AN ARMY OF HOMEOWNERS
If Homeowners want to change the system then Homeowners have a duty to fight these foreclosures which are filed by Plaintiff’s who often cannot prove that it owns the very loan it seeks to foreclose.
Right now there is a numbers game going on. Judges and Plaintiffs’ Attorneys know that they can do whatever they want – ignore the law, prevent discovery into issues the prove the Plaintiff has been paid for the loan or does not own the loan, make it difficult to depose necessary witnesses (to name a few) – because the individual Homeowner does not know the difference or what to do if the wrong decision is made by the Judge.
Right now only about 5 percent of the homeowners hire attorneys to fight their foreclosures. That means that even if the Plaintiff Lenders’ and their Attorneys fabricate evidence, falsify documents, forge notes or obstruct justice 95% of the time the Foreclosure will go through and the Homeowner’s house is sold. The few times that the Plaintiff Lender is challenged does not matter in the overall picture of this ponzi scheme.
We must change this dynamic if we as Floridians want to change what is happening in the courts. If 30% of the Homeowners facing foreclosure fight then the numbers change as well as the dynamics.
If more Homeowner’s fought then Plaintiff Lenders must pay more to defend their actions. More of these fraudulent documents come under scrutiny. Judges will find it more and more difficult to railroad cases through the court system. More cases will go up on appeal, if the right attorney is chosen.
More Homeowners must hire attorneys to fight against these foreclosures from Plaintiffs who probably cannot prove ownership of these loans. Without Attorneys, Homeowners cannot fight properly.
If we want to fight the Banks, the Lenders, and their Attorneys then a whole lot more Homeowners need to hire attorneys to fight those who were the primary cause of the loss of jobs, the devaluation of our homes, and our crumbling economy. We need to change the numbers so that so many homeowners are fighting and questioning the Plaintiff Banks/Lenders that the Judges can no longer ignore our demands for the evidence – all of the evidence.
Instead of a few Homeowners fighting, 30% of those facing foreclosure must hire attorneys to fight foreclosure. This will send a message to the judiciary that Floridians will not just roll over. Numbers speak. Don’t walk away. Be a part of an Army of Homeowners who will not take it any more.
~
You want People to stand up and fight. Great, only problem is you and no one else gives a good avenue of approach. Your approach will not work simply because you are telling the People to stand up and fight by hiring attorney’s. 95% of the People cannot afford attorney’s, to fight for them. They are lucky if they can afford the medications (insulin, heart meds…..) to keep them alive.
We need a different approach. We the People need to stand up and send a message. Not only the People who have lost their homes but everyone. Current home owners, renters, leases, this effects everyone. So we all need to unite and stand up against the crimes that are being committed against us. Start by setting up a nationally known strike. A strike were no one goes to the bank for a month.
We all need to do our part to stop this crime wave. As a team and as individuals!!!
Attorney’s step-up, Take 10 free mortgage cases. Save 10 People’s homes. Judge’s step-up, Look at the forged documents in front of you and say no! This will not happen today or any other day. Police step-up, you have the power to arrest these thieves!!!! Teachers step-up teach us about mortgages, loans, taxes.
So ho do we find a good attorney to hire? I have been consulting with one, however I am not sure he is the guy to handle my mess.
people do not know they can fight. the mentality is i cant pay my mortgage we better leave. most people do not realize that there was abreach somewhere that put people in homes we can not afford now. predatory lending and appraisal fraud number one. its very hard for me to do nothing when my house is a vicitm of appraisal fraud and every time i read the paper another mortgage broker is convicted and jailed for straw buying and house flipping raising home prises. yet nothing is odne to help the homeowners. i feel i am in a vacuum when i read those stories. i heard it was happening an d now i am a victim
I fought my foreclosure , but the Law-less system won …
but not for long. ..I’ll recover my house someway , somehow ..
Fought for 2 yrs. And 9 mo. But my house was sold .. I Appealed but I am still waiting
Meanwhile I filed a Quiet Title pro se ….still waiting
Until we the ex-homeowners and foreclosure victims start marching in front of the Court House , holding
pickets denouncing that the Judges violation of the 5th and 14th Amendment …nothing will happen ….!
Until we the ex-homeowners , and foreclosure victims start making filers and start giving them to
the public in front of the Court House the better ..nothing will happen !
