This is outrageous!
Now a Judge is flat out saying that the Florida Rules of Civil Procedure do not apply!
Florida Rules of Civil Procedure
1.510 Summary Judgment
e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.
Not only does it appear that the judge “withdrew” the defendants motion to dismiss, he flat out tells him the Fla.R.Civ.Pro do not apply in his court…
Now check out the order below!
Order from Judge “Lee County is NOT Requiring that Plaintiff’s Comply with Fla.R.Civ.Pro 1.510(e)”
The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.
Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers Summary Judgment. According to Rule 1.510(e), Affidavits filed in Support of Summary Judgment require the following:
Florida Rules of Civil Procedure
1.510 Summary Judgment
e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.
“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”
This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule. It has been around a long time and has served the Florida Courts well in all areas and divisions of the law. Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.
Florida Courts have routinely singled out Homeowners in Foreclosure for special (negative) treatment. Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.
The fact that these Affidavits in Support of Summary Judgment lack the necessary attachments to meet the requirements of Rule 1.510(e) has been a constant battle fought by every attorney who fights on behalf of the homeowner; and, who seeks to have the Rules of Civil Procedure applied in a fair and just manner.
This Order is a tacit admission that the Rules of Civil Procedure are not being followed in the same manner as these same rules have been followed in other areas of the law or judicial divisions in the court system. This is the travesty to which – www.4closureFraud.org – has dedicated itself to eliminated.
The Florida Rules of Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!
When administrating the Florida Rules of Procedure, or the Florida Rules of Evidence or applying the Florida Statutes, Judges should not look first to whether or not the defendant is in foreclosure and adjust the rules and laws to fit a perception of guilt or expediency. Rather the judges and court should first look to see if the plaintiff even has standing to appear before the Court; and, second, if the plaintiff has proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven. Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.
Based on what www.4closureFraud.org has seen, the fight for equal justice under the law and under the Rules of Civil Procedure is still an ongoing battle. Homeowners are still not being given due process under the law.
Ultimately, the District Courts of Appeal are going to have to decide if the Florida Laws apply equally to everyone or that Homeowners in Foreclosure are not entitled to equal protection under the law, due process, or fair and equal treatment of the Rules of Civil Procedure and the Rules of Evidence. Furthermore, there will have to be a determination as to whether judges who operate outside the parameters of the Constitutional Right of Due Process, Equal Protection, and the impartial administration of the Florida Rules of Civil Procedure and Rules of Evidence are qualified to be judges.
~
4closureFraud.org
Join us for our “Homeless for the Holidays” Rally
Thursday December 9th 2010 in West Palm Beach FL
What has been the outcome since 2000? This is 2016 and all that was previously discussed and more is happening g to us. Corruption in Lee County Courts.
I am not an attorney, yet, I fought for my property beginning in 1989. Public is unaware that this goes back to daddy Bush era with CIA. “TAKING” of land from owners “FOR THE GOOD OF ALL” ATLAS SHRUGGED mentality Thefts “UNDER THE COLOR OF THE LAW” Spread like wildfire to Europe, Asia, Middle East –anywhere there was money to be made. Trainers went out to teach the methods, to banks, mortgage companies, management companies, lawyers, judges, anyone willing to make a fortune illegally. Government floated banks, but in fact, they were just giving money to help them float the bad paper until the market turned. (Condos can sit empty, because the bank receives OUR government money. Retiring in Florida was not my idea of Paradise, since I was caring for two sick + dying parents alone. The condominium I bought into has the meanest nastiest spirited group of people who