Comments on: WHOA! Florida Judge Wipes Out Homeowner’s $207,000 Mortgage! http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/?utm_source=rss&utm_medium=rss&utm_campaign=whoa-florida-judge-wipes-out-homeowners-207000-mortgage Fighting Foreclosure Fraud BY SHARING THE KNOWLEDGE Wed, 23 May 2012 11:36:12 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Did Palm Beach County Florida Just Announce it is a NON-Judicial County? « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2925 Did Palm Beach County Florida Just Announce it is a NON-Judicial County? « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge Wed, 30 Jun 2010 02:27:48 +0000 http://4closurefraud.org/?p=5265#comment-2925 [...] Judge Jennifer Bailey [...] [...] Judge Jennifer Bailey [...]

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]]> By: Open Letter to Judge Meenu Sasser 15th Judicial Circuit of Florida RE: Foreclosure Court « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2504 Open Letter to Judge Meenu Sasser 15th Judicial Circuit of Florida RE: Foreclosure Court « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge Mon, 07 Jun 2010 03:58:38 +0000 http://4closurefraud.org/?p=5265#comment-2504 [...] recently read the transcript of a hearing in front of Judge Jennifer Bailey in Dade County wherein she sanctioned the Bank/Trust for disregarding an order by the court to post [...] [...] recently read the transcript of a hearing in front of Judge Jennifer Bailey in Dade County wherein she sanctioned the Bank/Trust for disregarding an order by the court to post [...]

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]]> By: Judge Jennifer Bailey Receives Community Service Award for Working to Ease “The Crushing Overload of Foreclosure Cases Clogging the Courts.” « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2503 Judge Jennifer Bailey Receives Community Service Award for Working to Ease “The Crushing Overload of Foreclosure Cases Clogging the Courts.” « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge Mon, 07 Jun 2010 03:26:24 +0000 http://4closurefraud.org/?p=5265#comment-2503 [...] Circuit Judge Jennifer Bailey, who has led a statewide task force on residential mortgage foreclosures, received a community [...] [...] Circuit Judge Jennifer Bailey, who has led a statewide task force on residential mortgage foreclosures, received a community [...]

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]]> By: Andrew http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2434 Andrew Sat, 05 Jun 2010 15:01:09 +0000 http://4closurefraud.org/?p=5265#comment-2434 “You are filing pleadings in court every day and you don’t even know what’s going on with the case,” she told Huffman, the HSBC lawyer. “In no other species or kind of law would that be remotely acceptable, or frankly, anything short of malpractice. But somehow in Foreclosure World everybody thinks that is just fine, that you can know absolutely nothing about your files and walk in here and ask judges for things left and right without even knowing what’s going on.” This has got to be my favorite quote to date...TY Judge Bailey “You are filing pleadings in court every day and you don’t even know what’s going on with the case,” she told Huffman, the HSBC lawyer. “In no other species or kind of law would that be remotely acceptable, or frankly, anything short of malpractice. But somehow in Foreclosure World everybody thinks that is just fine, that you can know absolutely nothing about your files and walk in here and ask judges for things left and right without even knowing what’s going on.”

This has got to be my favorite quote to date…TY Judge Bailey

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]]> By: Roy Beach http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2287 Roy Beach Thu, 27 May 2010 17:53:06 +0000 http://4closurefraud.org/?p=5265#comment-2287 Stupendous man you are probably right. Absence a showing of wilfull and malicious disobedience of the court's order, a "fine" of $400+K is probably extreme.Then again any sanction must be of such a nature as to cause the offending party to sit up and take notice so as to ensure the bad conduct is not repeated. Let's hope it stands up on appeal. Stupendous man you are probably right. Absence a showing of wilfull and malicious disobedience of the court’s order, a “fine” of $400+K is probably extreme.Then again any sanction must be of such a nature as to cause the offending party to sit up and take notice so as to ensure the bad conduct is not repeated. Let’s hope it stands up on appeal.

