OUTRAGEOUS | Are the Judges in Lee County Above the Law? Well, According to this Transcript and Order…

When is this going to stop?

Earlier this month we brought you an order out of Lee County that a Judge is flat out saying that the Florida Rules of Civil Procedure do not apply!

WOW – Is Lee County Foreclosure Court Above the Law?

Posted by Foreclosure Fraud on December 6, 2010 · 

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, … Read more

Shortly thereafter Mr Charlie Green had to get his two cents in…

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

Posted by Foreclosure Fraud on December 24, 2010 · 

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 … Read more

Then earlier today there was a report that the judge tried to “fix” his order while still not requiring the banks to follow the law…

Scandalous | Leaked document shows Lee Co. judges tried to fix foreclosure error

Posted by Foreclosure Fraud on January 5, 2011 ·

Well well well… Look what we have here… Leaked document shows Lee Co. judges tried to fix foreclosure error A 4 In Your Corner investigation reigning in Lee County foreclosure judges? Judges not requiring banks to show how much homeowners owe…even though they’re supposed to. Now, a leaked document has surfaced…showing Lee judges trying to … Read more

Well, now I just received this transcript and order that states that the courts in Lee County do not have to comply with another Rule of Civil Procedure…

First from the transcript…

DEFENSE: Yes, judge. In all due respect, I did not disobey your order (for not setting motion to dismiss for hearing). We got got back to the office and discovered that they have no recorded activity for over 12 months, they’ve been served with the notice for lack of prosecution.

I can not comply with your court order without — bailing out the bank is what I would say, and I think my tax paying dollars have done enough of that.

COURT: Set it for trial.

DEFENSE: We are not at issue.

COURT: We are now.

DEFENSE: Judge, we can’t be at issue.

COURT: Really?

DEFENSE: In all due respect, you want me to set this down to strike that motion–

COURT: I don’t know what you’re going to do, but nobody is going to do anything, so the only — so if nobody is going to do anything, I’m deeming all other pleadings waived and set it for trial.

They won’t do anything, you won’t do anything, so that leaves me.

DEFENSE: Judge, there is case law right on point, Leeds versus C.C. Chemical. It says that you’re not allowed to put it on a docket, first of all. It’s error if you do so if you’re not at issue.

COURT: I’m saying you’re at issue by virtue of the fact that nobody has done anything and nobody is willing to do anything and the court is declaring you at issue and setting it for trial.

DEFENSE: I understand. Thank you, Judge

Court: They know me by my work up there.

DEFENSE: We must be talking about the Second district.

COURT: Probably

Now from the order…

The court determines that the case has not moved forward for over 10 months and, for that reason, this court elects to set this matter to the next trial docket.

Ordered and Adjudged:

Defendants Motion to Dismiss is waived by the court;

This matter is hereby set for trial Feb, 22, 2011. Lee County is not requiring compliance with Fla. R. Civ P 1.440 and does not consider the holding in Leeds v. C. C. Chemical Corp., 280 So. 2d 718 (Fla. 3rd DCA 1973) controlling in foreclosure matters.

Done and Ordered

Order and Transcript below…

~

4closureFraud.org

Lee County Transcript Onewest v Garcia

Lee County Order Onewest v Garcia

Comments
5 Responses to “OUTRAGEOUS | Are the Judges in Lee County Above the Law? Well, According to this Transcript and Order…”
  1. Nye Lavalle says:

    We need to officially create the title of bank bitch for these fricking bank bitch corrupt judges!

    • Officer of the Law says:

      A little cash buys a lot of “justice” everywhere, not just in that Lee County backwater.

      Of course, you have to love how stupid these bankster minion judges are and how they show it by saying dumbass things like Rule 1.440 does not apply in Lee County.

      Equally ignorant and transparently criminal is ruling on the motion to dismiss without it being heard and without it being set for a hearing and refusing to comply with 1.420(e) which requires dismissal for the bankster’s attorney’s failure to prosecute for over 10 months.

      Since no one seems to know nothing, I’ll do some free schooling especially since no one else who is supposed to enforce the law is willing to forgo the cash paid to them not to do so (if the prosecutors were NOT taking BRIBES, the banksters would not have gone on a widespread crime spree), since so many judges are also on the banksters’ payroll, and since even the foreclosure defense attorneys don’t seem to be that sharp (if they were, they would be kicking a lot more banksters’ asses and wiping out most mortgages).

