Once again the arrogance of these bankers amazes me. They crush the entire world economy with their rigged financial gambles which they shrewdly secured by the homes of American families and then craftily shifted the moral hazard blame to the hapless, defaulted homeowner who “should have known what they were signing”.  Yes.  Silly us, we everyday Americans, who go to the real estate closing on our homes assuming we will be presented with a fair and legal promissory note instead of having the awareness and knowledge of the massive pernicious frauds perpetrated by those profit takers in collusion with each other all the way up the multi-level marketing scheme of securitization.

The Bankers have taken our jobs, our savings, our 401Ks, our education funds, our public safety nets, the equity in our property, our municipality revenue source, our access to credit, and our credit scores. Florida being a deficiency state, we may lose our home to foreclosure and end up with a garnished paycheck for the deficiency.  Second mortgage holders are freezing bank accounts to get their piece of the action. Now that we have almost nothing left, will we also abdicate to these Florida Bankers our Constitutional rights?

GENERAL BILL by Insurance, Business & Financial Affairs Policy Committee and Civil Justice & Courts Policy Committee and Grady (CO-SPONSORS) Domino; Eisnaugle; O’Toole

Homeowner Relief: Creates “Homeowner Relief & Housing Recovery Act”; provides general provisions for nonjudicial foreclosures; provides criteria for notice & knowledge; provides for transactions creating security interest; provides for time of foreclosure; provides procedures, requirements, & limitations before foreclosure; specifies right to foreclose; requires notice of default; provides right to cure; provides requirements for notice of foreclosure; provides for meeting & meeting requirements to object to foreclosure; provides period of limitation for foreclosure; provides for judicial supervision of foreclosure; provides for right to redeem collateral; provides authority, requirements, procedures, & limitations on foreclosures by auction, negotiated sale, & appraisal; provides for rights after foreclosure; provides for application of proceeds, transfer of title, actions for damages or to set aside foreclosure, possession after foreclosure, judgments for deficiencies, & determinations of amounts of deficiency; provides for effect of good faith by debtor; provides authority, requirements, procedures, & limitations on discontinuation of foreclosure; provides for uniformity of application & construction; specifies relation to Electronic Signatures in Global & National Commerce Act.

Effective Date: July 1, 2010

Substitiuded bill

Committee Substitute 2

Start Date and Time : Monday, April 12, 2010 1:00 PM

End Date and Time : Monday, April 12, 2010 3:15 PM
Location : 404 HOB
Duration : 2.25

Members of the  Civil Justice & Courts Policy Committee that will be voting on this bill are listed here along with their email address and phone numbers.

Call them all then click the links and email each and every one of them

ABOUT THE HORROR STORIES OF A NON JUDICIAL STATE ,

TELL THEM ABOUT ALL OF THE FRAUD THAT IS BEING PRESENTED IN THE COURTS,

and tell them to vote NO on HB 1523

Representative William D. Snyder
District 82
Email Representative Snyder
View  Photo Album
PHONE

772-221-4904

Biographical Information

City of Residence:
Stuart
Occupation:
Career Law Enforcement, Retired
Child(ren):
David, John, Laura
Education:
Miami-Dade Community College, A.A., Criminal Justice, 1976; FBI Academy, University of Virginia, 1999; Florida Gulf Coast University
Born:
September 6, 1952, New York City, NY
Moved to Florida:
1954
Religious Affiliation:
Christian
Representative Doug Holder
District 70
Email Representative Holder
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PHONE

941-918-4028

Biographical Information

City of Residence:
Sarasota
Occupation:
Real Estate Broker
Spouse:
Shannon Holder
Child(ren):
Channing, Chase
Education:
Middle Tennessee State University, B.S., Political Science, 1990, Former Student Body President, President of Associated Student Body
Born:
December 7, 1966, Marietta, GA
Moved to Florida:
1997
Religious Affiliation:
Episcopal
Recreational Interest:
cooking, family, golf, hunting, music, skiing, tennis, travel
Representative Adam M. Fetterman
District 81
Email Representative Fetterman
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PHONE