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]]> By: Stupendous Man - Defender of Liberty - Foe of Tyranny http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2224 Stupendous Man - Defender of Liberty - Foe of Tyranny Tue, 25 May 2010 20:36:54 +0000 http://4closurefraud.org/?p=5265#comment-2224 As I consider this further I'm not sure the decision will hold up on appeal, if it is appealed. If I were HSBC I certainly would appeal. A mortgage is an equitable instrument. As a matter of equity the judge has authority to cancel the mortgage. A note is different. I'm thinking it is a matter of law. I don't know that she has authority to declare the note null and void as a matter of law. (this appears in the transcript on page 17) An appellate ruling could be along the lines of affirming on the mortgage, but reversing on the note. This would give HSBC an unsecured note. In that case a BK could perhaps wipe away the unsecured obligation under the note. I've been fighting foreclosure for 2.5 years. I've heard a lot in that time about "bad law" being written by pro se litigants submitting inarticulate, muddy, imprecise pleadings. This may be a case of the trial court writing bad law through an order that over steps its authority. If I'm in error here I'd sure like to hear from others that can point out the error in my interpretation. As I consider this further I’m not sure the decision will hold up on appeal, if it is appealed. If I were HSBC I certainly would appeal.

A mortgage is an equitable instrument. As a matter of equity the judge has authority to cancel the mortgage.

A note is different. I’m thinking it is a matter of law. I don’t know that she has authority to declare the note null and void as a matter of law. (this appears in the transcript on page 17)

An appellate ruling could be along the lines of affirming on the mortgage, but reversing on the note. This would give HSBC an unsecured note. In that case a BK could perhaps wipe away the unsecured obligation under the note.

I’ve been fighting foreclosure for 2.5 years. I’ve heard a lot in that time about “bad law” being written by pro se litigants submitting inarticulate, muddy, imprecise pleadings. This may be a case of the trial court writing bad law through an order that over steps its authority.

If I’m in error here I’d sure like to hear from others that can point out the error in my interpretation.

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]]> By: Stupendous Man - Defender of Liberty - Foe of Tyranny http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2222 Stupendous Man - Defender of Liberty - Foe of Tyranny Tue, 25 May 2010 20:17:39 +0000 http://4closurefraud.org/?p=5265#comment-2222 Florida statute 673.3091(2). Florida statute 673.3091(2).

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]]> By: Stupendous Man - Defender of Liberty - Foe of Tyranny http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2221 Stupendous Man - Defender of Liberty - Foe of Tyranny Tue, 25 May 2010 20:08:49 +0000 http://4closurefraud.org/?p=5265#comment-2221 Although not covered in the transcript the bond was required under UCC 3-309(2). Although not covered in the transcript the bond was required under UCC 3-309(2).

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]]> By: Arpad http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2220 Arpad Tue, 25 May 2010 19:37:09 +0000 http://4closurefraud.org/?p=5265#comment-2220 Hi Everyone, What a great news in this case. I see the tide is slowly turning in our direction and i hope more and more Judges realize what is going on in the Courtrooms every day. BTW, anybody knows what FL. statutes the defense used to get the Judge to order the posting of the Bond?? Hi Everyone,
What a great news in this case. I see the tide is slowly turning in our direction and i hope more and more Judges realize what is going on in the Courtrooms every day. BTW, anybody knows what FL. statutes the defense used to get the Judge to order the posting of the Bond??

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]]> By: Patricai http://4closurefraud.org/2010/05/25/whoa-florida-judge-wipes-out-homeowners-207000-mortgage/comment-page-1/#comment-2214 Patricai Tue, 25 May 2010 14:01:06 +0000 http://4closurefraud.org/?p=5265#comment-2214 WAY TO GO!!! TAKE THAT YOU THIEVES!!! CONGRATULATIONS TO ORLANDO ESLAVA! WAY TO GO!!! TAKE THAT YOU THIEVES!!! CONGRATULATIONS TO ORLANDO ESLAVA!

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