Florida House Representative George R. Moraitis, Jr. Values Your Input on Expedited Foreclosures and Goals for the Judicial System

Below is an email that was  forwarded to me from Florida House Representative George R. Moraitis, Jr.

It seems that he is more concerned that our judiciary become an auction house instead of a place where constitutional rights and due process of law is upheld.

He suggests “expediting cases in which there are no legitimate issues which should prevent the lender from receiving or selling the property on account of the borrower’s default.”

Well, I guess he has not read the national news lately, because from where I’m sitting, I have not seen one case that DID NOT have “legitimate issues”, ie lack of standing, no causes of action, induced default, false placed insurance, bogus loan mod offers, escrow manipulations, robo-signing, false affidavits, defective assignments, fabricated notes, manufactured allonges, forgery, false notary, fraud on the court, perjury, you know, felonious acts…

Not paying a mortgage is NOT illegal, what the banks are doing to seize property IS.

Anyone who would like to write a response and have it posted on 4closureFraud just let me know by contacting me through the contact form…

Or if you would like to call or write him directly, his contact information is below…

I think he could use the input.

From the email…

From: “George Moraitis Jr.”
To:

Subject: Foreclosure Reform

I have recently been elected to the State legislature and we are working on reforms to improve the foreclosure system in Florida.    The vast majority of the homes presently in foreclosure have no equity and there is no dispute that the borrower is failing to make any payments towards the balance of the mortgage.  We have obtained input from the Florida Bar Real Property Probate and Trust Law section and I would also welcome your input on what we can do to improve and reform the system.

The goals would be to protect owners who have a legitimate property interest (equity) or who are being mistakenly foreclosed while expediting the cases in which there are no legitimate issues which should prevent the lender from receiving or selling the property on account of the borrower’s default.

While it is important that we are compassionate as a society, allowing non-paying owners to occupy a property for extended periods with impunity or even collect rental income from the property should not be goals of the judicial foreclosure system.     Although there is plenty of blame to go around in the making of these loans, ultimately everyone understood that there was an obligation to pay for the property as a condition of the benefits of ownership.  I respect and share the desire to help those in need, but this is a charitable impulse which should not be shouldered by the lenders without their consent through the manipulation of the legal process.   I understand that we as the taxpayers have helped the banks from failing and clearly there are needed reforms to our banking system, but this intervention by the government to protect the economy did not relieve borrowers from the obligation to repay their mortgages.  In  fact, the failure by borrowers to repay their mortgages only exacerbates the problem.   I am certainly not defending bonuses paid to bank executives or dividends given to shareholders in the wake of this crisis, but I do not agree that non-paying borrowers should be entitled to profit from the government’s intervention either.

One suggestion might be to allow lenders a more expedited foreclosure where it can be demonstrated that there is no equity in the property, no payments are being made and the bank agrees to waive the right to a deficiency judgment.

As stated, I welcome and value your input.  My phone number is below and I look forward to hearing from you.

Sincerely,

George

George R. Moraitis, Jr.
Moraitis, Cofar, Karney & Moraitis
915 Middle River Dr. Suite 506
Fort Lauderdale, FL 33304
(T) 954-563-4163
(F) 954-563-5913

gmoraitisjr@mcklaw.com

Again, anyone who would like to write a response and have it posted on 4closureFraud just let me know by contacting me through the contact form…