If anyone knows the Orlando city.. law requirement to picket and hand out flyers in front of the Court House ,
please send me the info… We have to start a CivIl Rights Protest ,to expose the public of the Circuit
Judges abuses . These Judges are not Gods and above the law …they are Government employees ..
Luigie
hi luigie i live in weeki wachee i am losing my house. my cousin is a law in jacksonville. she has bee learning from April charney a foreclosure lawyer also in jacksonvile you may want to contact her. yes we are all losing our homes. i actually found a small tibit that might tell you why. well number one salaries did not rise the past 5 years but health insurance, food and gas has. My appraisal for the house i bought 3/06 had a home on the market for 225 and sold for 240. actually tomorrow i am contacting my hernando county commissioner for my district and the property tax assessor. i am piso upset,. so if that was done to appraise my houe imagine how many bogus appraisals were out there to jack up prices. and as everyone on the internet says i didnt have to buy my house. but we depended on the banks to approve us for ahome we could afford. its just a horrorr and i cry everynight i have 3 children please how do we fight these issues
luigie i will be there i am right across state road 50 i nhernando county. its awful owver here. spring hill has so many empty homes and my area north west hernando county so many empty houses bees are making new homes. its incredicble. so many foreclosures. the problem is foreclosure has a stigma conected to it means you are poor and cant pay your mortgage. its more like the bank scr´´wd you now we have to scr´´w the bank. play at their own game. ask for the note, point out rampant appraisal fraud drove up prices. sorrry to here about your appeal.. signing the summary judgments against homeowners is also a scam. 1900dollars per appeal. i know we live in a greedy socoety. first our trusted property appraisers let us down by not reporting over valuation then the judges foreclose on us and make us pay 1900 bucks doesnt make sense our eleted officials would do this. please where do we start. we need to origninize a state wide trip to talahassee to the capitol. just like we did for property taxes. maybe we can form some type of grass root foreclosure fighting brigade get some one to sponsor us a senetor maybe marco rubio or you local guy in orlando gerard i think. we need each countyin florida to send people. we need to be known f++k the foreclosure stigma we need our voices out there
Great website, love getting updates, thank you for providing this.
I have so many issues with my loan and loan servicer, but it comes down to being lied to left in a loan set up to fail and a loan servicer who’s goal is clearly foreclosure. I have tried on my own for four years to resolve this, but I could not change it or force them to be honest with me.
I wrote letters to any and all powers that be and got no where in the replies. I was left to feel like my family does not matter and the abuse we have gotten means nothing.
We saved for months going without for an Attorney to fight for our home. I truly believed that was our last and only hope left. It was more of a betrayal from them to take our hard earned money and give no services after telling us we had a good case. To hear later we were not the only clients to be treated like this is beyond cruel when desperation sets in and you just want justice served.
Anyway I just wanted to say please be very careful who you hire and I wish you all the best in saving your homes, Catherine
I am losing my home and want to fight…but we are broke…there ARE no monies to hire an attorney!
I’m fighting too, but didn’t wait for FC. I’m in a nonjudicial state & decided to be on the offensive rather than the defensive. Yes, it will cost a lot of money to fight, but I would rather pay my “trial” payments for my OWN trial than keep making the never-ending trial payments for a crappy modification that could be capriciously yanked out from under me in a matter of months. MERS and pretender-lenders LOOK OUT, because here we come! If we all made our own” trial” payments on competent legal help and stopped throwing away that same money every month on the pretender lenders, imagine what we could do…
I applaud each and every homeowner who fights their forclosure. Carol is right about the courts and (bank)lawyers who will easy do their best to prevent homeowners from being heard. Except for a few courageous and judicious JUDGES, the judges and courts are turning a blind eye to the written law. These are not accidents when the entire country sees the same results in foreclosure proceedings. New Jersey is a judicial state in foreclosure, but it’s not judicial in the courts. To my knowledge, there is only one JUDGE in the whole state of New Jersey who stepped up and indirectly put the rest of the judges on notice in a 53-page opinion that they must also follow the LAW.
From my experience, trying to read everything on how to fight your foreclosure because I believe I have a real case does not translate into being able to defend my case. Finding funds to hire an attorney who is knowledgeable in foreclosures was/is the most important step. It’s not about the price you’ll pay an attorney, it’s about your right to defend your rights to the best of your abilility to keep your home.
