Rocket Docket Investigation – Pigs Ass Charlie Green, Lee County Clerk of Court at it Again

From Urban Dictionary: The term “pigs ass” is used in many situations. It is most commonly used when someone claims something is not true.

And we all remember Lee County Clerk of Court Charlie Green from previous articles right?

LEE COUNTY

CLERK: CHARLIE GREEN

Executive Assistant: Laura Bennett
P. O. Box 2469, Ft. Myers, FL 33902
or 1700 Monroe Street, Ft. Myers, FL 33901
Telephone (239) 533-5000 (main)
http://www.leeclerk.org/

LINK – Lee County FL – Clerk of Court Charlie Green, “There Should be a Way to Foreclose Quickly Against Deadbeats Who are Destroying Neighborhoods”

But county Clerk of Court Charlie Green, who’s struggling to stay ahead of a flood of new foreclosures and a 23,000-case backload, said “there should be a way to foreclose quickly against deadbeats who are destroying neighborhoods by neglecting or abandoning their homes”.

I agree with the banks: Those people need to go.”

And…

LINK – Fox 4 News Investigates Lee County’s “Rocket Docket” Program

Clerk of Courts Charlie Green: “The debt is still the debt. The note is supposed to be present, and that’s a problem for the lender. It comes back to both parties, the party who borrowed the money, who signed the note agreed to pay.

Even if the other party can’t be determined.

Well, much hasn’t changed…

Fox 4 Rocket Docket Investigation

More concerns about Lee county’s Rocket Docket.

If a bank were trying to take your home away in a foreclosure lawsuit, you’d think there were certain facts that must be confirmed… like how much money you owe the bank. But that doesn’t seem to be the case.

…At least 4 payments of $900 unaccounted for.

Scott says it’s frustrating: “They don’t know what our home’s worth, they don’t know how much we owe, we don’t know what we owe. I can’t get an answer as to what we owe.”

That’s why Scott’s lawyer – Todd Allen – has asked the court to require the lender to attach documentation showing where those payments went and how much Scott currently owes. But that request was denied. And the judge stated, in black and white, Lee county wasn’t requiring the bank to comply with state rules of court procedure.

“The court basically said we’re not making them to comply with that rule. What’s troubling is they’re going to possibly foreclose on this property with less than complete evidence,” he adds.

Lee county Clerk of Courts Charlie Green denies that could be going on, “I”I’ve never seen or courts step outside what their own procedures.”

Green adds, “you have to make an effort to make the payments.”

Liza Fernandez: “This guy has been making payments.”

Charlie Green: “Did he show you canceled checks?”

Liza Fernandez: “He showed me bank statements, showing payments made that haven’t been applied. All they want is proof from the bank as to where this money is. That’s all they want.”

And after further research, the clerk of courts gave us a statement: “We have not required, in the past, nor do I think we will, to have copies (of those documents) attached. It’s not mandatory.”

It’s not mandatory?

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.

The rules look pretty mandatory to me…

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

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Order from Judge “Lee County is NOT Requiring that Plaintiff’s Comply with Fla.R.Civ.Pro 1.510(e)”

Comments
10 Responses to “Rocket Docket Investigation – Pigs Ass Charlie Green, Lee County Clerk of Court at it Again”
  1. Larry says:

    Thank you 4ClosureFraud for post like this one dealing with Lee County. This is the information I am in need of. Please continue your good work when ever possible as it relates to Lee County Judges, Charlie Green, or any judicial administration violation, civil rules violation, and so on in Lee County Courts.

    In addition, if there be anybody who has, or has come across aditional information like this please get in touch with me at joinworkgiant@gmail.com.

    I have been compiling information for 4 years now as a pro se, but more important, I have been acting on my findings. http://www.scribd.com/doc/44363252/Petition-for-Writ-of-Mandamus

    Keep up the good work,
    Larry

  2. PATRICK FARRELL says:

    Lee County is a Racketeering Influenced Corrupt Organization.
    In 1994 I was arrested by Lee County, way of a bribe from a man that worked for ISKCON.
    International Society of Krsna Consciousness, aka the “Hare Krsnas.” I blew the whistle on them.
    THe result was the Krsnas were found guilty of 25 years of child sex abuse, sued by 1200 vitims for $400 million,
    and paid a bankruptcy court $25 Million for fucking with me.
    Lee COunty bent over backwards to help these assholes, because Lee County is run by Republican assholes,. who take bribes from wealthy child molesters to stifle “whistleblowers.”
    So helping corrupt banks is a piece of cake, a big piece.
    I sued the law frim that had the name Starnes, the asshole judge who said recently, that Lee County will not require
    adherence to rules regarding affidavits, etc.
    You attorneys and your clients, have to file class action RICO suits.All the reasons and evidence is there.

