Florida Supreme Court Says it is Powerless to Freeze State Foreclosures – I Disagree and Offer a Solution

This just in from the Palm Beach Post…

By Kimberly Miller
Palm Beach Post Staff Writer

Florida Supreme Court powerless to freeze state foreclosures

Excerpts from the report…

The Florida Supreme Court says it has no authority to freeze foreclosure proceedings as was requested by U.S. Rep. Alan Grayson in light of state investigations into three foreclosure law firms and allegations they submitted fraudulent foreclosure documents.

In a letter today responding to the Orlando congressman’s request, Clerk of Court Thomas D. Hall said the court has no authority under the Florida constitution or court rules to intercede in pending cases on the basis of allegations of attorney misconduct. The court also has no authority to investigate allegations of fraud or misconduct in foreclosure cases.

“Allegations of fraud in particular foreclosure actions must be raised and adjudicated at the trial court level,” the letter states. “Trial court errors are subject to appellate review.”

For the rest of the article go here…

Florida Supreme Court Letter to Rep Alan Grayson RE Foreclosure Freeze
[scribd id=38327451 key=key-1mcpew6s8854r8g6q8ub mode=list]


I disagree that they are powerless and would like to offer a possible solution.

And this is where the solution lies…

From the above letter from the Supreme Court…

While the Chief  Justice has the authority to  issue orders suspending or tolling time deadlines in cases under circumstances that involve natural disasters, he has no authority under the Florida Constitution or court rules to intercede in pending cases on the basis of  allegations of  attorney misconduct, and he has no authority to investigate allegations of  fraud or misconduct in foreclosure cases.

You will see what I am referring to in the case below…

I am not an attorney and this is not legal advice, but more of an idea to possibly solve this crisis that is destroying this state…

I wrote this article this past 4th of July weekend and recopied it here in full.

Please read the below in its entirety and please feel free to expand on this. I think it can truly be done…

Foreclosure Rocket Dockets in FL are NOT the Answer – What Can Be Done and What Has Been Done RE: A State Wide Moratorium on Foreclosures

As I sit here on this 4th of July weekend to write this article and reflect on what is happening in this once great nation, it saddens me that it has gotten this bad…

If you really take a step back and evaluate where all this madness has taken us, it can really hit you hard…

How did we let things go so far??? 4closureFraud dot org

We, as a nation, as the people of this nation, need to take back what has been stolen from us.

Again, what is happening here was no accident. It was the biggest ponzi scheme ever perpetrated in the history of the world.

There are many many reports to back up that claim but you will not find any in the mainstream media. No, the mainstream media is owned by the same players that orchestrated the biggest heist in the history of the world…

Well, I for one refuse to sit back and let this crisis happen without doing everything in my power to make a difference.

Have I? 4closureFraud dot org

I like to think so…

Since I decided to do whatever I could to change the foreclosure paradigm, amazing things have happened with the help of a very special core group…

A group of Foreclosure Fraud Fighters that has emerged out of Florida with a power to be reckoned with.

We have done amazing things, and I truly believe, without our efforts, Florida would have a completely different landscape.

Now, I am not saying Florida is anywhere close to where it needs to be, but it is a start.

If we do not keep up the fight, and hard, I am afraid of what the future will bring. 4closureFraud dot org


With that said, I would like to present a possible solution to the Foreclosure Crisis in Florida…

Below are quotes from an AFFIRMED opinion from the SUPREME COURT OF THE UNITED STATES…

(emphasis added by me)

The Act provides that, during the emergency declared to exist, relief may be had through authorized judicial proceedings with respect to foreclosures of mortgages, and execution sales, of real estate; that sales may be postponed and periods of redemption may be extended. The Act does not apply to mortgages subsequently made, nor to those made previously which shall be extended for a period ending more than a year after the passage of the Act (Part One, § 8). There are separate provisions in Part Two relating to homesteads, but these are to apply “only to cases not entitled to relief under some valid provision of Part One.” The Act is to remain in effect “only during the continuance of the emergency…

So it is possible for the courts to protect the people instead of disposesing them… 4closureFraud dot org