manipulate the feeble minded, pay huge fees to the Pavese Law firm to attack me for speaking out about the fraud, create dissention within the community, steal insurance funds, do shoddy repairs themselves but charge the association. F.S. BUSINESS + PROFESSIONAL REGULATIONS AGENCY have no teeth, no power, now nothing more than to inform. Judges exchanged favors with lawyers + clients. Deceit became the norm in this legal system; Citizen could not fathom liens, such a mine, created by altering my check down $5.00. Called to speak to Frank Pavese Sr. letting him know about the fraud + other things, he double-talked so rapidly he did not make sense. He left the firm soon after. My properties, my family+ I are attacked every day. Ex-board member Leo McCarthy ran directly into my backbreaking Thorax vertebra. Cape Coral police refused to take the report. Therefore, I filed a RESTRAINT ORDER. Judge Rapkin announced when he denied my complaint. “IT IS A TAINT ON A MAN’S REPUTATION TO HAVE SUCH AN ORDER FILED AGAINST HIM, HE CAN NOT GET A GUN PERMIT.” (Truth, but recording was redacted. As I am now finding many cases altered in public record.) Standing with five board members, two cleaning men + a non- owner was Pavese’s shining new light Barbara Bochmeuler ( in place of Partner Christopher Shields) who repeatedly made threats + filed fabricated cases against me for having exposed their company cashing client checks, double dipping in company billing, + FAILING HIS FIDUCIARY DUTY to our membership. Pavese uses the legal system to earn extra money “THE HONEY POT” that goes unaccounted for in Condo accounting. I was an old bookkeeper for a family run business + three major corporations. Mediations failed due to the power of Pavese. When Judge Thompson, claimed he did not understand what my MONTHLY BANK STATEMENT reported, EQUITY LINE OF CREDIT- CURRENT! The lawyers Kass, Schuler, Solomon joined the group secretly out to destroy me, pushed the foreclosure through, in spite of, the evidence and BofA asking to postpone it. . A ZOMBIE BANK swindle since my original contract was missing –not attached. Finally, I filed COMPLAINT case 10CA-00725 (without my evidence), Judge Fuller, wrote a derogatory comment, having stated to me that my complaints were in fact ALL TORTS. Judge Sherra Winesett, case 08-CA-026312, ran simultaneous case against me. Condominium Board uses condominium funds for other than condominium business, yet the State law fails to prosecute them because they have no power due to changes in the law. Wake up folks + protect yourselves. Let’s not forget Keith Hagman, Pavese foreclosure attorney, City Magistrate Harold Eskin, and so many others who have TAKEN PROPERTY via CC maintenance claims.
A.M. …..I agree it is that Ayn Rand commie mentality of brainwashing and others like Saul Alinsky and his book Rules for Radicals….which is said to be Obamas Bible…..that the moneyed elite hiding behind the scenes of this horror are using to accomplish all of their evil plans for World Domination and Totalitarian world opppression…This is a war on the mind first they brainwash by dumbing you down…then they infiltrate….then they steal everything from the people with big lies while they sneak in DRACONIAN MEASURES under the guise of national security…things like the patriot act and NDAA…SOPA…PIPA..THEY SNEAK IN COMMUNISM AFTER THEY SOCIALIZE THEIR DEBT FRAUD ONTO THE PEOPLE TO STEAL AND ENSLAVE THEM….THEN THEY SNEAK IN COMMUNISM…THEN TOTALITARIANISM….LESSON HERE…NEVER TRUST THE POLITICIANS…THAT IS WHY WE HAVE A CONSTITUTION…To protect us from GOVERNMENT OPPRESSION AND TYRANNY…THE FEDERAL RESERVE MONETARY SYSTEM IS THE DEVIL…THE POLITICIANS WHO SNUCK THAT IN WERE THE BIGGEST TRAITORS TO AMERICA….WITH THAT RANK INJUSTICE CALLED THE FEDERAL RESERVE THEY SNUCK IN DEBT SLAVERY FOR AMERICA..FIRST AND FOREMOST THE U.S. CONSTITUTION NEEDS TO BE RESTORED AND AMENDED BACK TO ITS ORIGINAL FORM…ABOLISH THE FED…THE 2 party system is completely corrupt and useless…WE NEED TO WRITE IN OUR CHOICE…IF WE DONT WANT THEIRS..
Dear A.M. and Ivent,
I hear you and believe every word. The problem is there is no way for the public to protect themselves because US Attorney General Holder will not hold any of these powerful financial criminals accountable. All that’s going on today in financial crime is an inside job committed by the financial institutions; sanctioned by the government authorities, while the mainstream media ignores it all.
