Foreclosure Fraud | Florida: Land of the Homeless


January 2011


The Christmas Season has past.  The New Year has begun.  It is a time of year where all of us think about how thankful we are for the things that we have; the families that we have; and, contemplate what the New Year will bring us – Jobs, Storms, Weight Loss.  We are often thankful that the old year is gone and look hopefully to a New Year.  With the passing of the Christmas Season also goes the consideration and thoughtful concern for those who are less fortunate than we – those who have no home, no job, and who had no gifts under the Christmas Tree or no tree at all.

Unfortunately, there are a set of individuals who are Happy that there are more Homeless People in the Streets; Happy that there are more empty houses; Happy that Florida can be named the Land of the Homeless.  These are the majority of the Judges – in Foreclosure law, of course – and the State Capital, who has ordered 62% of all families in foreclosure to be out of their houses as fast as the Robo-Courts can so Order, who have a stated goal to throw more people out of their homes because the State Capital refuses to fund the Courts with enough judgeships to handle the foreclosure cases that are flooding the Courts.  Instead, the State Capital decided last year to fund – for a short session – Robo Judges who sit in Robo-Courts with the specific mandate to throw Families out of their homes that represent 62% of the foreclosure cases pending in the State Court system.

I call them Robo-Judges because these are retired judges who are so far past the age of Contemplative Thought that they often look like deer caught in the headlights of an oncoming car when having to TRY to listen to a well-constructed legal argument.  In truth, the Robo-Judges were never brought out of retirement to actually READ the pleadings filed by Attorneys, who have sweated through the last three years trying to draft pleadings that address a very complex Ponzi Scheme created by the Financial Institutions in very simple terms.  The Robo-Judges were hired to rule over Robo-Courts to simple Rule for the Plaintiffs.  Forget due process, equal protection under the law, fairness, evidence, The Law!!

There is so much evidence of the use of fraudulent documentation and fraudulently procured Affidavits being filed by Plaintiffs and their Attorneys that one would think that the Plaintiffs and the Foreclosure Mills would be the ones who would be disbelieved if it came down to the scales of justice.  Congressional Testimony procured over the last two months have overwhelmingly documented the necessity of Financial Institutions to utilize the Court system to steal people’s homes because their greed to quickly sell loans to REMIC Trusts – called securitization – prevented them for completing the necessary paper work to secure the title.  Thus, making the Court System partners in this Ponzi scheme because, for the scheme to work, the Judges have to ignore the fraudulent documentation, fraudulent affidavits, and ignore repeated request for discovery – discovery acceptably in any other area of the law – that would reveal the fact that the Plaintiff does not own the loan being foreclosed nor does the Plaintiff know who owns the loan.  If allowed the acquire the discovery requested, the Court would also find out that the Plaintiff has been paid for these loans through insurance policies or through the United States Government or through Credit Default Swaps or by selling the same note numerous times.  Thus, the Court manned by Judges who have been mandated to grant summary judgments as long as the Plaintiff has produced the necessary fraudulent documentation has become part and parcel of the problem and an intimate spoke in the wheel of this Ponzi Scheme, which I refer to as Fraud well done; especially if the Courts will not allow Defendants – i.e. Homeowner’s – to get the evidence to prove the Fraud.

That is why I have come to the conclusion that the more Families that are on the streets the happier the majority of the Judges in Florida are.   HOMELESS Mothers, Homeless children, Homeless elderly.  These are the goals of the State Senators, State Representatives and the majority of the State Judges.

NO matter how much evidence there is that the Plaintiffs, with the help or tacit approval of the foreclosure mills, are manufacturing the evidence necessary to steal Homeowner’s homes, Judges simply don’t care.  Robo-signers, without any concerns for the truth or veracity of the documents stacked in front of them, sign affidavits and assignments of mortgages prepared by others and notarized by individuals in another room or building or State without complying with the basics of Florida’s State Notary laws.  Law firm employees also sign these Affidavits in support of motions for summary judgment or assignments of mortgages filed by the law firms – thus, the Plaintiff’s lawyer’s office staff or attorneys becomes the material witness for the lawyer’s client.  One has to wonder where Ethics has gone to.  But if the Judges don’t care and the Florida Bar does not care then more fraudulent documents will continue to flood the courts and more people will be out of their homes without any due process consideration.