  3. I firmly believe all judges should also take a oath before being seated…An oath to fully judge each case to the fullest extent of the rules and laws of the State of Florida. That black robe means nothing if a judge goes against the rules and laws pertaining to each case. Course..another way to look at it…in foreclosurers, how many times has the plaintill taken an oath and lied…what happened to prejury? Courts are getting to be a joke…if your a criminal you get free attorneys…all other’s need to go into debt to have a day in court. or should I say 5 minutes in court. But when a judge makes up their own rules and laws…time to step down…many others are standing in the backfround ready to take over the court room scene. It appears Lee County court must have an internal problem with judges and Clerk of the Court….Clerky guy seems to be a bit cocky…I feel a Clerk of Court should not speak their opinion…they can’t give legal advice and … they should not give their opinion. period… …same with the judges. They are not being paid to shoot off their opinions in court or out of court. It’s to bad those in foreclosure have to prove and fight the racketeer banksters and their fraud riddled law firms…and still have to deal with rule and law breaking courts. Well, 2011 is next week…the big change is coming soon…Oh boy…Well, HAPPY NEW YEAR TO EVERYONE AND KEEP THE SPIRITS HIGH…CA– USE CHANGES ARE COMING IN 2011…..

  4. Phred Maldanaldo says:

    My understanding is that judges are immune from personal suits regarding judgments they make, but that they have to stay within certain bounds to claim that immunity. One of the bounds is that they have to obey the rules of court. There may be some clever attorney out there who might file such a suit, then move it to Federal court for ‘diversity’.Committing a crime under the color of authority is not taken lightly in most lawful parts of the U.S.

  5. It is beyond belief that courts sworn to uphold and enforce the law cavalierly violate it. Those who enforce the rules most especially should and should be perceived to follow the rules. When Socrates asked “what is just?”, Thrasymachus answered “Might makes right.” Socrates went on in the Republic to prove him wrong as did Jean Jacques Rousseau a millennium later. The judges who ignore the law destroy our legal system and should be sanctioned for judicial misconduct. So severe and widespread has this problem of judicial misfeasance become that it is now a political as well as judicial problem. This abuse of our court system by presiding judges will only stop if, as and when Floridians elect competent judges..

  6. John R says:

    Somewhere, within the Florida Rules, there’s gotta be a law that says something like “if a person witnesses a felony or knows of a felony then he is guilty himself of a felony if he doesn’t report it to the proper authorities”. I know there’s one in Ohio anyway. So…… cull the county database, find the forgeries and falsely created documents (past & present)(and you don’t have to find them all, just a large enough amount to be overwhelmingly convincing) and then lay them on the Courts. Be witnessed, get a court stamp, send it return receipt requested, whatever, but get proof of delivery. Sending it to each Judge might be one way, but just sending it to the “Clerk of Courts” should start that ball a rolling. Then wait a while and tell the AG what you’ve done, giving him also a copy of the doc’s, and asking him to prosecute. The strategy being to place the Court Officials in the place of being guilty themselves of a felony if they do either nothing, or the wrong thing. Just a thought. John R.

    • Officer of the Law says:

      Failure to take action when a crime is reported is a violation of Federal law, Florida law and the law of most, if not all, of the states, but who decides whom to prosecute?
      What if the banksters just buy off the prosecutors?
      Could that be why injustice is rampant?

  7. housemanrob says:

    Somebody………please explain to mee……….WHY CHARLIE GREEN IS….NOT IN JAIL!!!! ……..or at least charged and out on bond!

    • Officer of the Law says:

      Could it be that the prosecutors are on the banksters’ payroll or are they just too busy throwing poor people in jail to bother prosecuting the banksters for the fraud that they committed in loan origination, in the securitization process, and in the foreclosure process?

      Do you want to know what the prosecutors do when they get a complaint about fraud being committed by a banker? They throw it in the trash and tell the victim that it is a civil matter that needs to be reported to the regulators.

      Do you want to know what the regulators do when they get a complaint about fraud being committed by a banker? They throw it in the trash.

      If the victim keeps complaining to prosecutors and regulators, they tell the victim that they will be prosecuted if they don’t quit complaining.

      By the way, there have been numerous well documented complaints about those who run the “justice” system in Lee County, Florida committing crimes including failure to prosecute banksters for fraud, failure to prosecute perverts for child molestation and taking bribes to fix cases, but no one in power does anything about it.

      When justice cannot be obtained in our country and tyranny is rampant, did the Framers provide any means for us to protect ourselves? Think about that for a second especially if you are a bankster, a foreclosure mill scumbag attorney, a crooked clerk, a crooked prosecutor, or anyone enforcing their illegal orders. The scum in power have thought about it a lot. That is why the home addresses of prosecutors and judges are supposed to be secret in spite of the First Amendment.

      • Officer of the Law says:

        In case any of the scumbags in the “justice” system have a problem with me telling it like it is, remember that I understand that we are playing by third world rules, and as an enforcer, I know how to do dirty work. So, govern yourself accordingly unless you want me to pay you a visit.

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