We have one recourse; a revolution by the people…period.
We have to make a stand….indivisibly…..revolt on their debt…make them prove they own your loan..OCCUPY…run for political office..!
People have to stop believing their lies…about the debt…it is not our debt…U.S. TAXPAYERS PAID FOR THEIR HOMES AND BUSINESSES AT ORIGINATION…ELIOT SPITZER TALKING ON DYLAN ABOUT THE ZOMBIE BANKS…PRINCIPLE WRITE DOWNS WILL NOT FIX THE ECONOMY ELIOT…THE BANKS ARE BANKRUPTING THE PEOPLE WITH THEIR MASSIVE DEBT FRAUD…..THE BANKS ARE INSOLVENT….OUR HOMES AND BUSINESSES ARE PAID FOR FREE AND CLEAR…THE MORTGAGE DEBT IS THE BANKS $700 TRILLION DEBT…..ELLIOT SPITZER SAID THE BANKS NEED TO OPEN THE BOOKS AND WE NEED TO SEE WHAT THEY DID….ELIOT SPITZER SAID WE THE TAXPAYERS OWN THESE BANKS NOT VICE VERSA!!! Right on!!
Make the banks pay the people back…! Return the stolen homes and businesses and stop the fraudclosures!…The property taxes, utility bills and maintenance are enough in this horrible economy these banks and Wall Street created…ABOLISH THE FED…!
I’m truly sorry but there is no recourse but a revolution because though these plaintiff attorneys claim they will help, many of them are withholding documents from the judges on purpose. And, the government is not going to listen to our demands until they are forced to do so.
I wonder what might happen if every US citizen refused to pay their taxes until the laws in this country are upheld?
That is right on Deborah…a property tax revolt will be the inevitable result of the downward spiral of our economy…principle writedowns and REFIS are not going to work if the economy worsens…they are setting people up to lose their homes and businesses by having them sign new mortgages and notes with no legal recourse…If you cant find a job that pays enough to keep up with skyrocketting costs or you lose your job or business due to the BANK PLUNDERING…you are being set up to fail…there are not enough jobs that pay well enough to risk re-establishing a new debt burden..TheBANKS DID THIS AND THE POLITICIANS ALLOWED IT! They are who should pay tor it…not all of us with our homes, businesses, livelihoods and life savings or retirement money…The American people have to make a stand indivisibly….stop paying the mortgage…stop complying and conforming!!! Stop paying for your own robbery America!
Here’s something else going on. Did you know that these financial institutions are embezzling money from their customers; I mean huge amounts right out of trust accounts, and never are they required to caugh up the bank statements that prove their crimes. Your own are not enough.Judges are allowing this, while the US Attorney General isn’t investigating these financial institutions.
Just think of Bernie Madoff. Do you think national financial institutions weren’t part of his crimes? They’d have to be, yet not one of these financial institutions have been investigated.
We are living in a financial holocaust today, while we rant and rave over the Internet and no ones listening but other victims.
I’ve recently written a book about my experiences that have gone on for fourteen years. There are five publishers reviewing it now. Honestly you have no idea of the magnitude of federal crimes going on, unaddressed, in the national financial institutions that are completely being ignored by the government authorities.
Deborah..honestly I do have an idea of the Federal Crimes going on..You are new at this site and you may have no idea about the screaming I have been doing here for quite a while now..Just yesterday I posted a comment on the credit ap fraud..Did you know they found a loophole to turn credit aps into bonds?? They can obtain a CUSIP NUMBER for those bonds and buy, sell and trade off of those via the SEC..our birth certificates are also turned into bonds…I am sure if you wrote a book you know a lot but I don’t believe anyone knows the scope of the fraud on the WALL STREET CASINO! We all need to be whistle blowers…CITIZEN WARRIORS!!