The Act declares that the various provisions for relief are severable; that each is to stand on its own footing with respect to validity. Part One, § 9. We are here concerned with the provisions of Part One, § 4, authorizing the District Court of the county to extend the period of redemption from foreclosure sales “for such additional time as the court may deem just and equitable,” subject to the above described limitation. The extension is to be made upon application to the court, on notice, for an order determining the reasonable value of the income on the property involved in the sale, or, if it has no income, then the reasonable rental value of the property, and directing the mortgagor

to pay all or a reasonable part of such [p417] income or rental value, in or toward the payment of taxes, insurance, interest, mortgage . . . indebtedness at such times and in such manner

as shall be determined by the court.

Invoking the relevant provision of the statute, appellees applied to the District Court of Hennepin County for an order extending the period of redemption from a foreclosure sale. Their petition stated that they owned a lot [p419] in Minneapolis which they had mortgaged to appellant; that the mortgage contained a valid power of sale by advertisement and that, by reason of their default, the mortgage had been foreclosed and sold to appellant…

because of the economic depression appellees had been unable to obtain a new loan or to redeem, and that, unless the period of redemption were extended, the property would be irretrievably lost, and that the reasonable value of the property greatly exceeded the amount due on the mortgage, including all liens, costs and expenses.

On the hearing, appellant objected to the introduction of evidence upon the ground that the statute was invalid under the federal and state constitutions, and moved that the petition be dismissed. The motion was granted, and a motion for a new trial was denied. On appeal, the Supreme Court of the State reversed the decision of the District Court.

It is this judgment, sustained by the Supreme Court of the State on the authority of its former opinion, which is here under review.

The state court upheld the statute as an emergency measure. Although conceding that the obligations of the mortgage contract were impaired, the court decided that what it thus described as an impairment was, notwithstanding the contract clause of the Federal Constitution, within the police power of the State as that power was called into exercise by the public economic emergency which the legislature had found to exist.

The court said: 4closureFraud dot org

In addition to the weight to be given the determination of the legislature that an economic emergency exists which demands relief, the court must take notice of other considerations. The members of the legislature come from every community of the state and from all the walks of life. They are familiar with conditions generally in every calling, occupation, profession, and business in the state. Not only they but the courts must be guided by what is common knowledge. It is common knowledge that, in the last few years, land values have shrunk enormously. Loans made a few years ago upon the basis of the then going values cannot possibly be replaced on the basis of present values. We all know that, when this law was enacted, the large financial companies which had made it their business to invest in mortgages had ceased to do so. No bank would directly or indirectly loan on real estate mortgages. Life insurance companies, large investors in such mortgages, had even declared a moratorium as to the loan provisions of their policy contracts. The President had closed banks temporarily. The Congress, [p423] in addition to many extraordinary measures looking to the relief of the economic emergency, had passed an act to supply funds whereby mortgagors may be able within a reasonable time to refinance their mortgages or redeem from sales where the redemption has not expired.With this knowledge, the court cannot well hold that the legislature had no basis in fact for the conclusion that an economic emergency existed which called for the exercise of the police power to grant relief.

Sound familiar??? 4closureFraud dot org

Justice Olsen of the state court, in a concurring opinion, added the following:

The present nationwide and worldwide business and financial crisis has the same results as if it were caused by flood, earthquake, or disturbance in nature. It has deprived millions of persons in this nation of their employment and means of earning a living for themselves and their families; it has destroyed the value of and the income from all property on which thousands of people depended for a living; it actually has resulted in the loss of their homes by a number of our people and threatens to result in the loss of their homes by many other people, in this state; it has resulted in such widespread want and suffering among our people that private, state, and municipal agencies are unable to adequately relieve the want and suffering, and congress has found it necessary to step in and attempt to remedy the situation by federal aid. Millions of the people’s money were and are yet tied up in closed banks and in business enterprises.

