RUSHING FORECLOSURE,
IGNORING JUSTICE
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Florida Courts Dash To Clear Foreclosure Backlog At Homeowners’ Expense
“I haven’t seen any widespread problem,”
Sasser said.
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And that’s all I have to say about that…
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You know, with rampant unemployment, which is also a huge factor in foreclosures Nationwide, I see a huge industry developing out of all of this. Tens of Thousands could be employed going through these cases, even the ones already ruled on, Titles of unlawfully decided foreclosed properties are now clouded. They need to be cleared, justly. The Education Industry should be developing new curriculum that specific addresses these issues. Licensed Attorneys should align themselves with Entrepreneurs to set up “Legal” Enterprises to make this happen. Software writers should be writing “specific application software”, combining the Federal and State specific Laws, along with scan and read (word recognition) software, and error identification techniques in the loan applications (altered, forged, unworldly timelines, etc.) , to be developed to make this happen. Larry Ellison, if you read this, what a great opportunity to use your “cloud” computing practices to make this a NATIONAL database.
This could be a great opportunity for this Country to employ so many and to show the world that we really do live by “The Law”, and not just by arrogant avarice and greed.
I mean, it seems to me we got one hell of a batch of lemons right now, we need to figure out not just how to stop it, of course that, but also how to make the Nation’s citizens profit from it.
And from what I’ve read of this entire fiasco, which, I’ve read everything I could find now for 3 years+, I think that Sanctions against the Banks ought to fund it. All of it.
But that’s just my thoughts… I guess I could be wrong.
You are NOT WRONG. Problem even deeper: I have two (2!) volumes Case, I ALREADY PROVIDED ALL INFORMATION that there is NO STANDING. Judges DO NOT READ! Opposing Lawyer Mr. Villanueva DID NOT file ANY ANSWERS or REBBUTALS to my numerous Motions. He just set the Hearings, reads topics of MY (I did not hire him to represent me! I’m here and I can talk for myself, though I have an accent!) Motions than looks at Judge: “DENIED?” Judge, “DENIED!” They DENIED even Judicial Notice with the Fla. Statutes! Than Lawyer tossed the “PROPOSED ORDER” prepared home and provided me with immediately signed Order. There is no time given to examine what he ‘advised’ the Judge and no time to oppose… This is 100% EX-PARTE COMMUNICATIONS, which are prohibitted by LAW. Three Transcripts are available (they are challenged, but something left to understand what kind of ‘HEARINGS” it were). My Case No.: 16-2009-CA-011566. Look at it, please. By the way, I found recently that my house costs $100.00! There are no any legally recognized improvements exist. House has no A/C (do you remember +104* temperature? In my house feels like +110! Can you survive in this $100 Palace? I did so far…thanks God!), no hot water, but has MOLD, brocken applainces, rotten floors, leaking roof: list of desasters so long as your hand!). This house EVEN NOT CONNECTED TO CITY SEWER I paid for seven years! All ‘stuff’ I bare at back yard like cat. You can say: you need to see what you bought!” In 2003 I had very limited English and the broker pushed me to sign paper that I give up my rights to her and if I’ll not, she’ll stop to work with me. I asked her lot of questions. She said, “Everything under control, you will get your papers at Closing”. She lied to me. There were NO PAPERS at all, just Mortgage (with 10-digits and nowhere registered number) & Note. What should I do?
If I’m not mistaken isn’t there something about a Constitutional right to Due Process? I know they weren’t reading my filings so I ended up submitting an Emergency Motion Requesting the Court to Rule on the Constitutionality of Prior Court Decisions in this Matter. Haven’t heard a response yet. But the issue seems the same to me. Don’t ever stop fighting. Take a break every now and then but just keep fighting. When you stand with the truth, you have the best defense. John R.
Like I’ve been saying. Sue the judge. When there is no standing in the plaintiff any act by the judge is a trespass except dismissal.
People need to start getting offensive not defensive.
Ok! It is high time to stop the carping and griping about the lawless behavior of senior judges in Dade County lawlessly imposing summary judgment on foreclosure defendants in rocket docket proceedings. A recent contributor provided eleven points about how to prepare for an appearance in front of a “hanging judge”. This is a well intentioned exercise in futility. Instead, it is time for members of the local bar to practice what they preach by joining together and appealing one of these cases for the defendant and all other defendants similarly situated in the Circuit.
The attorneys need to form a committee and select a lawsuit for appeal. Next, if local practice allows, file a motion for a rehearing en banc. Such a motion needs to be filed prior to an appellate appeal. It is essential, if possible, to get all the judges in the Circuit on record about the lawless proceedings being conducted by senior judges. Naturally if such a proceeding en banc is either unsuccessful or unavailable, appeal should be made to the appellate court for the Circuit.
The bases for appeal which occur to me are as follows:
1. Failure to provide the type of hearing mandated by the provision requiring a hearing before issuing summary judgment prescribed by statue in the Florida Code.
2. Denial of “due process” as required by the Florida Constitution and the Constitution.
3. Denial of equal protection as required by the Florida Constitution and Constitution because other judges are according defendants hearings which comport with due process.
4. Assigning foreclosure cases exclusively to unelected senior judges in derogation of their temporary assignment under Florida law.
If the group appearing on behalf of such an appeal would like my assistance, I will make myself available.
Excellent, Richard, I totally concur. This is DIRECTLY from the Florida Bar News regarding hiring retired judges to rocket these foreclosure through the system:
…”And there’s an incentive bonus for circuits that successfully clear the backlog early. The chief judge may request in writing to use these “foreclosure and economic recovery” funds to handle contracts and indebtedness cases, and county civil cases valued from $5,001 to $15,000:
Also:
“It may be that we judges have to be more aggressive. I have to do that with case management. There’s just so much you can order lawyers and litigants to do. The court cannot become oppressive.
“We want to meet the Supreme Court’s goal, but we want to make sure everyone’s due process rights are done. We don’t want to just look at the numbers. We are a court system, not a CPA firm.”
It’s really amazing. Here is a link to the article: http://www.floridabar.org/divcom/jn/jnnews01.nsf/8c9f13012b96736985256aa900624829/fae69478af748ac08525778500642d07
By the way:
Incentive-driven objectives in our government must be CAREFULLY scrutinized.
Paying judges to quickly clear the dockets is ABSOLUTELY THE SAME THING as paying cops to give lots of tickets. Absolutely a conflict of justice served, and it is HORRIFYING that it IS HAPPENING IN BROAD DAYLIGHT. A shameful, shameful day for the Florida Courts if they allow this to continue. It’s sickening.
Yes, this is like the worst type of CANCER. Hopefully, this is just TREATABLE 1st stage.
I saw once in the public transportation how the homeless person was arrested because he did not have one dollar for ticket to go to Hospital… It is CRIME! But Theirs Honors judges are stealing our HO– USES WITHOUT DUE PROCESS and get PAID for this from people’s …TAX MONEY! Cool, ha-h? It seems, that the Senior Judges elected to finish their lives in the …PREASON. DO YOU? Leave for us an answer right here, PLEA-A-A-SE.
All I can say is that judge sasser needs to pull her head out of her…sand and take a closer look.
Oh and then, once you see the truth, tell the rest of your buddie judge friends. Especially the ones working with the banks.
Once precedent is set, anywhere in this country, shouldn’t that precedent be followed?
wow i’m lost here.
A man of few words who speaks volumes.