Alarmingly Judges across Florida are ruling that their counties will not follow the rules of civil procedure or rule of evidence or State Statutes – in the foreclosure division only.  In one county the Chief Judge has just made an administrative rule that assist Plaintiff’s in avoiding mediation with Homeowners.  Judicial Goal:  Make as many people HOMELESS as possible.  Administrative Ruling have also been issued regarding what documents a Plaintiff must file with the Affidavits filed in support of summary judgment; thus, leaving open the question as to whether this is an abrogation of Rule 1.510(e), which requires all documents relied upon or supporting statements in an Affidavit be attached to the Affidavit and authenticated, or is this an additional requirement that the Court is mandating.  Why make any Administrative Rule? Rule 1.510(e), Florida Rules of Civil Procedure, has been around for a very long time and every attorney and judge knows what it means.

Robo-Judges have been hired, utilizing State Funding, with the sole purpose of making Homeowners Homeless.  These Robo-Judges love their jobs.  They don’t have to follow the law.  They don’t have to follow the Rules of Civil Procedure.  They don’t have to listen to the Arguments made by the Homeowner’s Attorney.  They can throw case law into the trash can.  All these Robo-Judges have to do is grant summary judgments and throw people out of their homes.   Robo-Judges have NOT been hired to be impartial.  They have been hired to make people homeless.

This is the root of the Constitutional Crisis that is now unfolding in Florida.  Judges are being hired who are so old that learn about new subjects is well beyond their capabilities.  These Robo-Judges are not elected and are held to only one standard – how many motions to grant summary judgments have you made.  No matter how valid the argument for the homeowner  or how fraudulent the documentation, the goal is to close cases and throw people out of their homes, without due process and equal protection.  Judges, who we Floridians and United States Citizens depend on to uphold the law, are being hired to do just the opposite and the State Legislature is solidly behind this breach in the Constitution.

Somehow Florida Judges have determined that it is better for Floridians to become Homeless; that the economy is better if more families are rendered homeless.  Somehow Judges have deluded themselves into believing that  judicial integrity will survive their ramming foreclosures through while ignoring the law, civil procedure rules and the well-documented fraudulent activity of the Plaintiffs and falsification of documents, with complete immunity.

Judges, do you really believe that making families Homeless is somehow an aspiring calling?

Judges, do you really believe that a backlog of cases somehow justifies placing the legitimacy of our civil court system into question?

Judges, do you really believe that tacitly approving the systematic abuses, manufacture of documents, a complete lack of admissible evidence related to the chain of ownership and the fraudulent misdeeds of the lenders/servicers and their robo-signers and foreclosures mill firms/attorneys will somehow further the goal of stabilizing an economy that crashed due to the securitization of home loans through government and non-government trusts which has left many Floridians and American Citizens without jobs, without homes, without Christmas and without a hope of a Happy New Year?

The State, the Cities and the Counties are suffering financially because of the loss of money from property taxes.  But there is an appalling lack of concern for the loss of millions of dollars that the Financial institutions should have paid in recording fees.  Or how about the loss of fees when the Judges do not routinely dismiss cases that the Plaintiff has failed to prosecute within a year.  Instead of dismissing these cases for lack of prosecution and getting either a new filing fee of $900 to $1900 or just the $50 re-opening fee, the Courts throughout Florida just wag a finger at the Plaintiffs and condemn the Defendant/Homeowner for not moving the case forward.  Hundreds of Thousands of Dollars lost due to Court’s pandering to the Florida Bankers Association.

Who gets punished?  The homeowner!  Homeowners are not allowed to file counterclaims because those claims may cost $900 to $1900 even though the claims have nothing to do with foreclosure but are based in a Declaratory Judgment or a beach of contract.  Homeowners are not allowed to get discovery that may prove that the lack of ownership of the loan by the Plaintiff.  Judges don’t read the pleading and have no concept of what the arguments are when coming to court – and these are complicated arguments.  The list goes on and on.