How about that??? 4closureFraud dot org

We approach the questions thus presented upon the assumption made below, as required by the law of the State, that the mortgage contained a valid power of sale to be exercised in case of default; that this power was validly exercised; that, under the law then applicable, the period of redemption from the sale was one year, and that it has been extended by the judgment of the court over the opposition of the mortgagee-purchaser, and that, during the period thus extended, and unless the order for extension is modified, the mortgagee-purchaser will be unable to obtain possession, or to obtain or convey title in fee, as he would have been able to do had the statute [p425] not been enacted. The statute does not impair the integrity of the mortgage indebtedness. The obligation for interest remains. The statute does not affect the validity of the sale or the right of a mortgagee-purchaser to title in fee, or his right to obtain a deficiency judgment if the mortgagor fails to redeem within the prescribed period. Aside from the extension of time, the other conditions of redemption are unaltered. While the mortgagor remains in possession, he must pay the rental value as that value has been determined, upon notice and hearing, by the court. The rental value so paid is devoted to the carrying of the property by the application of the required payments to taxes, insurance, and interest on the mortgage indebtedness. While the mortgagee-purchaser is debarred from actual possession, he has, so far as rental value is concerned, the equivalent of possession during the extended period.

In determining whether the provision for this temporary and conditional relief exceeds the power of the State by reason of the clause in the Federal Constitution prohibiting impairment of the obligations of contracts, we must consider the relation of emergency to constitutional power, the historical setting of the contract clause, the development of the jurisprudence of this Court in the construction of that clause, and the principles of construction which we may consider to be established.

Emergency does not create power. 4closureFraud dot org

The Constitution was adopted in a period of grave emergency.

While emergency does not create power, emergency may furnish the occasion for the exercise of power.

Although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed.

Undoubtedly, whatever is reserved of state power must be consistent with the fair intent of the constitutional limitation of that power. The reserved power cannot be construed so as to destroy the limitation, nor is the limitation to be construed to destroy the reserved power in its essential aspects. They must be construed in harmony with each other. This principle precludes a construction which would permit the State to adopt as its policy the repudiation of debts or the destruction of contracts or the denial of means to enforce them. But it does not follow that conditions may not arise in which a temporary restraint of enforcement may be consistent with the spirit and purpose of the constitutional provision, and thus be found to be within the range of the reserved power of the State to protect the vital interests of the community.

The reservation of state power appropriate to such extraordinary conditions may be deemed to be as much a part of all contracts as is the reservation of state power to protect the public interest in the other situations to which we have referred. And if state power exists to give temporary relief from the enforcement of contracts in the presence of disasters due to physical causes such as fire, flood or earthquake, that [p440] power cannot be said to be nonexistent when the urgent public need demanding such relief is produced by other and economic causes.

It is manifest from this review of our decisions that there has been a growing appreciation of public needs and of the necessity of finding ground for a rational compromise between individual rights and public welfare. The settlement and consequent contraction of the public domain, the pressure of a constantly increasing density of population, the interrelation of the activities of our people and the complexity of our economic interests, have inevitably led to an increased use of the organization of society in order to protect the very bases of individual opportunity. Where, in earlier days, it was thought that only the concerns of individuals or of classes were involved, and that those of the State itself were touched only remotely, it has later been found that the fundamental interests of the State are directly affected, and that the question is no longer merely that of one party to a contract as against another, but of the use of reasonable means to safeguard the economic structure upon which the good of all depends.

It is no answer to say that this public need was not apprehended a century ago, or to insist that what the provision of the Constitution meant to the vision of that day it must mean to the vision of our time. If, by the statement that what the Constitution meant at the time [p443] of its adoption it means today…

“We must never forget that it is a constitution we are expounding, a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” Id., p. 415. When we are dealing with the words of the Constitution, said this Court;

we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. . . . The case before us must be considered in the light of our whole experience, and not merely in that of what was said a hundred years ago.