~

4closureFraud.org

Comments
33 Responses to “Florida House Representative George R. Moraitis, Jr. Values Your Input on Expedited Foreclosures and Goals for the Judicial System”
  1. I picked up a tad of arrogance in the reply of Mr. Eisler to (PPARKR500). In his comment of…” Who can blame a bank for not taking a short sale even if the value is right after they have eaten up more money in delays and attorney fees?”
    What he fails to explain is…the bank may not have the right to approve a short sale..without the real owners approval..but the bank does not want the borrower to know they are not the owner of the note/mortgage. Also..the delays were the banks delays..not the seller’s or buyer’s….the banks delayed on approving the short sale until the buyer gave up…the bank can make more money in a foreclosure..their losses are backed up by bed partners and (most) courts failed to see two sides of the foreclosure..so it was win win for the banks…$$$ from the sale of the property. That is why the banks did not go for the short sales.
    The same goes for modification..same scenario….let you hang for months..drain your bank account..than tell you ..you are denied…and foreclosure is about to be filed in court. Foreclosures were their goal from the start. The plan was in the works about 2000…Inflat and deflat…ARM’S Optional and Sub-prime..securitizing…selling over and over gaining profits till the greed popped out of everywhere. Who owned what…who sold what..what’s this..is that fraud? Look further and pieces of the puzzle start coming together. Just as lawsuites are still asking for answers and demanding their money back. We want answers. and action…the fraud will not go down the drain into the sewer. They know where it started and who was involved and they know all heads ignored the fraud…it was known in 2004 and the Justice Dept. did nothing.
    So I must say Mr. Eisler’s comment sounds a bit on the bankers side of the fence…he did not blame the banks for not approving short sales. Why would he give his opinion or comment such as that …when Mr. Moraitis asked for comments from the people concerning foreclosures and the courts? It is understood Mr. Eisler is a friend and colleague of Mr. moraitis so it makes one wonder what this request from Mr. Moraitis is all about..is it to help the banks or help the citizens of the State of Florida?

  2. Liz in Sarasota says:

    Did you know that J P Morgan Chase has not modified one – NOT ONE – mortgage in the 12th Judicial Circuit here in Sarasota? Not one.

    • Not one? I’m not surprise at all! knowing how Chase has no consideration at all for homeowners even that they are their customers, hope that any customer of Chase that has a Mortgage with Chase and also has checking accounts moves their money out of it and cancels their accounts. that will be some way of small retribution

  3. WHIP// says:

    This guy is a FOOL.

  4. MMirro says:

    1)”Legitimate property interest” and “equity” are not the same thing.
    2) to pparke500: …”Look to Treaury for recoupment” says it all .. which is the end game for the king banks and Wall Street to save their balance sheets, and for Treasury and our elected officials to cover their grave, arrogant and inexcusable performance. Also means the general taxpayer will pay the tab for the poor business decisions of businesses that should otherwise fail … again.
    3) Finance now claims they need the rules bent to accomodate loan securitization to “keep costs down for the borrowers”. Hogwash. Watch for the law changes they’ll be wanting to usher in. It’s already begun.
    4) For all the cryin going on about foreclosures, let’s consider a few things:

    – A borrowers ‘promise’ to pay is but one side of a two-sided contract. There is no “moral” imperative for only one side to honor.
    – There is a moral imperative to guard against thievery, because undefended the hoodlums will take over.
    – Contracts generally have provisions for what either side can do if the other party defaults. This works both ways.
    – At the essence of a mortgage contract, a lender/note holder should have no obligation to modify or otherwise capitulate to a change in contract terms just because the borrower can’t continue to pay. On the other hand, a lender/note holder should also be able to show they are the proper party to receive payments and show proper accounting. The current dilema is partly due to federal involvement and the huge scope of the problem at hand.
    – If a lender/note holder wishes to foreclose, there are rules that they must abide by. The basic rules are not new but centuries old, tried and true. Same applies to those wishing to defend.
    – If one side or the other does not follow the rules, or can’t make their case even if they do, they should lose. On the grand scale of this particular social dilema (2nd depression/mass economic evaporation, etc), anything less risks bastardizing our judicial system to the point of anarchy.
    – If you do the math on most loans in default vs. current market value of the note or the asset (property secured), then consider that most delinquent borrowers would be willing to honor their original obligation or a reduced amount still over current market value, it makes little sense that one holding a $100 note would foreclose, costing them an additional $10, so they could then sell the $100 note for say $40, netting them $30, for a 70% loss, when they could likely work a deal with the original borrower reducing their loss significantly. Lender losses are inevitable here. It’s only a matter of how much. So why would they do that? Because it pays more than the alternative. Math and money. Think credit default swaps (insurance policies), FDIC loss-share agreements and $140 Billion taxpayer bailout of AIG. Then think tax dollars swirling down a hole.