It is time for the State Legislature to fund the court systems throughout the State of Florida to allow for the hiring of competent judges who are willing to follow the law and stop pandering to the Florida Bankers Association.  All Robo-Judges should be gracefully re-retired.  Personally I think these new Judgeships should be elected because most Floridians have lost all respect for the Court system as it now exists.  Will this cost money?  Yes, So add a penny tax to the sales tax.  The integrity of our court system is more important than one cent.

MERS – Mortgage Electronic Registration Systems – must be recognized for what it is – the strawman for the Plaintiff.  As part of the Plaintiffs’ scheme, MERS must be made to open its computers systems upon simple discovery requests made to the Plaintiff so that Homeowners can find out who ownes these loans – which, personally, I don’t think the Plaintiff can prove.

Fannie Mae and Freddie Mac must also prove that it owns these loans or what GSE Trust the loan was allegedly sold.

Judges throughout the State of Florida must start sanctioning the Plaintiffs and the Plaintiffs’ law firms for flooding court system with fraudulent documents in an effort to use the Florida’s Courts to finalize their theft of property.  Homelessness should not be the goal of the judges.  Justice should be the goal.

It is time to hire good Judges who care about the Rule of Law.  It is time that the Courts must do what the Federal Courts are doing – force the Plaintiff to prove their case.  If the Plaintiff owns the loan then the Plaintiff should be able to prove that the Plaintiff bought the loan for a fair consideration – i.e money – via wire transfer or some other valid documentation.  Just because the Plaintiff walks in holding what purports to be an Original Note does not mean that the Plaintiff owns the loan and can enforce the mortgage.  I can drive my neighbors car but that does not mean I own the car or can sell the car.

In  2011 I resolve to to continue to fight this battle for the Court system of Florida.  My goal is to be a part of the movement to return the Court system to the people as well as to see sanity and logic to reign once more.  This can only be done if more people fight the Bankers and write their State Congressmen and Senators.  Everyone must get involved because it effects everyone.


12 Responses to “Foreclosure Fraud | Florida: Land of the Homeless”
  1. franklin says:

    this is the third time I have posted this so lets see if it goes through this time

    to JA

    there is a federal law that helped me file a legal complaint to the federal govt without filing in court.

    it is an administrative legal complaint that may end up in federal court.

    the law is under the Fair Housing Act of 1964.

    it provides for mortgage discrimination which predatory lending has been ruled by HUD and the federal court i in baltimore, md. last July ruled that predatory lending is reverse redlining and discrimator violation of the Fair Housing Act. this law provides for private counsel and attorneys fees to be paid t o the homeowners private attorney by the lender.

    not very many homeowners are using this law or know anything about it.

    you can file a complaint through any state housing agency but be sure and do it in writing and get a receipt for your submittal . no phone complaints .they may disappear.

    I am not giving any legal advice . contact carol for that . i m just relating my own experience that may work for me.
    best regards
    David B.

  2. david black says:

    hello JA

    2nd attempt. there is a hole in the federal code that we homeowners may be able to use to get restitution.

    it provides for full restitution and attorneys fees at the federal level and fines against the lenders.

    I tried calling ms asbury at her office and left a message to see if she could help us with this and left my number.

    the bottom line is that homeowners are not filing complaints at the federal level using this law that does not require filing in federal court right away to start getting some justice. it is an administrative action that might result in the federal govt taking the lenders etc and their compatriots to federal court on behalf of the homeowners.

    so far there are very few homeownes that know about this federal law and how to use it or how to file. it is available in ever y state in the country and it is a civil complaint as in civil fraud which one does not have to prove intent only misrepresentation.

    this law relates to the original loan itself with the following actions like foreclousre being a prima facie evidence ot “bad faith ” by the lender mortgage servicers and foreclosure agent.

    powerful stuff . if interested I think one should contact carol NOT Me I am NOt an attorney but I have filed my complaint and being stonewalled so that may be a good indication that I am heading in the right direction.

    these state and federal courts do NOT want our cases and only one in seven class actions get certified to continue on and are otherwise dismissed. that already happened in my case against my servicer.

    these guys own everybody. but there is still hope JA

    David B.