Nor is it helpful to attempt to draw a fine distinction between the intended meaning of the words of the Constitution and their intended application. When we consider the contract clause and the decisions which have expounded it in harmony with the essential reserved power of the States to protect the security of their peoples, we find no warrant for the conclusion that the clause has been warped by these decisions from its proper significance, or that the founders of our Government would have interpreted the clause differently had they had occasion to assume that responsibility in the conditions of the later day. The vast body of law which has been developed was unknown to the fathers, but it is believed to have preserved the essential content and the spirit of the Constitution. With a growing recognition of public needs [p444] and the relation of individual right to public security, the court has sought to prevent the perversion of the clause through its use as an instrument to throttle the capacity of the States to protect their fundamental interests. This development is a growth from the seeds which the fathers planted.

Applying the criteria established by our decisions we conclude: 4closureFraud dot org

1. An emergency existed… which furnished a proper occasion for the exercise of the reserved power of the State to protect the vital interests of the community. The declarations of the existence of this emergency by the legislature and by the Supreme Court… cannot be regarded as a subterfuge, or as lacking in adequate basis… the economic emergency which threatened “the [p445] loss of homes and lands which furnish those in possession the necessary shelter and means of subsistence” was a “potent cause” for the enactment of the statute.

2. The legislation was addressed to a legitimate end, that is, the legislation was not for the mere advantage of particular individuals, but for the protection of a basic interest of society.

3. In view of the nature of the contracts in question — mortgages of unquestionable validity — the relief afforded and justified by the emergency, in order not to contravene the constitutional provision, could only be of a character appropriate to that emergency, and could be granted only upon reasonable conditions.

4. In the absence of legislation, courts of equity have exercised jurisdiction in suits for the foreclosure of mortgages to fix the time and terms of sale and to refuse to confirm sales upon equitable grounds where they were found to be unfair or inadequacy of price was so gross as to shock the conscience.

5. The legislation is temporary in operation. It is limited to the exigency which called it forth.

Judgment affirmed. 4closureFraud dot org

HUGHES, C.J., Opinion of the Court


290 U.S. 398

Home Building & Loan Assn. v. Blaisdell


No. 370 Argued: November 8, 9, 1933 — Decided: January 8, 1934

Welcome to the Greatest Depression…

Please educate everyone you know on these issues… 4closureFraud dot org

Please share this with every friend, media outlet, social networking group, website, blogger, attorney, politician and judge that you can.

Tell them that there are other solutions available to sort all this out besides rocket dockets of summary judgments to disposes entire communities…

With all that is now known about what has been done, the frauds that have been perpetrated on the people of this country, I couldn’t see how there could be any another way than a temporary moratorium on foreclosures until all this can be “sorted out” and the parties responsible for this crisis are prosecuted.




Full Opinion and Syllabus below…


Michael Redman


Syllabus – Home Building & Loan Assn. v. Blaisdell
[scribd id=33869788 key=key-2g94v738qr5lay7c6le6 mode=list]

Opinion – Home Building & Loan Assn. v. Blaisdell
[scribd id=33869838 key=key-1ei9q961biux1mtw1ga1 mode=list]

11 Responses to “Florida Supreme Court Says it is Powerless to Freeze State Foreclosures – I Disagree and Offer a Solution”
  1. housemanrob says:

    If this ECONOMIC CATASTROPHE contnues on and on and on and on………………. history says over and over again………….. Yogi Berra once said “you could look it up”……. EVENTUALLY PEOPLE IN THE USA WILL GET THEIR GUNS AND DO SOMETHING ABOUT IT THEMSELVES! that is what is scary, the breakdown of civilization!. Think not? “You could look it up”.

  2. Michael says:

    He also has a partner, super-lobbyist Alberto Cardenas. Guess where Cardenas worked? On the Board of Directors of Fannie Mae when they decided to dramatically ramp-up their business. Last I checked he was still a senior Fannie lobbyist; he’s a Republican super-lobbyist but gives money to lots of Democrats too. Just type keywords like cardenas, tew cardenas, tew, etc.. into the website opensecrets.org — that cross-references lobbying money with people and companies — and see what pops out.