    At the end of the day the legal rules were all in place well before this started. We don’t need another 2,000 page bill that no one will read. The courts obligation is to uphold the existing rules. Their job is not easy these days. I pray they have the wisdom and fortitude.

    If Moraitis is legit, he will propose and get passed serious increases in the penalties for now common transgressions such as fraudulent accounting, fraudulent affidavits, fraudulent notarizations, violations of FDCPA and FDUPTA, fraud on the courts, Bar violations by lawyers; and establish State licensing of attorneys since the Bar’s have a conflict of interest and are failing to police its own memebers; re-split commercial and investment banks; require originating lenders keep skin in the game; and on and on.

    ‘Tis a telling time indeed. How it turns out will be determined by what the majority constituents demand … or don’t.

    • Mr.MMirro, I congratulate you on your comment yo seem to have a lot more conscience about what justice should be and about the rule of law than Mr. pparke500. Great comment

    • pparke500 says:

      Mr. Moraitis is a lawyer in his daddy’s law firm and their law firm does short sales for the banks. So good luck waiting for him to propose legislation to send bankers to jail.

  5. pparke500 says:

    I emailed a letter to Mr. Moraitis and was placed on a forum with lawyers who were discussing the matter so I posted my responses. Here are some of the responses I received:

    If the loan is owned by an entity that did not accept any Federal funds they have no duty to accept a modification or a short sale. Furthermore there is nothing in TARP that mandates they accept a short sale. If Wells is acting as a servicer they do not have to do anything that is not approved by the owner of the loan. The lender actually has to sell or look for recoupment from the Treasury for a bad asset.

    You have the right to litigate your issues. The bank has the right to deny settlement requests. If the loan is federally insured they must allow for the consideration of a HAMP application which has a waterfall calculation. So you either qualify or you do not. Outside of that you are likely getting the response to vexatious litigation which is expected. The exercise of due process with the usual laundry list of affirmative defenses comes with a price to the litigant. Like a higher 1099 or being the sole defendant getting a deficiency judgment.

    Perhaps a more subtle approach would have worked. Who can blame a bank for not taking a short sale even if the value is right after they have eaten up more money in delays and attorney fees?

    Michael J. Eisler
    Straus & Eisler P.A.

    Ms. Parke
    As a member of this forum, I am embarrassed for your rudeness.
    A newly elected member of our State Legislature is making a significant
    effort to learn about an issue, by seeking input from attorneys and
    constituents, yet you slam him?
    What you meant to say was, “George, thank you for your time,
    we look forward to hearing from you.”

    I do not mind if you want to litigate legal issues in court with my partner
    Michael Eisler and myself, but this is an informational forum, not a soapbox.

    Arnold (Skip) Straus
    Straus & Eisler P.A.

    Apparently, subjecting banks to proving their claim is “vexatious litigation”, and I must kiss the legislator’s ring before I address him.

    • ForensicMortgageExaminers says:

      Skippy Straus and his partner are cronies of the Moriatias boys (ole Grogie and his Daddy) and are cut of the same cloth, check out his website: http://www.enterprise-title.com/se.htm

      If you read a bit you will stumble across this tidbit:

      “Prior to creating Straus & Eisler, P.A., Michael J. Eisler was a partner in the statewide real estate foreclosure firm of Speiler and Associates from 1990 to 2000.”