Dear lvent,
And you are correct, I haven’t posted much here but I originally posted last year, once, on this site. You can type my name into “google” and learn a whole lot more about what has happened to me because of federal crimes committed by national financial institutions. If you leave off my last name, “Davis” you’ll come across even more information. But basically because of the federal crimes committed against my trust and me, which has been unaddressed by the government authorities for a good fourteen years, my credit has been so unlawfully destroyed that I’ve landed in a tent…been here almost two years now, while writing the proper authorities for their investigation. So I do know the crimes in this country, committed by national financial institutions are far worse than unlawful foreclosures. And, I also know writing our congressmen, senators, signing petitions and addressing Obama is a joke. The first joke was contacting the US Attorney General in 2001, along with the FBI, financial watchdogs and state attorney generals. THE GOVERNMENT AUTHORITIES DON”T CARE ABOUT ALL THIS CRIME.
Deborah..I am horrified to hear that you are living in a tent because of these criminals!…I pray that your book gets published I will be the first one to buy it!….I believe that God is on our side..Hopefully we can take what God has revealed to us and use it to better the world and better prosper from it…Please let me know if I can help…God Bless!
Thank you, lvent and God bless you as well. I can’t recall if I’ve revealed the name of my book on this site or on “google?” I must have or maybe you’re just pshyic. The title is, “God’s On Our Side, Sweetie! But, The Devil Has Control.”
My fourteen year nightmare, uncovered in a memoir, has unbelievable insight into what the banks are actually doing to the consumer. My brother-in-law, once removed was my original attorney before he became a Supreme Court Justice, Justice Anthony “Tony” M. Kennedy.
Talk about the powerful taking advantage.
I don’t know what your career is, but if you can spread the word about this memoir, you’d be helping. My memoir will be helping all Americans. I know this for sure. And, I’d be forever grateful.
Katherine ..we are self employed..we meet a lot of people in our travels..I am in Chicago and I will spread the word about your book..cant wait to purchase my own copy….! Please let all of us know when your book comes out! I cant wait to read it….!
Ivent…thank you. I will let you know as soon as the book sells. My agent feels it could be any day now, because it addresses current affairs and with the election coming up in November it’s a book that needs to come out before. We’ll see? God Bless!
My family has just been torn apart due to a magistrate not following his own rules and recommendations and because the the other person had a lawyer and lied on stand (hear say) they have won custody of the two kids.
all his testimony was is hear say
We had evidence and the magistrate disregarded all of it because my wife was pro say.
the ex was never wrong even when he was put in contempt. The judges in fact do not look over the notes before they sign off on the magistrates decision. Lee county court system is a mafia from within. If anyone knows a pro bono lawyer please let me know. The kids want to come back here to their real home where they have lived with their mom from the start.
Yes well this is not only happening in Florida but in Michigan, Colorado, Idaho and California too. And, this is from my own personal experience. What the public needs to know is that the US Attorney General, (nor are many state Attorney Generals for the states mentioned above) is not filing criminal charges against these banks.
Along with these outrageous, unlawful foreclosures the financial elite, (banks) are embezzling money right out of consumer’s trust accounts. In my case, eighty million dollars; plus I lost two multi-million dollar homes through unlawful foreclosures. Both homes had over a million dollars of equity in them.
My attorney actually reframed from going to court on my behalf while the court dismissed my case since he didn’t show up…obviously on purpose. Someone paid him off.
The bank doesn’t even have to bring forward all my account statements, nor does Paine Webber.
I reported this all to the US Attorney General and multiple State Attorney Generals, (my cases cover the country) and they have completely ignored even investigating. So has the FBI.
If you haven’t figured it out yet, this country has a conspiracy to hide these financial crimes because the banks are paying the authorities off in many ways…even fronting money to canidates running for office.
There is no doubt in my mind that the Judges are in on all this too.
I’ve written a book to deal with this, because there isn’t any other way right now…but exposing the real corruption to the public.
That is, “There’s nobody watching the henhouse but wolves, and they like eating chicken and eggs.”
This judge, and I use the term loosely, does not care about due process at all. In my case he wouldn’t even listen to my attorney, didn’t care what was wrong in our case, just rubber-stamped the summary judgment.
