Chief Judge Peter Blanc of PBC FL Ponders Jurists’ Role in GMAC/Ally Financial Foreclosure Cases

“We are supposed to act on things brought to our attention, but if no one files anything, I’m not sure what will or should happen.”

Ummm…

I am speechless on this one…

From the Palm Beach Post…

Money money money, money…
By Kimberly MillerPalm Beach Post Staff Writer

WEST PALM BEACH — Palm Beach County Chief Judge Peter Blanc is trying to decide whether judges can take a more active role in examining foreclosure cases after a meltdown in Ally Financial’s foreclosure proceedings last week.

Blanc said Monday that there has been an increase in requests by lenders and loan servicers to cancel foreclosure sales and vacate judgments following the disclosure that Ally was freezing portions of its foreclosure operation in 23 states, including Florida.

While judges granted those requests, Blanc said he was concerned about cases in which defective foreclosure affidavits aren’t being brought to the court’s attention, possibly because the borrower has given up or walked away from the home.

Um, so you are saying it hasn’t been brought to the courts attention???

You and your “Judges” know exactly what is going on and it has been brought to your full attention months ago…

Also, he’s unclear on whether the court should scrutinize past cases for flaws.

“It puts us in an untenable position because we can’t both investigate and decide,” Blanc said. “We are supposed to act on things brought to our attention, but if no one files anything, I’m not sure what will or should happen.”

So, you are saying you allow known massive fraud to infect your court but it only becomes an issue if it is pled?

Blanc said he was looking at case law regarding the duties and responsibilities of judges to see whether there is precedent for the current situation. But he said Florida’s foreclosure crisis has brought many unique challenges to the courts and there is likely little historical guidance.

That is because this is the largest ponzi scheme this world has ever seen…

“There’s nothing that’s business as usual,” Blanc said.

So make a damn decision on what is right and stop playing ignorant…

PEOPLE ARE LOSING THEIR HOMES DUE TO FRAUD…

Ally Financial Inc., which changed its name from GMAC this year, has halted foreclosure sales, evictions and homeowner lockouts after finding problems with some of its foreclosure affidavits.

The affidavits, which are being withdrawn from courtrooms statewide, were signed by a GMAC employee who said he had personal knowledge of each of the estimated 10,000 cases he signed every month.

In a deposition, the employee acknowledged he was not familiar with the details of each foreclosure and that a notary was not always present for the signings.

Foreclosure defense attorneys say it’s common practice for lenders and servicers to put only a few people in charge of signing off on tens of thousands of foreclosures. They speculate that more banks will take precautions similar to Ally’s.

Ally spokesman James Olecki said Monday that the company was confident that the errors did not result in any inappropriate foreclosures and that the substantive contents of the affidavits were factual.

How can an affidavit that is sworn to be true, based on personal knowledge, be factual under penalty of purjury, when the affiant did not know the facts?

It is a fatal flaw that can not be corrected. How do you “correct” hundreds of thousands of cases with someone who has personal knowledge of the facts???

“We are exercising an abundance of caution to preserve the integrity of the process and reviewing every affidavit in the states in question even though we know that not every affidavit will be affected,” he said.

Yea, right…

Check out the rest of the Palm Beach Post article here…

And, again as always, make sure to get you comments in on the original post…

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4closureFraud.org

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Letter From Cheif Judge Blanc RE Foreclosure Crisis
[scribd id=38321943 key=key-1pzxcoyoke0o5o5ngqv1 mode=list]

Comments
4 Responses to “Chief Judge Peter Blanc of PBC FL Ponders Jurists’ Role in GMAC/Ally Financial Foreclosure Cases”
  1. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    Judge Blanc,

    I’m a high school drop out with absolutely no formal legal training. I am, however, still aware that jurists have latitude to act on their own initiative, without any prompting from either party. I expect you covered the Latin term “sua sponte” in law school. The Ohio federal jurists (Boyko, Rose, Holschuh, O’Malley) are clearly familiar with the term and they took appropriate action as a result.

  2. housemanrob says:

    TO MICHAEL, BRAVOOOOOOOOO !!!!!!!!!!!!!! LET US SEE THE JUDGES RESPONSE TO THAT OFFER. I look forward to it.

  3. indio007 says:

    Judges act at there own peril. If wants wants to be complicit in an unlawful taking without the requisites jurisdiction it his assets on the line. It’s a sad state of affairs when a judge doesn’t know his duty to do SUBSTANTIAL justice. That would be the affidavit dummy! Would it be too difficult to perform due diligence ?
    Lazy bastard. Most of these affidavits are defective ON THEIR FACE.

    Connely v Woods
    These are the only grounds upon which it is claimed that the justice of the peace did not have jurisdiction to issue the order of attachment, or that he wrongfully issued the same. Are these grounds sufficient to render the justice liable? We would hardly think they are. The affidavit for the order of attachment was sufficient on its face;….
    The affidavit for the order of attachment was sufficient on its face; and the affidavit is the principal thing upon which a justice of the peace issues the order of attachment,…..

    What happens when not sufficient on it’s face? HE/SHE is liable for his actions.

  4. Michael says:

    OK – Michael excuse me for the first semi-commercial posting on your site but I want this one on the record.

    Judge Blanc: We at little Legalprise have a monster database and technology that scans for fraud electronically. We also have systems we haven’t started to use to crowd-source and verify documents: allowing the public to check them. Our primary hurdle is obtaining data — getting electronic copies of the documents — but if you’d just issue an order we’d get them from the Clerk at absolutely no cost to the County and allow them to be audited by the public at no charge.

    We’re just down the street from the Courthouse and happy to come over anytime, explain how we can take the case files electronically (again, at no cost to the County), and allow others to inspect and flag them for fraud, besides the auditing work our servers do automatically. Just call: 561-847-3443 or write olenick -at- legalprise.com.

    PS: Any other judge or Clerk that wants the same .. same offer. Happy to publish the case files for the public to review and flag w/ concerns, as well as electronically audit. It won’t cost your County anything at all.

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