772-873-6500

Biographical Information

City of Residence:
Port St. Lucie
Occupation:
Attorney/General Counsel
Spouse:
Mindi J. Fetterman, of Arlington Heights, Illinois
Child(ren):
Noah Louis Fetterman
Education:
Brandeis University, B.A., Anthropology, 1988-1992; Phi Kappa Psi Fraternity, Lacrosse Club; University of Miami School of Law, J.D., 1995-1998; Editor-in-Chief, University of Miami Business Law Journal; National Mock Trial Team
Born:
October 16, 1970, New Rochelle, NY
Moved to Florida:
1973
Religious Affiliation:
Jewish
Recreational Interest:
camping, canoeing, cycling, surfing
Representative Sandra “Sandy” Adams
District 33
Email Representative Adams
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PHONE

407-977-4020

Biographical Information

City of Residence:
Orlando
Occupation:
Law Enforcement
Spouse:
John H. Adams, Sr., of Waukegan, Illinois
Child(ren):
John Jr., Sonya, Kathryn
Education:
Columbia College, B.A., Criminal Justice Administration, 2000
Born:
December 14, 1956, Wyandotte, MI
Military:
United States Air Force
Moved to Florida:
1964
Religious Affiliation:
Episcopal
Recreational Interest:
travel
Representative Kevin C. Ambler
District 47
Email Representative Ambler
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PHONE

813-558-1333

Biographical Information

City of Residence:
Tampa
Occupation:
Attorney
Spouse:
Mindy Hanopole, of New Jersey
Child(ren):
Jason, Jami
Education:
Cornell University, B.A., 1983, Cornell Interfraternity Council, Judicial Administrator, AFROTC, Phi Alpha Omega Fraternity, President; Southwestern University School of Law, J.D., 1986, Moot Court Honors Board of Advisors
Born:
March 10, 1961, Los Angeles, CA
Military:
U.S. Air Force Reserve, Major, 1991-2005; U.S. Air Force 1986-1991; U.S. Air Force Reserve, Outstanding Judge Advocate of the Year 1991
Recreational Interest:
sailing, skiing, tennis, travel
Representative Carl J. Domino
District 83

Email Representative Domino
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PHONE

561-625-5176

Biographical Information

City of Residence:
Jupiter
Occupation:
Investment Manager
Spouse:
Sharon Domino, of Miami
Child(ren):
Mason Carl, Reagan Deeann
Education:
Florida State University, B.S., Accounting, 1966, Student government, Dean’s List, intramural sports, elected to Gold Key and Omicron Delta Kappa; Harvard Business School, M.B.A., 1972, Finance Club, First Year Honors
Born:
April 15, 1944, Quantico, VA
Moved to Florida:
1958
Religious Affiliation:
Catholic
Recreational Interest:
golf, reading, spectator sports, tennis
Representative Eric Eisnaugle
District 40

Email Representative Eisnaugle
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PHONE

407-893-3141

Biographical Information

City of Residence:
Orlando
Occupation:
Attorney
Spouse:
Carrie Eisnaugle, of Minnesota
Education:
Florida Southern College, B.S., 1996-2000; Vanderbilt University Law School, J.D., 2000-2003
Born:
February 6, 1977, Arcadia, FL
Religious Affiliation:
Christian
Representative Luis R. Garcia, Jr.
District 107

Email Representative Garcia
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PHONE

305-325-2501

Biographical Information

City of Residence:
Miami Beach
Occupation:
Retired Miami Beach Fire Chief
Child(ren):
Luis Rene, Jorge Luis, Alejandro Luis
Grandchild(ren):
Nicolas Luis, Tomas Alexander
Education:
National Fire Academy, Executive Fire Officer, 1997; Miami-Dade Community College, A.S., EMS Management, 1990; Paramedic Certification, 1977; Emergency Medical Technician, 1974
Born:
December 8, 1945, Marianao, Cuba
Moved to Florida:
1960
Religious Affiliation:
Catholic
Recreational Interest:
history, sports
Representative Audrey Gibson
District 15

Email Representative Gibson
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PHONE

904-353-2180

Biographical Information

City of Residence:
Jacksonville
Occupation:
Public Relations and Legal Liaison
Education:
Florida Community College, A.A., 1976; Florida State University, B.S., Criminology, 1978
Born:
March 15
Religious Affiliation:
A.M.E.
Recreational Interest:
formula racing, horseback riding, music, sporting events (football, basketball), theatre, weight training
Representative Eduardo “Eddy” Gonzalez
District 102

Email Representative Gonzalez
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PHONE

