ACTION ALERT – Your Input is Needed as We Craft the Florida Rules of Rocket Docket Procedure

From the Hamlet…

I’ve had it with these unwritten rules. Let’s get ’em down on paper. Submit ’em to the Florida Bar’s Rules Committee & the Florida Supreme Court and get ’em ratified once and for all!

Here’s the preliminary outline. Comments & input welcome.

Florida Rules of Rocket Docket Procedure (FlaRRocDocPro)

Applicable to foreclosure court only until such a time as they are so ingrained that they will apply to all civil and criminal actions in the state.

RULE 1.1-RD THE COMPLAINT

a) Upon the filing of an action, the Plaintiff shall present allegations that the judge shall take as truth.

b) Plaintiff’s allegations control over all else, including but not limited to, exhibits, evidence, truth, justice, and the American way.

c) Exhibits attached to the complaint shall be considered non-material, and irrelevant to Plaintiff’s fact pattern.

d) Service of the complaint to comply with the service of process statutes at the sole discretion of the Plaintiff.

e) Verification by Amended Rule of the Florida Supreme Court

i) Insufficient

ii) Perjurious

iii) Absent

f) Plaintiff’s allegations of any unmet financial obligations by the Defendant shall be the sole determining factor in the outcome of the action. (Author’s note: Can’t wait to see this one play out in criminal court.)

RULE 2.1-RD STEALTH PLAINTIFF

a) Judicial Partiality (“Bias”)

b) Confidential Client (“Undisclosed Accuser”)

c) Ex-Parte Substitution of Party Plaintiff

d) Assignment of Final Judgment

e) Assignment of Bid

f) Certificate of Title Flip

Rule 3.1-RD NOTICE

a) Notice of hearings to be as follows:

i) Defendants to refer to the local rule and/or the archaic version of the FlaRCivPro.

ii) Plaintiffs to give notice solely at their discretion.

Rule 4.1-RD EVIDENCE

a) Hearsay

b) Blocking from Defendant’s view

c) Provision of Courtesy Copy at Summary Judgment

d) Fabrication by Plaintiff’s counsel

Rule 5.1-RD TELEPHONIC APPEARANCES

Rule 6.1-RD HALLWAY HEARINGS

Rule 7.1- RD RIGHT TO PRIVACY (CLOSED ACCESS HEARINGS)

Rule 8.1- RD PRESUMPTION OF GUILT

a) Defendants

Rule 9.1-RD VERIFICATION WAIVERS

Rule 10.1-RD JUDICIAL INDUCEMENT TO CONCILIATION OVER MEDIATION

a) Up-front cost savings afforded to Plaintiff

b) Futility as grounds

Rule 11.1-RD RUBBER STAMPING

Rule 12-1 LACK OF CONSIDERATION OF THE MERITS

Rule 13.1 WAIVER OF STANDING

a) Constitutional

b) Prudential

Rule 14.1 INCOMPETENT WITNESSES (ROBOSIGNERS)

Rule 15.1 FRAUDULENT DOCUMENTS

a) Correction

b) Withdrawal

c) Adjudication based upon

d) Fabrication by Plaintiff’s counsel

Rule 16.1 AUTOMATIC SUSPENSION OF SENTENCING GUIDELINES SET IN FLORIDA STATUTE 817.545 2(d), 5(a), and 5(b).

Rule 17.1 SUSPENSION OF CONSTITUTIONAL DUE PROCESS

Rule 18.1 SUSPENSION OF CONSTITUTIONAL EQUAL PROTECTION UNDER THE LAW

Rule 19.1 -RD SUSPENSION OF SEPARATION OF POWERS (LEGISLATURE INCENTIVES)

a) Monetary incentives from the legislature

b) Commission-based case adjudication

Rule 20.1- RD SUMMARY JUDGMENT

a) Trial by

b) Allocation of time for

c) Separate judicial docketing

d) Perjurious certificate of service on Notice of Hearings

Lisa ForeclosureHamlet.org

Now head over to LINK – ForeclosureHamlet.org and help them get these rules clarified and completed by submitting your suggestions to the comment section. It looks like this will remain a “living document” so whenever the rules need to be amended to better suit the Plaintiff and/or the courts, it can be done without the authorization of anyone. We appreciate your attention to this serious matter.

~

4closureFraud.org

Comments
23 Responses to “ACTION ALERT – Your Input is Needed as We Craft the Florida Rules of Rocket Docket Procedure”
  1. Grady says:

    The bottom line is they think they are kings, our rulers, and can do anything they want without recourse. They think they are above the law. They think we can’t and won’t do anything about it. The question is, will we?