    But, in the words of the late, great US Supreme Court Justice Louis Brandeis: “Sunlight is the best disinfectant.” Or, as I say, “Vampires are reminded to stay out of the sun.” I don’t think Stern’s gonna’ escape this one. But unless we make changes to the foundation some other scumbag, who’s smart enough to keep a lower profile, will just take his place. We need to focus on fixing the foundation: take away the corporate welfare, allow Fannie & Freddie to fail, force the Fed to release the notes on the open market — maybe give homeowners a right of first refusal to buy their note out of its pool at whatever it’s trading at — and the foreclosures quickly end.

  3. Jan says:

    The Tenth Amendment to the Constitution – “The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, OR TO THE PEOPLE.

    It’s time the PEOPLE stood up and DEMANDED by DECLARATION, what we want done. If the 3 branches of government won’t stop the thieves, nor the State legislature or courts, it IS the PEOPLE that hold the power!

    I’m sure every single homeowner would be willing to stand up if it meant stopping the financial terrorists that are taking over our State and country. The American Revolution AND the civil war were both fought against a tyrannical power aligned with the bankers that were attempting to bring financial ruin to the people and control them. This battle has been going on for a long time, centuries. Our property taxes and income taxes (enacted since 1913) are “payments” to the banking empire run by the private corporate Federal Reserve. They took our wealth after the fake debt bubble they created in 1929. Same thing in 2008. Actually, the country and the government was in the black, but because of the “system” they set up in 1913 where they get interest payments for “issuing” the debt currency, they needed to “collapse” the economy in order to push us into debt again and confiscate our properties so they can profit. Then they confiscated our gold in 1933 and gave us back their worthless paper currency that they issue “out of thin air” of which is considered our “debt”.

    Yes folks, it is a big battle we are faced with and the current powers that be, don’t want to stand with the people. They are biting the hand that feeds them. They cleverly use their “laws” to get out of being accountable, yet don’t enforce the law when it comes to the people’s defenses. We have a right – NO- a DUTY, to change our government when it no longer works FOR the PEOPLE. We need to DEMAND to get an accounting as to what happened to all the money that was given to the banks to “bail them out”. money that was used to pay them for their losses. So, then why are we having to pay the banks again? They have all written off the losses too. We don’t have real money, only debits and credits on a ledger. We need to demand they set off the accounts. Where are the 1099-A’s that are issued when the loan is taken out? Why don’t we get a copy? It will show that WE are the issuer of the money. Ask the lender – who FUNDED the loan? Where does it show on the banks books that they actually LENT the money. The banks refuse to provide this documentation, because it will expose the fact that they don’t have any money invested! It’s all a fraud and the judges and attorney’s that don’t stand up to it are co-conspirators in this fraud.

    I hereby declare, as an American Natural born living soul, one of the people living on the land, by order of myself, a free human under God, I hereby demand and order the government of the State of Florida/ Florida State enact a moratorium on all foreclosures until the people get true and honest justice and the perpetrators of fraud are stopped and the people can once again have unalienable rights to their property to live in peace and prosperity. Declared this 28th day of September, in the year 2010.

    An American who cares and stands for Truth and Justice and the Common Law of the Land, – God’s law.
    “Forgive us our debts as we forgive our debtors” – Matthew 6: 12
    “Judge not that ye be not judged. For with what judgement ye judge, ye shall be judged; and with what measure ye mete, it shall be measured to you again…. Matthew 7: 1-29

  4. BO says:

    Guess what? David Stern is going to get away with it. His attorney Mr. Tew has a brother. Guess where the brother works? The FLORIDA BAR! The fix is in folks. How is it that the FLORIDA BAR allows this conflict of interest to happen?? $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
    Ok you can go vomit now. When is Fannie Mae going to drop stern from the list? Never, too much $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

  5. Elyse says:

    An ego driven Attorney, who thinks he “gets it” just told me to call the bank and make a deal because there is no way MERS will be taken on! He said they are Too Big To Fail…so I mentioned the 62 million homeowners under attack right now and he had little concern with that number of loans!! Said, gee, I don’t think it’s that many!!!

    If the Lawyer’s don’t “get it” how can we think the Courts will!!

    Our only hope is to keep fighting them in Court! Push hard cause “they” really don’t really get it and if they do…they will not help the little people when it’s Wall Street where their retirement is invested!!