We were suppose to see this same judge for our primary residence, on advice of the attorney, I filed CH13 BK just to get out of his court. My lender doesn’t even exist and FDLG won’t even provide evidence to prove standing, because they can’t. Funny how FDLG is under investigation, civil AND criminal from what I understand, and yet they are still allowed by the “Judicial System” to bring suit without standing or capacity.
WTF is wrong with our system? This tool gets a reported $550 per day to rubber stamp mortgages for the banks… Wonder how much the banks are paying him, under the table!!
My son filed a motion to compel discovery in a Florida court. In his interrogatories, he defined what he meant by the term “all relevant times” to be from the date the Note was signed until the date the interrogatories were answered. The plaintiff bank changed the dates to the “date the complaint was filed until the interrogatories were answered.” The judge allowed the bank to change the question.
The plaintiff is, apparently, the fourth person in the chain of title.
Two interrogatories asked what was the “valuable consideration” for the note and the mortgage. The judge said, “What they paid for their note and their mortgage is irrelevant.”
My son has filed a motion to re-hear (reconsider) his motion to compel.
Your son should file a SUBSTANTIAL qualified written request (after you have done thorough research on same) and again ask for an accounting since the inception of the loan as well as copy of the original note and anything else you were asking for in the discoveries. Under federal law,he has these rights as part of a “qualified written request”.
For specifics, google “qwr” or “qualified written request”. For a consumer sensitive explanation, search http://www.HomeOwnershipMatters.com. If you need more specific help, I would direct you to “Avoiding Foreclosure Using a Qualified Written Request” which is available at http://www.DovePublishingHouse.com.
Best of luck.
Now it’s not irrelevant for the following reasons.
The bank an’t prove the are a bona fide holder for value without stating what the consideration was.
Second The transfer might have been done to avoid defenses and set-offs your son could have claimed against a precious holder .
As usual the judge is either dumb or lying.
Thats insane. Is somebody gonna stop him?
SO..did Judge Thompson or did Judge Sterns say this to the Defendant ? Judge Thompson’s name was typed..yet Judge Sterns name is stamped…. Is this the same ‘issue’ we found in the affidavits ? Or is this the same practice in the courts as the outlaw Mills… no wonder fraud passes through. Whoever the Judge was…that judge needs to understand…it is not HIS court room…it is the ‘ People’s court room.’….and he is there to follow Law and Order just as the defendant’s and plaintiff’s are required to do. To ignore the Rules of Civil Procedure is waving the red flag….I certainly would take this further, others in that county need to gather together, make a strong group ..in order to demand Justice. The louder you squeak the faster the oil you’ll get.
Judge Starnes, i’m terribly sorry to say, is on the banster money train, obviously! For even a judge who tosses out the law and then records that action, has to have no fear of retaliation! For in fact, he should be locked up first, then charged like former governor Blagoyevich (wrong spelling) after the fact. But this judge deserves to be stormed by vigilantes, taken out back to the nearest live oak or ficus tree and STRUNG UP!!
That is unbelievable. How can a Judge, in writing no less, exempt FDLG (under investigation by the AG) from following the law? This needs to be in local newspapers and on the local news stations. You would think, considering the circumstances, the judge would be strictly adhering to the letter of the law with FDLG cases.
Something very strange (possibly criminal) going on here.
We need a way to get more media exposure on what is going on in Florida courts to ramp up the pressure for compliance with the law in our courtrooms.
This is not outrageous! This is Lee County. This is standard opporating procedure, just ask Charlie Green who claims “there should be a way to foreclose quickly against deadbeats who are destroying neighborhoods by neglecting or abandoning their homes”.
My question to Charlie is this the way?
Should we allow our court systems to decide which rules to follow and when to follow the rules?
Should all these so called “Deadbeat home owners” be allowed access to the justice system, or denied Civil Rules of Procedures, or Their Rights to due Process of Law?
Should this order from Judge Hugh Starns be of any surprise? If so why?