  2. Maria says:

    O.K.! We just blow steam off… However, if you have an accounts with banks, you deserve what they do to you. ALL proud Americans MUST take their money, paid and close ALL credit cards with banks. Put your money in the Credit Unions you can trust. They will give you ONE credit card, which you will be unable to overdraw. You will buy only what you can afford. Next, what is banks’ trillions of dollars? You think: this is huge room where they keep bank currency… Not at all! Nobody saw or hold such money in their life. Their money is just NUMBER in computer system, ELECTRONIC WAVES…. Nothing more. If computer system will crash (in the same manner as Fla. Computer System during elections) – their money will be GONE! Just PRAY for such electronic hurricane, which will arise ALL bank’s data together with “our debts” in the same manner as ‘FORECLOSURE HURRICANE with counterfeited documents deprives us of OUR HOMES! If everybody will pray – miracle will happen! We, probably, will use the salt as currency. If banks will accumulate ALL THE SALT of the world, we will PRAY together again …for good RAIN! Easy, ha-h?

  3. Michael says:

    Use the rules of the Star Chamber, the original “Court of Equity”:

    Origin
    – The King was annoyed by the independent judiciary so retained some functions, which eventually evolved to all functions, and appointed them in a King’s Council, which eventually formed the Star Chamber.
    – The purpose of the Star Chamber was to make money: “… amassing treasure in the king’s coffers by every means that could be devised; and almost every alternation of the laws, however saluatory or otherwise in their future consequences, had this and only this or their great and immediate object. To this end, the court of starchamber was new-modeled and armed with powers the most dangers and unconstitutional over persons and properties…” Blackstone.

    Judges
    – Judges will be appointed from the landed gentry and, in the name of equity, protect the interests of those who appointed them.
    – The Crown has authority to intervene in the extremely unlikely event a judge makes a mistake and issues a ruling the Crown disagrees with: this does not happen twice.
    – Judges were to be treated with respect no matter how disgraceful their conduct as illustrated by this Star Chamber rule: “Let all men take heed how they complain in words against any magistrate or they are gods,” Les Reports des Cases. This made Star Chamber proceedings, when open, appear oddly normal.

    Juries
    – There is no right to jury trial, in the name of fairness.

    Civil Procedure
    – Hearings will be closed unless the court, at its sole discretion, deems otherwise.
    – Record-keeping is voluntary and up to the sole discretion of the judges.
    – Pretrial litigation consists of whatever the plaintiff should want.
    – There exists a strong presumption in favor of the plaintiff; the presumption is theoretically rebuttable but the standard is so high it is virtually impossible to overcome.
    – There need be no supporting law whatsoever and, in the name of fairness, a Star Chamber judge may disregard any existing law. “… the court considered that it was free to disregard not only the ordinary rules of procedure but also the rules of law.” Holdsworth.
    – Witnesses in support of the defendanse, when allowed to testify, were routinely attacked.
    – Witnesses in support for the plaintiff need not appear in person; their testimony was read into the record and cross-examination not allowed.

    Attorneys
    – Those who do not retain counsel automatically lose.
    – Attorneys who actively defend their clients shall be ostracized and tortured.
    – Attorneys who take an unpopular client shall be punished by hostility against future clients.

    Of course, the strangest correlation is the origin. Many say it is unknown or the Court had stars on the roof. A more likely explanation is from Blackstone, who noted the Star Chamber had no stars and it’s origin is more likely from the Hebrew word shetar turned to starr and to record contracts. The Star Chamber was a literal place where important records, usually property records and wills, were kept.

    Lord Clarendon warns about the gradual increase in Star Chamber authority; jurisdiction was eventually extended “to the asserting o all proclamations and orders o state; to the vindicating of illegal commissions, and grants of monopolies; holding for honourable that which pleased, and for just that which profited; and becoming both a court of law to determine civil rights, and a court of revenue to enrich the treasury; the council table by proclamations enjoining to the people that which was not enjoined by laws, and prohibiting that which was not prohibited; and the Star-Chamber, which consisted of the same persons in different rooms, censuring the breach and disobedience to those proclamations by very great fines, imprisonments, and corporal severities; so that any disrespect to any acts o state, or to the persons o statesmen, was in no time more penal, and the foundations of right never more in danger to be destroyed.”

    The founders of the US weren’t big fans of the Star Chamber; many of our most basic Constitutional and legal protections are a direct result from abuses suffered there, which is how their families ended up … here.

    • Grady says:

      Excellent stuff Michael.

    • True!

      Silly me! Our country’s constitution now 233 years old, was drafted in many ways in opposition to these same rules.