      Motions to dismiss cannot be denied without a hearing in Florida unless you ignore the Florida Rules of Civil Procedure which specify which motions may be considered ex parte. See e.g., Hilton v. Florio, 317 So.2d 83 (Fla. 3d DCA 1975). By the way, only motions for a temporary injunction are allowed to be considered ex parte and even then, only under very limited circumstances. See Rule 1.610.

      Motions to dismiss also cannot be denied sua sponte at a hearing if the motion to dismiss was not noticed for hearing at that hearing. See e.g., Joanides v. Jubis, 886 So.2d 1070 (Fla. 4th DCA 2004).

      Finally, if there has been no record activity by the plaintiff for 12 months, then according to Rule 1.420(e), the court shall dismiss the action. See, Wilson v. Salamon, 923 So.2d 363 (Fla. 2005).

      Entering an order denying a motion to dismiss without a hearing or at a hearing without a notice specifying that the motion to dismiss will be heard violates that right to notice and opportunity to be heard which is part of that quaint old right to due process. Oh, by the way, violation of a rule or controlling precedent is a felony violation of 18 U.S.C. § 242, something which crooked judges have been prosecuted for before on occasions in which someone knew how to put the prosecutor on the spot.

      It is too bad that none of the foreclosure defense attorneys know how to push for prosecution and removal of the crooked bankster owned judges. Perhaps they should consider consulting with someone about this.

      • Officer of the Law says:

        Also, judges cannot just decide to set a case for trial. Judges do not have such power until a party files a notice for trial, and once such a notice is filed, the case may be set for trial if it is at issue. See General Guar. Ins. Co. v. Bolivar, 460 So.2d 1011, 1012 (Fla. 2d DCA 1984).

  2. MEG says:

    We all knew that the holidays would be quite for the most part on the fraudclosure front. As other people were running around looking for that last minute gift, many of us were worried about losing our homes. Many of my friends who are not in foreclosure, are experiencing some sort of financial hardship; they too are worried about falling behind, becoming the next one to loss their home.

    Our country is in serious trouble, and it is going to take a great force to turn us around in the right direction. We are quickly becoming a third world country, in my opinion, consisting of the rich and the poor.

    We have all been quite for the most part, as we gather our evidence of fraud, thinking that once we gather this evidence, surely something would be done. Yes, there has been some acknowledgement that this evidence we have gathered has indeed occurred, but where is the outrage? Where is the… we are not going to let this kind of behavior continue? As we all marvel and think to ourselves had it been us, we would be in jail by now.

    Today, as I was reading through the daily posts on the foreclosure front, I saw some really disturbing articles; articles about people so desperate to keep their home that they would rather die in a ball of fire, than be put out onto the streets. I read articles about Judges who declared that their courts are above the law, but when word got out, they quickly retracted their words. Would they have done this had they not been caught? Is this something that is a rare occurrence in our court rooms? I think not…

    Will everyone remain calm as we discover all our disclosures have produced is a slap on the wrist? A fine and sturdy warning to be more careful next time they decide to draw up their fraudulent documents? I find it disturbing that there is a “Hope for Haiti” yet there is no “Hope for America.”

  3. wonton90 says:

    it isn’t even the tip of the iceberg everyone involved in this Foreclosure mess seems to be
    above the law if you or I did anything like this we would be in JAIL
    everyone is covering up for everyone else I did work for The Law Offices Of David J. Stern
    I also did work for another firm in Florida the other firm may have made errors not intentional Stern
    is an ANIMAL why isn’t he in jail he used my company for employees to work on the Foreclosures
    he is NOT paying my invoices and now my company cannot stay afloat all my employees were
    Certified Paralegals they were not the employees Stern used from the streets and they were from the streets
    and those people were doing people’s Foreclosure paperwork when they could not even write well
    he has no scruples I call everyday for my money and I get from the Comptroller Esther Surujon
    that she cannot speak to me to speak to the firm Attorney this is my only vehicle to have a say
    can you imagine DJSP and Stern used my company to pay for the employees and pay payroll taxes
    and he is not paying they spoke of bankruptcy
    Stern let go of employees like they meant nothing those people have nothing and now he is doing it to others
    maybe he will do it to the whole state I am writing on every blog and speaking to everyone
    do you want to know why those employees spoke to the Attorney General because he probably treated them as he is treating my company like he is above the law
    everyone who knows me and my company can tell you I am ethical and hardworking now they aren’t paying
    payroll I gave out and he gets to drive his cars and boats and live like a King where is justice pay your bills
    how can you live like a king when you are putting people out of business how?

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