    God bless us all!

  6. Luigie says:

    The Supreme court has washed their hands like “Poncius Pilate” they don’t want blood on their hands so they let the foreclosure dogs run free, so they can keep chewing away at homeowners rights …Well they have embolden the criminals to keep on stealing, because the Supreme Court prefer’s that homeowner’s keep going down .
    These judges will not lift a finger ….to save the homeowner from the fraudulant onslaught of the most basic human rights …In my 58 years on this earth, I have never experienced such a vile Takeover of the Government by a Criminal organization…
    This is a coup d’état a overthrow—a sudden unconstitutional deposition of a government, usually by a small group of the existing state establishment [ Judges ]—typically the military—to replace the deposed government with another body; either civil or military.

    A coup d’état succeeds when the usurpers establish their legitimacy if the attacked government fails to thwart them, by allowing their (strategic, tactical, political)
    consolidation and then receiving the deposed government’s surrender; or the acquiescence of the populace and the non-participant military forces. Typically, a coup d’état uses the extant government’s power to assume political control of the country. In Coup d’État:

    A Practical Handbook, military historian Edward Luttwak says, “A coup consists of the infiltration of a small, but critical, segment of the state apparatus, which is then used to displace the government from its control of the remainder”, thus, armed force (either military or paramilitary) is not a defining feature of a coup d’état.

    ….the Congressmen’s letter’s don’t work , the begging don’t work , only physical presence in a protest …bringing national wide attention to this abuse…. Remember Rosa Park’s boycot… one person started a positive reaction from her abused group Black Americans …

    Marching , and Protesting may be our last resource ..to stopping this abuse …Like the Rosa Park’s strong stand against the brutal prejudice of her town…we the foreclosed and evicted victims are also suffering brutal judicial prejudice …. If we don’t start to protest in public pickets we can only blame ourselves .

    If Mrs Parks had not started her protest ,she would have sat at the back of the bus for many more additional years ..

    Thank god she was a brave woman….. Luigie

  7. Bill McAuliffe says:

    Is Tskip navigation Search Law SchoolSearch CornellLII / Legal Information Institutehomesearchfind a lawyerdonate

    UCC: uniform commercial codemain pageaboutsearch



    “Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

    previous section | next section

    © Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.

    about ushelpterms of usefriend usfollow uscontact us

    HIS how they’re getting away with “this”?

  8. Michael says:

    I actually think they do care; they let out a subtle barb between the lines of their opinion when they said fraud is for separate lawsuits. They know full well what that means and I think the message got through at some level: Stern’s stock is down 9% as I write this.

    A lot of Minnesotan’s wanted to secede from the country back during the depression: I went to law school in MN. Last I heard the Democrats there still go by the name “DFL” — Democratic Farmer Labor .. the quasi (or not so quasi) communist party that controlled the governorship, one of the senate seats, a good part of the state-house, and sent a bunch of people to Congress; it merged with the Democratic party in the 40’s but they kept the names combined.

    To this day the Farmer-Labor party conjures up visions of angry farmer’s, armed to the teeth, feeling like they have nothing left to lose, and especially unsympathetic to garbage like too big to fail. The political climate they left behind makes Minnesota a great place to live if you don’t mind the cold.

    • Alina says:

      Those who do not study the past are doomed to repeat it. I don’t know who said this but it[‘s apropo right now. As you stated Michael, we have gone through this before, used the same steps to try to salvage the situation, i.e., modificaitons, etc.. However, it did not work during the Great Depression and it’s not working now.

      We need to be like the MN farmers and march on our state capitals – that is the only solution now. We have tried to reason with the courts and judges – they do not want to listen. They are blind, deaf and dumb.

  9. housemanrob says:

    So what now?? THE SUPREME COURT DOES NOT CARE ABOUT US EITHER. Well now………what does that really say about democracy……….and capitalism………..we cannot make it work????? USA……..may she rest in peace.

Check out what others are saying...

Leave a Reply

Your email address will not be published. Required fields are marked *