      Why recreate the wheel? Plagiarize the Star Chamber rules and rename ’em Fla.R.RocDoc.Pro

      Lisa
      ForeclosureHamlet.org

      • Michael says:

        Here’s some verbiage suggesting what the great Justices through history, and the framers of the Constitution, would think about Florida’s brilliant rocket-docket system:

        “On account of the Lilburn Trial, Parliament abolished the inquisitorial Court of Star Chamber and went further in giving him generous reparation. The lofty principles to which Lilburn had appealed during his trial gained popular acceptance in England.[28] These sentiments worked their way over to the Colonies and were implanted after great struggle into the Bill of Rights. Those who framed our Constitution and the Bill of Rights were ever aware of subtle encroachments on individual liberty. They knew that “illegitimate and unconstitutional practices get their first footing . . . by silent approaches and slight deviations from legal modes of procedure.” Boyd v. United States, 116 U. S. 616, 635 (1886).” Miranda v. U.S., 384 US 436 (1966), majority opinion authored by Chief Justice Warren, emphasis added.

  4. Grady says:

    Here are a few more…

    Henceforth, all requests for discovery and or interrogatories from any Defendant will be ignored as irrelevant and not worthy of response, however, if a Plaintiff should have a mental lapse and forget they are under no burden to respond, a response using “legalese” deeming the Defendants request as “irrelevant”and/or a “breach of confidentiality” will carry the weight of law and immediately quash and strike such nonsensical requests from a Defendant.

    Henceforth, a Plaintiff that fails to refute any and all affirmative defenses in a Defendant’s answer, is absolved of any legal burden by their not doing so. All affirmative defenses put forth by a Defendant are just meaningless words anyway, and will not be allowed to stop or delay the rush to summary judgment. In any case, a simple statement by a Plaintiff that all affirmative defenses are invalid will carry the weigh of law and/or a Court order.

    Henceforth all request for admissions can be ignored by the Plaintiff and any failure to respond will place no legal burden on the Plaintiff.

    And finally, Officers of the Court, though their statements, unverified claims, and “created documents” will carry the weight of law and/or a Judge’s ruling on all matters they choose to “rule upon”, are discouraged and barred from appearing in open Court in their “black Judges’ robes”. This ruling does not apply to “star chamber” hearing where the Defendant is barred from appearing and on junkets provided for the Judges in appreciation of their assistance in the rush to summary judgment. Officers of the Court are free to wear their robes while attending those events.

  5. Lit Gant says:

    Rule 1.2 African-American Foreclosure policy
    (a) No black shall present to the court any evidence of fraud in respect to perjured signatures or notary attestations on any document presented by the plaintiff.
    (b) No black shall be allowed to rescind any mortgage under TILA if the said black admitted in his/her answer they owed the debt, even if said black claims they were induced by acts of bait and switch at 8:30pm in their home.
    (c) No black shall be permitted to speak in court if they are pro se unless they file a notice of appearance and agree not to bring a court reporter to hearings.
    (d) No black shall file a motion and ask for a hearing from the judicial assistant, he/she must come in the back door of the courthouse, stick their hand through a hole in the wall, and present a signed, notarized, written request to the senior judge asking permission to ride the back of the bus and thus qualify to have a hearing date set.
    (e) No black shall appeal any final orders by any white judge unless said black hires a white attorney who is trying to make a buck, and all such appeals must first be approved by the KKK chief judge of the instant circuit.
    (f) No black shall claim in any court that MERS has no authority to assign their promissory note. All blacks are to understand that MERS is a private company created by government instituted agencies and can put all African-Americans in chains if they so make assignment signed by Scott Anderson.
    (g) No black shall challenge anything MERS does in regard to their mortgage or note. Blacks agree to give up the right to challenge MERS for the great honor to live in the USA and in the great state of Florida.
    (h) No black shall stay in their home while they fight for fairness in Florida courts. If they desire fairness in Florida courts they must move out and live on the streets to prove they are legitimate and worthy litigants. All judges shall then consider these blacks not to have taken advantage of the house in which they live, which belongs to the First Bank of Fraud (FBF), even though FBF has not had an order of repossession. Any black who lives in said house for free must come into court wearing a white patch signifying “illegal squatter.”
    (i) Any black that expects any judge in Florida in the rocket docket court system to follow the rule of law shall have a statute of liberty wearing a white sheet burned in the front yard, tarred and feathered, and told to go back to Africa that in America no black can expect law to govern the courts and big banks.
    (j) Any black who dares to petition the Florida Supreme Court to make any judge follow the rule of law, shall be worthy of eviction, cancellation of food stamps and medicaid, barred from Salvation Army shelters, and his/her children cast out to the streets. Any black that disagrees with this section shall have all other rights as a US citizen revoked.
    (k) All black property owners who comply with this section shall be granted life, liberty, and justice all the days of their lives in this great state of Florida and all white judges shall then sing: “Way Down Upon The Suwannee River” as the Florida National Guard gives a 21 gun salute..
    (l) This section shall be law because there is no law that says these precepts are unjust and unfair.