I think private criminal prosecutions are in order.
for educational purposes only
Private Prosecution: A Remedy for District Attorneys’ Unwarranted InactionSource: The Yale Law Journal
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B1wtyXDQr0s-NTA0YWY2NWEtZDdkZC00NzhlLThlMjctZTZhNzNlYTc0YzNl&hl=en&authkey=CJb6gYsL
Why dont we start a CROOKED JUDGE watch list in FLORIDA??
The FL DCA with overturn this Idiot Judge JAMES THOMPSON. He deserve 50 lashes for being a treasonous chicken sh@t!
A ‘clean judges’ list would be shorter and easier to research, by the sound of how messed up that place is.
Does anyone reading this know what we can do on a national scale to bring the entire Florida judicial system into order and compliance with the law?
Can/should this be done at the Supreme Court level maybe? I’m not sure because I’m not in the legal profession. If so, how do we go about doing it? If we’re going to take action and make an impact, it has to be done in the right way and yet a powerful way to show that we are miles ahead of these judicial crooks….and doing things like protesting won’t make a difference. They don’t care. They will look at us and laugh.
We need to find a legal, powerful method to bring harsh corrective action down on the Florida judicial system, or at least judges who are brazenly flaunting the law (which is probably happening all over the state).
I’m sorry but you should know, and so should all American’s, you can report the most outrageous financial crimes known to man to the US Attorney General down to three State Attorney Generals, and they will IGNORE you.
This is my personal experience after having millions of dollars embezzled out of my Trust account by bank executives, forging my signature, and losing two multi-million dollar homes to unlawful foreclosures, involving KeyBank, Paine Webber and the National Bank of Detroit, (Chase now).
So far the media refuses to report on my story. I don’t think they want America to know how truly corrupt our financial institutions are.
So how does this make you and the rest of America feel.
Is someone of authority actually going to do something to fix all this crime? Not unless we all know the truth.
The foreclosure issue is merely the tip of the iceberg from my experience.
I agree about the state AGs doing nothing. But why would anyone be surprised when we have the likes of Eric “Place” Holder as US AG?
To Leapfog;
Right you are but this has nothing to do with surprize. The problem here not only in Florida but over the whole United States, for sure in Michigan, Idaho, Colorado. Tennessee and California, (because I’ve had personal experience with these states) is that none of the, “Protectors Of The Public” are doing their jobs, including the State Bars, local Economic Crime Units, FBI, financial watchdogs or the District Attorneys. Cosequently the truth about this must come from the media, and so far they refuse to address most of the crime going on in this country. The Attorney Generals know this, trust this, so they have no reason to uphold the laws.
It’s truly a mess and a mess I’ve seen for a good ten years.
There is no one watching the henhouse but wolves, and they love eating chicken and eggs.
So the foreclosures, as outrageous as they are, are not the whole story. Banks are now stealing money out of named Trust Accounts, arrogantly, I might add, because there is no Attorney General that will investigate. The news reports they are….but they really aren’t.
I speak from personal experience. The heist committed against me even involves a Supreme Court Judge, so where will I get my justice? The media is the only place where these authorities will be held accountable, not just for the crimes committed against me but all Americans whom have been stricken by financial crime by financial institutions.
The AG’s are protecting these banks is the bottom line.
To Leapfog;
One more point. If you go to Foreclosure Hamlet website you can read my story, under “ANATOMY OF MURDER SLOWLY BY PEN; WHILE THE GOVERNMENT SENDS BLESSINGS”
I sent my story to this site as well. They have yet to post it. I had to post it myself on Foreclosure Hamlet, but I thank God that I had this opportunity.
And, the story is under my full name
Debora Dylan Ratigan call it every day on his show on MSNBC we just need to keep pushing until the whole country gets together on this sooner or later even FOX will have to report it
Yes there is a way. It is real simple. We have to come together and concentrate a massive amount of individuals who have the ability to file petitions to the 2nd Court of Appeals. This will get National attention and bring the spot light directly focused on the corruption right here in Lee County. This will also cost these corrupt judges more money than even they can possibly afford. Ultimately causing these judges who think they are above the law to stop the B.S.