  6. Lit Gant says:

    I really do not think this legislator deserves an answer from property owners. If he thinks just because a property owner has no equity because of the devalue of property values, and this should give banks an automatic foreclosure right, he is crazy. Where is this found in the law? He is making it up. The fact is, where there is fraud the foreclosure should be dismissed with prejudice. And where there is proven criminal behavior in the securitization process, notarization of assignments, and so forth, these should be dismissed with prejudice. This legislator may not be responsible for the foreclosure mess, but he sure does not have any solution that is fair to the property owner.

  7. This guy…….is an Idiot!

  8. Jason Werner says:

    Re: Update on Foreclosure Reform
    Friday, January 28, 2011 12:55 PM
    From:
    “Jason Werner”

    To: [redacted]

    Dear George,

    Thank you very much for your reply. I guess I just missed you, as I called your office to discuss remedies for banks’ defaults.

    Quick notes as we can discuss this further on the phone later, I have experienced that my former colleagues have been concocting fraudulent contracts both with investors and borrowers with obvious misrepresentations both verbally and materially to them – outright fraud – originators, servicers, lenders, securitizers, and Trustees have been operating racketeer influenced businesses in their crimes against victims borrowers and investors.

    You mentioned issues with robo-signing. That matter is what it is at a much later stage, whereas I have seen the defaults by “banks” on their fraudulent contracts; much of this is not in the courts because discovery is not allowed. Borrowers have been working tirelessly nationwide to help banks in their indigence as well as even putting in hundreds of hours of their time to assist banks’ attorneys to go down a smoother and more honest path, but banks have not voluntarily cooperated, which is why criminal prosecution is imperative, as this matter is not mere defaults by banks, but rather their theft by deception in the states and Title 18 matters on the federal level.

    I iterate my direction with this matter is not so much the road of crooks leading robo-signing, but the root problems of what causes my former employers’ indigence: Fraud.

    Talk to you later. Your assistant has my cell phone number and it’s below.

    Thanks so much,
    Jason

  9. Hope... says:

    After reading through the comments, I am wondering if writing to this Representative will be a waste of my time. Can we change the opinion of a person who is involved with the banks & the real estate community? Will my letter be read, or thrown in the trash?

    There is a reason nobody is complaining , because they know nothing will be done. When I first moved to Florida, I thought it was an honor to to vote. The past few years, I have not voted in any election, besides the Presidential election.

    During my time in Florida, I have had a few issues that caused me to write to an elected official and no response, or I get an email from an assistant to contact someone else. The voters are fed up with the entire system.

    I can see how there could be an uprising with the little that is being done to not only help homeowners, but the economy. While they are making bonus’s and getting health insurance etc….people are suffering. They said 5 million homeowners are at least two months behind on their mortgage. Add this number to the people that have already lost their homes….well you come up with alot of deadbeats.

    Maybe if we saw that something was being done by these paid puppets, we would be more inclined to write our stories.

  10. marilyn lane says:

    WAKE UP Pay attention to what is going on in this world. and quit sitting on your brains.

  11. learning2 says:

    Yes, he obviously doesn’t know anything…hopefully, I would like to say ‘yet’ but, I’m not too hopeful.

    He aught to check out the new report just released http://legitgov.com/Panels-Report-Stern-Warning-Repeating-Financial-Crisis

    ‘…The blow-by-blow chronicle of regulatory negligence and Wall Street recklessness released Thursday by a Congressional commission amounts to a scathing warning to the government about ways to prevent a recurrence of the 2008 financial crisis. Drawing on millions of e-mails, testimony and other documents, the final report of the Financial Crisis Inquiry Commission delves deeply into the actions — and negligence — of officials at regulatory agencies, investment banks, credit rating companies and mortgage lenders…’