Best of Luck to Everyone
I am doing everything in my “neck of the woods” to fight this evil, and I have a bit of a testimony of what occurred in court today with my husband and I. We went to our Summary Judgement Unlawful Detainer hearing…BUT, what we had done 2 days ago seemed to turn the tides. We were desperate not to lose our home, so we filed to Remove to Federal Court…and we succeeded! We brought up the issue of “Federal Question”, diversity/jurisdiction, issues of title and contract, all of which cannot nor will not be heard in a UD court…but will be heard in Federal court. I have copies of all of our docs to send to anyone who wishes to see what we have done. My email is: rdeamicis@juno.com Of course, we still have to win the Fed Case, but at least this is a start. We need them to hear all the issues that are so relevant to a typical foreclosure case, and a Federal case my just be the place to do it…all without risking losing your home in the meantime!
Best Wishes to my Fellow Foreclosure Fighters, ~Ruth~
We have absolutely no recourse..everything is a stall.
From Loan Modification Purgatory to Foreclosure Hell
Wells Fargo put them in a HAMP three month trial modification program in December, and they made all their payments.
http://www.calculatedriskblog.com/2010/09/from-loan-modification-purgatory-to.html
I TOTALLY AGREE that we SHOULD fight!
BUT, the problem lies in the fact that alot of attorneys (especially in my local area) do NOT understand this process.
I called attorneys all over Florida, and most told me that they were too far away to take my case… I felt hopeless.
I consulted with about 30 attorneys in my local area, and some actually told me that they are AFRAID of the banks and the SEC, and that fighting will not help.
I had one attorney tell me that I seemed like a nice gal, but I should just quit worrying about fighting for a house that has lost value.. I COULD NOT BELIEVE HOW HE WAS MISSING THE POINT ENTIRELY!
I am STILL LOOKING for an attorney who does understand, and is willing to FIGHT! If I find no one, I will fight pro se, but procedurally, I feel very inadequate.
I do hope others fight though.. ALL IT TAKES FOR EVIL TO PREVAIL IS FOR ONE GOOD PERSON TO DO “NOTHING!”
Well done and well said Carol!
Many who do fight become discouraged and wonder if there is more fraud committed inside the courtroom than outside. Many also worry about the Statute of Limitations and what constitutes tolling. It seems to me that the sheer financial, emotion and physical damage these insidious crimes inflict upon INNOCENT homeowners should warrant tolling considerations as it is part of the financial crime. Fraud on the court, concealment of the facts, withholding evidence, evidence tampering – including assignment and notary fraud and perjury must also factor in. You may want to shed some light on that.
Victims of these crimes can even become paralyzed by the devastation caused by these pretender lenders. They may know how to stand up for their rights, but if the court ignores them, then what do they do?
Many of these cases warrant criminal charges, but it appears to me that law enforcement is only interested in the little people committing mortgage fraud against financial institutions.
We all appreciate everything you do Carol.
I agree the homeowners should hire an attorney to represent them with these fraudulent foreclosures. But what about the ones that cannot afford an attorney and do not qualify for services thru Legal Aid Societies? Our home was sold back to the bank (Option One Mortgage Corp(AHMSI) w/Wells Fargo Bank, NA as trustee and Shapiro & Fishman LLP as their Attorney) 11/02/2007. I fought doing the best I could as pro se, and was finally evicted from our home 06/09/09. Everyone that I spoke w/said they could not help even some attorneys. I am still in the fight to help and assist others. I have assisted two homeowners to remain in their home in our lovely county of Volusia(Deltona,Orange City). Because our Attorney General (McCollum) has begin an investigation into the 3 largest law firm bringing foreclosures in Florida, I have submitted my docs and everything to Tallahassee, praying that something good will come out of it for the ones of us that has already lost our home due to fraud and corruption. I also read the article in the Orlando Sentinel because I am a subscriber, I pray that everything will work out for Ms. Garcia eventhoug she has now been deplored to Iraq. It’s just a shame. 4closurefraud KEEP UP THE EXCELLENT WORK, YOU ARE REALLY HELPING THE MASSES.
please send me an email i live in hernando county weeki wachee i love my home and do not want to lose it
i found a fraudulent appraisal. jodiandre@yahoo.com