It has to be done on a large scale. The good news is there are plenty of cases, going on right now, that have no problem finding the fraud or abuse of process. However finding the pro se’s and attorneys who have the “ABILITY” along with the “GULL” to take on such a challenge on a matter of PRINCIPLE, not FINANCIAL GAIN is the hard part.
I have already done my part a filed my Petition – Writ of Mandamus” on 11/29/2010. Click the link above to read my Petition.
So the questions are who else wants in? Who has what it takes to step up? Who is it? Is it you?
This is not rocket science people. Quite wanting what you don’t want. And start doing what you got to do and fight these people.
http://www.scribd.com/doc/44363252/Petition-for-Writ-of-Mandamus
Larry, I would join you in a heartbeat, as I am not afraid of these b@st@rds, but I am in Volusia County. I represented myself pro se in my foreclosure proceedings from mid-2007 to mid-2008. I only lost because they wore me down and I didn’t know the fullest extent to which I could push back near the end. I know a lot more now. The judges in this county (at least the one who ‘presided’ over my case) are just as bad as anywhere else in Florida.
Larry, I have a hearing on my motion to dismiss in front of Judge Thompson on Dec. 14th. This makes me even more nervous. We need to report Judge Sterns to the Judicial Standards Commission as well as file writs of mandamus. Good for you.
J A,
I have attempted to exercise the Judicial Standards Commission only to have them tell me that my concerns are legally insufficient. However I will certainly try again just to see what their response will be.
How can I reach you please? I have been fighting for 2 yrs now. I agree, it is not just about my house but the legal system in Lee county. I would love to talk with you.
Hi J A
The good news is Fraud on the Court is Fraud on the Court, which means if you lost your home do to Fraud on the Court you can get it back as soon as you are ready to fight for it. My frustrations about this corrupt judicial system has gone so far, that I could care less about saving my house. It is personal to me now even though I have not lost my home as of yet. After a four year war with FDLG, and the wayward judges in Lee County, I have come to realize that my fight is not about my house. It is about who I am as an American and my rights to due process of law. This country is in dire straights, and she is in desperate need of her Foundings Forefathers courage to save her. I have made my choice to be on the right side of history regardless of the cost.
Well said Larry !
Larry, you speak for a lot of us. Liberty over Tyranny. Just one reason I am a member of the Tea Party. Keep fighting the good fight and don’t let them tread on you.
Larry, you are so right!
Interesting how the judges blythely overlook the following Florida Statute pertaining to Foreclosures:
RULE 7.190. RELIEF FROM JUDGMENT OR ORDER; CLERICAL MISTAKES:
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and on such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.
~~~~~
I don’t think the Florida statutes can be any plainer in stating that the JUDGES have the responsibility to relieve us from final summary judgments in the event of fraud on the part of the platintiffs (the banks and their attorneys)! But the judges are conveniently ignoring this RULE 7.190
Does the Attorney general have a copy of this????
Hi Carol,
I am not sure if you have had a chance to read my Petition for Writ of Mandamus, but my phone number is on the 23rd page. Please feel free to call me if you have any questions. Tks, Larry
No the AG was not notified. He is part of the problem not part of the solution. I can only fight one or two battle at a time, however as soon as I am done with the two cases I currently have going on, I will be looking into fighting the rest of the corruption. If anybody has any information as evidence, or facts that support fraud from the AG, Florida Bar Association, Judges, Banks, Law Firms, Public Officials, News Media, or whomever please feel free to notifiy me at joinworkgiant@gmail.com with that information. I have been compiling information since 2006, and studying the corruption in our Florida Judicial System since. It is time to stop these crooks and break out the old guillotine.
All I can say is……. WTF?!!?!?!?!!?
Echo from an American officer in Vietnam who said that ‘We had to destroy the village in order to save it.”
I guess the Hon(?) James Thompson thinks the same about the “rule of law”?
Burn the “Law Books” we will go with the “rule of whim”.
Not a bit suprised…
I note that his order says the rule does not apply to Plaintiffs, therefore I conclude it still applies to Defendants. How is this not grounds for overturning the judge’s order?
Is this for real??
Is out banana republic economy for real?