305-364-3066

Biographical Information

City of Residence:
Hialeah
Occupation:
CAC Florida Medical Center; Business Development Leader
Spouse:
Barbara “Barbie” Gonzalez, of Hialeah
Child(ren):
Evan Mathew, Ethan Angel, Sianna Nicole
Education:
Miami-Dade College, Business Management and Administration, 1992
Born:
November 9, 1969, Cardenas, Matanzas, Cuba
Moved to Florida:
1971
Religious Affiliation:
Roman Catholic
Recreational Interest:
boating, football, softball, swimmin
Representative Tom Grady
District 76

Email Representative Grady
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PHONE

239-417-6200

Biographical Information

City of Residence:
Naples
Occupation:
Attorney
Spouse:
Ann Grady, of Gainesville, Florida
Child(ren):
Lauren, Ryan
Education:
Florida State University, B.S., Finance, summa cum laude, 1979; Alpha Lambda Delta Honor Society, Beta Gamma Sigma Honor Society, Phi Kappa Phi Honor Society, Editor of College Republican newsletter; Duke University, Juris Doctor with distinction, 1982
Born:
May 14, 1958, Fairview Park, OH
History:
Legislative Page for the House, 1972; House Intern, 1978-1979; R.W. “Mac” Grady, father, Rockledge City Council, 1962-1965, Mayor of Rockledge, 1966-1976
Moved to Florida:
1958
Religious Affiliation:
Christian
Recreational Interest:
boating, cars, reading, SCUBA, skiing
Representative Julio Robaina
District 117

Email Representative Robaina
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PHONE

305-442-6868

Biographical Information

City of Residence:
Miami
Occupation:
AT&T Employee
Education:
Miami-Dade Community College, A.A., 1983
Born:
September 1, 1961, Miami, FL
Religious Affiliation:
Catholic
Recreational Interest:
camping, fishing, hunting, mountain biking, SCUBA diving
Representative Robert C.  “Rob” Schenck
District 44

Email Representative Schenck
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PHONE

352-688-5005

Biographical Information

City of Residence:
Spring Hill
Spouse:
Megan Schenck, of Muncie, IN
Child(ren):
Micheal, Isabella
Education:
Pasco-Hernando Community College, A.A., 1995; University of Central Florida, B.S., 1998
Born:
July 8, 1975, Somerville, NJ
Moved to Florida:
1980
Religious Affiliation:
Methodist
Representative Perry E. Thurston, Jr.
District 93

Email Representative Thurston
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PHONE

954-762-3743

Biographical Information

City of Residence:
Plantation
Occupation:
Attorney
Spouse:
Dawn Board, of Cleveland, Ohio
Child(ren):
Alison Thurston, Perry E. Thurston III
Education:
Morehouse College, B.A., Finance, 1982; University of Miami, J.D., 1987
Born:
January 30, 1961, Pompano, FL
Religious Affiliation:
Baptist
Recreational Interest:
basketball, football, tennis
Representative James  W.  “Jim” Waldman
District 95

Email Representative Waldman
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PHONE

954-956-5600

Biographical Information

City of Residence:
Coconut Creek
Occupation:
Attorney; General Counsel, Keiser University
Child(ren):
Jacquelyn, Steven
Education:
University of Connecticut, transferred, 1978; University of Florida, B.S.B.A., Finance, 1980; Nova University Law School, J.D., 1985
Born:
March 21, 1958, Washington, DC
Moved to Florida:
1977
Religious Affiliation:
Jewish
Recreational Interest:
golf, scuba diving, skiin
Representative Michael B. “Mike” Weinstein
District 19

Email Representative Weinstein
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PHONE

904-213-3005

Biographical Information

City of Residence:
Jacksonville
Occupation:
Prosecutor
Spouse:
Sara Weinstein, of Florham Park, New Jersey
Child(ren):
Scott, Daryl, Danielle
Grandchild(ren):
Logan, Stryder, Mills
Education:
Hartwick College, New York, B.A., Political Science, basketball and baseball teams; California State University, Long Beach, M.S., Criminal Justice Administration; Florida State University, A.B.D., Criminology; University of Florida, J.D.
Born:
February 6, 1949, Livingston, NJ
Moved to Florida:
1975
Religious Affiliation:
Christian
Recreational Interest:
boxing, golf, physical training, working out

Election season is coming up.   We are watching.

Together, we have the power of our collective voices and votes. The Bankers have thrown down the gauntlet. Let’s accept their declaration of war and fight back.

Again, enough is enough.

Contact your representatives today…

4closureFraud

Definition of Fraud from one common online resource:

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.

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