  6. Elyse says:

    I have just worked on a new pleading in my case where I am suing MERS, Wells Fargo, US Bank and Cal-Western Reconveyance. My pleading is to ask the Court to demand that the Defendant’s file their Answer to my Complaint, filed 2/18/10 so we can move fore=ward with the Discovery process…which cannot begin until they file an Answer. They have been dodging their filing by filing NON MONETARY STATUS and DEMURRERS, however, that stalling tactic is the point of my new pleading!

    I will attach, as Exhibits in this pleading showing the ASSIGNMENT OF DEED OF TRUST, fraudlently signed by one Defendant, Cal Western Reconveyance to the other Defendant, US BANK and the lady that signed the ASSIGNMENT is an employee of Cal Western signing as a VP of MERS…her business card will be submitted as well showing her position with Cal Western and certainly not an employee of MERS!

    I am pushing it with my pleading so the Judge will be aware of the fraud in this ASSIGNMENT and that no other documents have ever been filed with the County Recorder, as is the LAW here in the State of California.

    My other issue in the pleading is I have the original Deen Of Trust and none of the Defendants are anywhere and no other documents to show any “chain of ownership” exists in the County Records so how can US Bank, Wells Fargo or MERS have any interest or rights to ASSIGN anything to anyone?

    I am in the highest of hopes that the Judge will ORDER them to file their Answer so the Discovery can take place and I can move forward.

    I also have received the addresses that any NEWS items must be sent to after I have sent numerous emails to CNN, GMA, CNBC, ABC, CBS etc. Perhaps a consintrated effort from this blog would be more effective if we all sent the news items at the same time to get their attention. I agree this must become National but what I have heard is the Banks own the media so we may need to meet, in force, to get the media attention!!

    Just a fun thought here, my business is I am a talent booker for celebrity impersonators and have a couple Sarah Palins, who are pretty funny ladies…we can use them for any Press Releases to get the media there!! Believe me when I say, the Media will come if they think she will be there!!! Also have Obama…Oprah…

    Just a suggestion to get the attention we need!

    I await any suggestions or replys…
    Let’s get this ball rolling!
    Elyse Del Francia
    Rancho Mirage, Ca.
    elyse@gte.net

    • indio007 says:

      Isn’t it too late to file an answer? Move for default. Stop waiting for them! DEMAND JUSTICE! Ask for sanctions for dilatory pleadings. Demand an affidavit of merit to all future pleadings as well.

      • Elyse says:

        Hello 007…

        I understood that as the Plaintiff, I could not file for Discovery until the Defendants filed their Answer…Is that not correct?

        Your response is greatly appreciated!!
        Elyse

  7. e.s. says:

    I want to add input, but looking at what is being brought into the spotlight here, looks like almost everything is being covered.

    My question: HOW DO WE GET THIS NATIONAL? What about going before the Washington Officials? I am sure that if its brought to light nationally, it will be twice as effective as statewide…. what are your thoughts on that??

    Speaking Statewide: What about another rally in Tallahassee? We NEED to get in front of our elected officials BEFORE the banking industry comes back in 2011 to re-introduce the judicial to non-judicial bill.

    • matt says:

      ya’ll haven’t gotten it yet. The politicians are in on it too. It is why this doesnt’ get national attention. It is why the audit the Fed bill got churned into nothing regulation that inthe end is only going to hurt the people and help the banks. The gov’t at all levels, the judiciary, the attorneys and all members of the bar associations across america, every single bank just about, title companies, any business that deals with mortgages is a part of this corruption. This is why they created TARP, to keep the whole house of cards from caving in on itself. The banks do indeed own the media and they own everything else too. All the paperwork we have is all no good. It all represents certificates of titles and not the actual titles themselves. They use commercial law in order to put us all under obligation to contracts they put us bound to with their legislation. This absolute control of everyone by the state finds its jurisdiction in the courts over us because of the zip code system. When this was created this turned every single place with a zip code into federal territory. Who ever needed zip codes before? All they did was change the states abreviations to two letters which was the reason for adding five digits and more to the end of an address. Before zip codes, four letters to abreviate the state you sent your mail to worked fine, but it didn’t give jurisdiction over everyone. Why do you think the explosive growth in gov’t has taken place where thirty years ago we had no agencies to regulate every single kind of work done because those who did that work had to know how to do it in order to stay in business. Now you can be a complete idiot and failure at what you profess to know how to do and still be able to continue in that profession because regulators will issue a license to them and thus they continue destroying whatever they say they have a license for. This is much bigger than just mortgage fraud, but it is definitely a fantastic place to get the wall coming down.

