Void Foreclosure Judgments Everywhere…They’re Subject to Collateral Attack Forever

From Weidners Blog…

A void judgment is a nullity, a brutum fulmen… and is subject to collateral attack and may be stricken at any time.  The passage of time cannot make valid that which has always been void.

Ramagli Realty v. Craver, 121 So. 2d. 648

Commit that quote to memory and repeat it often, it’s from a 1960 Florida Supreme Court Case.  Begin every conversation with attorneys from the foreclosure mills with that quote.  Read the quote to every realtor, title company, judge and policy maker.  Given what we know about “sewer service” and all the other improper activities of the service of process companies, title companies and foreclosure mills, we should all be very skeptical of any affidavits of constructive service and any judgments of foreclosure that are based on constructive service.

In our rush to push through foreclosure judgments and based largely on misplaced trust in the affirmations made by foreclosure mill attorneys to the court, summary judgments of foreclosure are being entered where there are real questions of fact and law.  While these cases are troubling enough, the real problems are those cases where the judgments are void because the court totally lacks jurisdiction over the parties based on faulty or improper service of process.

Most borrowers can be located with true and honest diligent search and inquiry, (just like the so-called lost notes), but like so many other facets of foreclosure work, the foreclosure mills and their minions have decided to take the path of least resistance, throw up a facially incorrect affidavit then move along to the next case.  Problem is…(repeat the quote)

A judgment entered without service of process, or faulty constructive service is void and may be attacked at any time.  See M.L. Builders, Inc. v. Ward, 769 So.2d 1079 Parties seeking relief from a judgment that is void are subject only to the “reasonable time” requirement of Fl.R.Civ.P. 1.540(b) in addition, in DeClaire v. Yohanan, 453 So.2d 375:

the Florida Supreme Court approved a chart which indicates that there is no time limitation for attacking a void judgment under Rule 1.540(b).

The Emergency Motion I’ve attached here lays out the facts that are important for courts to consider and contains most of the important case law that courts must apply when considering the issue.  You’re going to be hearing a lot more about Void Judgments and bankrupt title insurance agencies and we’ll all be suffering the consequences of all this slop for decades to come….remember that we were all amply warned of the consequences.   Soon I’m going to publish some information about another stunning phenomena- foreclosed homes that have unmarketable title due to judgment defects.

And now for the good stuff in this post…the Emergency Motion:

Head over to Matt’s blog here to get a copy of the Emergency Motion To Cancel Sale – Void Judgment and continue read the post in its entirety…



4 Responses to “Void Foreclosure Judgments Everywhere…They’re Subject to Collateral Attack Forever”
  1. Larry Becking says:

    This has to be a really dumb question, but those are the kind that seem to seek me out for the asking: I once tried to find the ‘born on’ date of a house in the historical paperwork I had, but could find nothing but references to the lot on which the house was built. So, is there the equivalent of a ‘certificate of birth’ for a house? And, if not, how is a claim made for anything other than the property? And, the next question is, who can own property (land)? That is, ownership with an unencumbered title.

  2. Ashley de Vega says:

    I am one of the worst victim of predatory lending and the entire foreclosure process but I live here in California and I don’t know who to talk to. I consulted with a Real Estate lawyer and he told me that whatever is going on in Florida do not apply here in California. Took my $200.00 and said goodbye.
    Just to mention briefly some of the facts. 1) loan was made without seeing my own application, the loan broker completed it. 2) documents were signed thru a traveling notary and no loan documents were received.
    3) first notice received from the lender was already a delinquent notice, loan docs were all backdated. 4) when I contacted the loan broker, branch office already closed, main office was under jury investigations. 5) loan was sold to numerous lenders, after several months of tracing, loan was already in default. 6) property was sold at a trustee sale, 4 days later, the local real estate agent by order of the new lender locked up the house, with tenants asleep, dogs barking in the backyard.. 7) contested the eviction, but lost. The judge’s comment was, “hire a real estate lawyer, there is so much fraud in this transaction). and as I have mentioned, the lawyer took the money and basically said, oh well”.
    My question, do you have anyone here in California who I can consult with.? I will appreciate any help you can provide.
    Thank you.

  3. J in CO says:

    This breathes new life into those that have been ruled upon for sure. I am in this very process now with a corrupt judge. I also found some cases for those Pro Se/Sui Juris folks out there whose constitutional rights have been violated.

    It has been held that where a judge violates a party’s legal and or constitutional rights, the judge loses jurisdiction. See Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct 1019(1938)

    Attack the judgement as you can do so for a void judgement forever. Attack the Judge for misconduct if you have evidence to do so. Justice will not return until we force it to be returned.

    Great Job Matt!

  4. Matt, you are the best!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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