  3. Equity Free says:

    Leverage: State Enforcement Actions in the Wake of the Robo-Sign Scandal:

    I thought this report offered good incite and some remedies using the state Unfair and Deceptive Trade Practice laws already on the books . Thanks to the brave attorneys standing up to the robber barons !

  4. david black says:

    hello JA

    there is a hole in the federal law for we homeowners to fight the big bad banks on their own turf at no expense to us and not have to go into federal court. the process is known as an administrative process before going into federal court. the homeowner does not need an attorney but if they want one, the law provides that the federal govt at the lenders expense will provide for payment to a private attorney to handle the case.

    that is just the beginning of the relief

    I tried to call Carol and leave a message to see if she could help us.

    this is a powerful law but no one is complaining to the federal agency that has jurisdiction.. no one means there are some but certainly not millions like it should be because no one is teling the homeowners about this federal law.

    i suggest we call carol and talk to her about this. i left a message for her under my name here to call me back.

    I might be wrong here but I have researched this for three years and it is good path for some of us.

    we all need to unite and keep complaining and petitioning the federal and state govts. never give up and carpe diem

  5. In my opinion…by passing the fraud from the closing table till now….looking through my daughters foreclosure papers… the fraud scums of the law firm hired by Chase…twice now thru court recordings.. still claim they have proof they own the note and mortgage. The proof they show each time is the ‘organic’ affidavit and letter dated within a week after stealing Wamu. The affidavit just say’s.. Chase took over WaMu…no signature…the letter say’s Chase now owns the loans and loan committments. This I feel is completely wrong. At that point of a week or less…no way did the FDIC nor Chase even know who the owner was. Course, fraud was hidden back in October 2008. Plus up tp last August 2010 Chase and the FDIC had not even completed the purchase agreement. So Chase was not the owner…period. Yet…the mills frim still claimed it owns the note/mortgage USING the affidavit and letter as proof. The copy of the note is a joke…we got the same thing. So now we wait on their second chance in court to prove with original note/mortgage and answers to approx. 20-25 questions requesting documents. They requested more time to answer after receiving the request…6 months later…nothing. So the moral of this story is…the FDIC errored in stating the ownership in the letter. when in fact, they did not know who the owner was. The FDIC knew what they were trying to pull, no one can convience me different. Blood runs thick. As far as the judges and courts in Florida…are only adding to the anger that is building up in alot of people. This is going to be the year…enough is enough. If the courts are part of the ponzi racket and approve of fraud…I wish them well and good luck…but take the robe off and wrap the shawl over your shoulders before getting into your rocker and rock fast to shake the hell out of what brain you have left. It may help you to come to your senses….. With families homeless and fraud being approved by the courts and houses sitting empty…this is not America. We need to stand and fight this cancer..fight with all we got….POWER and UNITED TOGETHER. WE CAN DO IT.

  6. Patricia says:

    Thanks Carol. Great post. This post should help inspire us all to keep fighting. I agree with you that the courts are a disaster but I don’t think more judges are needed. It seems to me that the regular civil judges don’t have much to do anymore as the bulk of their cases are no residing with the senior “judges.” We are paying these seniors $350.00 per day in addition to their pensions so they can throw taxpayers on the street. It is mind blowing.

  7. sheila says:

    Right on!!!!!!!!!!!!!!!!! I wrote to the Attorney General and he wrote back saying that he found no wrong doings of this judge. Now a year later after I lost my home and my family is homeless. All the truth comes out of all my findings as well as my pro-bono attorney discovered and entered as evidance. Great job on this attical.

  8. Larry says:

    Thank you Carol.