  8. yvonne says:

    Midterms are coming up…what about our area reps etc…and can we write to the AG regarding what is happening…just a thought…

  9. indio007 says:

    Criminal sanctions and financial sanctions for failing to timely comply or object to discovery, depositions, request for admissions and interrogatories.

    That will solve 3/4 of the problems.

  10. Grady says:

    Excellent! Here are some suggestions I don’t know where they would fit in but here goes.

    Since a foreclosure Court is a Court of equity, that “equity” will be ALWAYS be based on assuring that the Plaintiff’s desired “ends” ALWAYS justifies the means used by the Plaintiff, including but not limited to, intentional fraud on the Court, manufactured and fraudulent assignments and affidavits, etc. The Plaintiffs, the Officers of the Court that represent them, and the Court itself, will be bound by no Constitution, law, rules, precedent, ethics, etc, other than assuring that the Plaintiff ALWAYS prevails. The Plaintiffs, the Officers of the Court that represent them, and the presiding Judge will be granted full immunity from any and all charges of wrong doing or civil or criminal legal liability.

    The guiding principal of justice will be that the Plaintiff is always right and the Defendant is always wrong.

    No affirmative defense put forth by any Defendant shall be considered valid, and all affirmative defenses must be ignored by the Court.

    The right of a Defendant to due process and any “incorrectly assumed”, on the part of the Defendant, Constitutional rights to be heard or due process are now declared null and void.

    All actions in foreclosure will be based on the assumption that any and all Defendants are “dead beats” and are simply trying to live “rent free”.

    Whatever the Plaintiff alleges, even when their filings contradict what they allege and are false on their face, will be accepted as absolute truth, and all defenses and filing by a Defendant will be accepted as lies and fabrications.

    Ex Parte communications between the Plaintiff’s counsel and the Court are encouraged to “facilitate solutions” to summary judgment while the Defendant is barred from such.

    Truth will henceforth be defined as whatever the Plaintiff and the Officers of the Court that represent them allege.

    Lies will henceforth be defined and anything the Defendant alleges.

    No Motion to Dismiss from any Defendant will ever be granted and Judges shall use any hearing on a specific Motion to order ALL outstanding Motions of the Defendant dismissed without a hearing, thereby clearing and expediting the path to the summary judgment hearing to grant the Plaintiff the end it has planned.

    Even though Florida is a judicial foreclosure state, our Courts are henceforth ordered to operate as if Florida was a non-judicial state with the Court acting merely as a facilitator and expediter, a rubber stamp if you will, operating in service to their masters, the Plaintiffs. Plaintiffs will be required to provide junkets and other appropriate benefits to the appropriate parties in acknowledgment of the services they have provided.

    The primary duty of all Appellate Courts shall henceforth be to create a body of rulings, precedent law, that will effectively invalidate and effectively remove any and all defenses that any Defendant may put forth.

    Legislators, both state and federal, the Florida Bar, Officers of the Court, the Supreme Court, consumer advocates, and WE THE PEOPLE must continue to turn a blind eye to this “end justifies the means” system of “Plaintiff centered and driven justice”, FOR ALL IT TAKES FOR EVIL TO PREVAIL IS FOR GOOD MEN TO SAY AND DO NOTHING.

  11. Let’s stop the nonsense. There are rules which apply to the rocket docket. These rules are being ignored. Codification of these rules as a model Administrative Order is a good suggestion which I favor. Does anyone else out there want to get serious about this?

    • Alina says:

      absolutely. the Rocket Dockets need to be eliminated. What are your suggestions?

      • yvonne says:

        Yes…lets get serious…1. who was behind the rocket docket system? Can we return ot source with complain or to dismantle? Maybe we should get some advice from April Churney?

        2. Oath of Office for judges can be obtained for a minimal fee in Talahasee ( I cant just now remember wehre) use these as part of defense perhaps..?

        .3. are these retired jduges in their rght minds? Who are they and what sort of cases did they judged and how long ago have hey been retired? They must likely have free and cleared homes…

        4. what if everyone here would do a research and submit a list of all the so called trusts/trustee and the securitization information/pass over certificates…whatever..to see if some of these are mentioned more than once in other foreclosures…sort of different banks suing for the same trusts in differnt locations…claiming to all have the same note…your thoughts…

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