    This is one of the best posts I have seen yet

    I too agree with you and will be working hard this year to expose this crime and attempt to restore justice in our court system. I am a pro se litigant who has been fighting this ponzi scheme for the past 4 years with minimal success in my own cases, however I recently wrote a Writ of Mandamus to the Second District Court of Appeals addressing many of the issues all Homeowners and Defense Attorneys are faced with in their pursuit to find justice. I realize a Writ of Mandamus is only used in an extraordinary situation, however in my particular case I was left without a remedy, thus the reason for the Writ of Mandamus. I also realize that nearly 75% of all Writ’s filed never make it past the first 30 days, much less see an order to show cause, or mandamus response, but I am pleased to say that my writ has made it through so far. The respondents have until January 17th of 2011 to respond, and I am hopeful for a favorable opinion, an opinion that may very well help many Homeowners and Defense Attorneys through out the state of Florida, especially in Lee County.

    Here is a link to the Writ of Mandamus –

    As well all exhibits are also uploaded to my Scribd page labeled as – exhibit 1, exhibit 2, exhibit 3 and so on as it relates to the Writ of Mandamus. In addition, I will continue to update all responses and opinions moving forward.

    Keep up the good fight,

  9. Blue Floridian says:

    Great opinion piece. Have you filed a motion to find the senior judge oriented dockets an unconstitutional run around of the requirement of elections for circuit judges? Do you know of any circuits where the motion has been favorable received? I practice in front of a retired county court judge who has been appointed a senior judge. While he does recognize he is a court of equity (a good thing) he also sleeps thru presentations and his rulings are unpredictable. I’d like to know if anyone has had one of the circuits found to be unconstitutional because of the seemingly permanent appointment of temporary courts.

  10. J A says:

    Carol, your post causes my heart to break even more. I worry so much about the children. Just last night I was watching video training sessions by Dr. Regelena Melrose on YouTube. She is an excellent psychologist who specializes in healing children (and adults) who have undergone trauma. She works with a lot of teachers in training sessions, and the teachers tell her that they are seeing so many more signs of trauma in children due to foreclosure and homelessness. One can only imagine the world we’ll live in when these children have become adults.

    I am really worried that the fraud and corruption in this state will escalate now that we have a convicted criminal sitting in the governor’s mansion, a man so secretive that he refuses to allow the press into his lavish inaugural party.

    Brace yourselves, Floridians, because this doesn’t look good. It is getting harder and harder to have hope.

    And of course we’ll probably never see compensation for people like me who have already lost their homes to fraudulent foreclosure.

    • david black says:

      hello Carol and JA.

      that is what the bad guys want i .e . that you think you have no hope. that your righs are gone and the gov is in the bad buys pocket .

      well. there is HOPE and there is a solution. that solution in my view is staring all of you in florida right in your own back yard. I had my taste of florida courts and I said they were a civil rights disaster with fraud and corruption rampant while the citizens slept in their beds.

      It is not proper to go into that here but the point is that perhaps this housing crisis there is a blessing in disguise about how much is needed in the area of reform of the entire state government there and the courts especially the lower courts. I suppose most FLORIDIANS dont know about Gidian case there years ago.

      Gidian vs. The State of Florida with Gidian represented by the Stetson Law School in St. Petersburg. that case changed florida for the better forever but it didnt get the job done.

      There is relief for all floridan homeowners and me included even though I dont live in florida but I am getting hassle by Chase. I dont think I need to say more. The play rough like real rough

      with the white house announcing that the new chief of staff is from Chase says it all abuot how much control these banks have over our state local and national govts is beyond belief.

      there is relief in my opinion for all of you there . in my view,

      I am not a lawyer and few agree with me but I do believe there is relief in federal law for all ofyou and a path for full restitution of all of your legal fees and mortgage payments on those predatory loans.

      best regards

      • J A says:

        I agree that it should be possible for us to get relief in federal courts, but I think we need at lease one fearless, sharp attorney to lead that charge. I am not a licensed attorney. Though I represented myself pro se in my foreclosure proceedings and fought off the great beast known as the Florida Default Law Group for 11 months, they eventually wore me down. That was in June 2008. I need to spend my time working, as I am a freelancer, and if I take time in my life again to do all that legal legwork, my earnings will suffer.

        Just waiting for one of the fantastic attorneys who post here (and I mean that literally, not sarcastically) to lead the charge for us. If I were one, I would have already done so.

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