  12. OH PLEASE…Is this guy for real? That chessy-cat grin say’s it all… Oh ya…he is a politician all right…but on the wrong side of the fence….let me explain the true definition of a politician…..” Often used with implications of seeking personal or partisan gain, scheming, etc. ” taken from Webster’s New World Dictionary.
    Mr. Moraitis needs to understand he is NOT talking to a bunch of banker’s….he is talking to a whole State of people who are very ‘educated’ on what this foreclosure mess is all about. It is not against the law NOT to pay mortgage payments, but it IS against the law to steal property with fraud.
    Before he follows what the bankers say, he should get some ‘ book learning’ as to what he preaches to the people. It is a slap in our face to repeat information we have heard 1000 times..that our tax dollars went to the fraudsters to save their A–es from failure. And for his information..the borrower ‘s know not a damn thing was done to help the borrower..even when fraud reeked through-out all the mortgages. This is the issue Mr. Moraitis… the plan these banksters had years back knowing exactly when a mortgage would go to foreclosure…AND…does he even know who funded these mortgages at closing..who the actual funder/lender was..and not the bank sitting at the closing table putting the banks name as payee/lender on the promissory note and mortgage and recording it in county recorders as fraud? I don’t believe this man even know’s what has gone on with any of these mortgages…Does he even know that millions of TOXIC mortgages were sold to investors? If they were toxic to investors..what the hell were they to the borrower…from the closing on these mortgages were TOXIC…doomed. The list goes on and on. So he need not be concerned with reform to push foreclosures thru the courts…first he needs to face facts of fraud..this is the issue…not payments being held back. Maybe he should get a shovel and dig deeper into this whole issue of foreclosures and Oh..he will need some rubber hip boots on while he digs.

  13. Gabe says:

    This guy is a Republicrat? I don’t know but I am guessing he is. Citizens of Florida RECALL HIM ASAP.

  14. So the banks doing the fallowing does not count Forged notes, lost notes, intentional destruction of notes, unauthorized people signing mortgage assignments or endorsing notes, missing documentation, fraudulently fabricated documents, different plaintiffs foreclosing on the same property, plaintiffs who do not exist and the inability or refusal to provide proof of purchase and/or ownership of the promissory notes.
    But only what the homeowners do counts? This guy is Fraud he just wants to expedite the Short Sale process so His Fathers Company can make millions Short Sellig their properties Sorry Florida you guys elected this guy!

  15. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    This guy is an idiot. I’m sorry the citizens of Florida will have to be dealing him for the duration of his term. Does Florida have a “recall” process? I think he is an excellent candidate for a recall.

    The most troubling quote I find in his email is this:

    “I respect and share the desire to help those in need, but this is a charitable impulse which should not be shouldered by the lenders without their consent through the manipulation of the legal process.”

    Due process for homeowners, both procedural and substantive, is not “charitable,” it is the law. Yet it is being consistently denied to homeowners by the Florida courts.

    As for “manipulation of the legal process” that is precisely what banks and mill attorneys are engaged in. Well, that along with multiple types of felony violations.

  16. ForensicMortgageExaminers says:

    This guy is a shill for the Mortgage Banker’s Association… he and his Daddy have been bought by the Banks. Take a look at this link: http://www.miamiriviera.com/realestate/property/M1397029/

    Read the ad.. it says “approved short sale! buyer failed to close- this one is approved and ready to go. must close with closing agent moraitis, cofar, karney & moraitis.”

    No wonder he’s all about the banks, if they foreclose quickly he and his Daddy (he joined his Daddy’s firm) can make money closing on the next sale to some poor sap who doesn’t know that the title is clouded and that the previous owner still LEGALLY owns the property.

    Isn’t there some way you Floridians can recall this guy?

  17. Fred Montano says:

    This is no representative of the people and indicates that this is a politician owned by the financial community. It is not against the law to not pay your mortgage it is against the law to commit fraud on assignments and lending. I suggest this Rep needs a cell not a place in Washington.

  18. Homeowners’ Motto for 2011: MODIFY, BUT ALSO NULLIFY!

    Following the old adage of “Trust, But Verify” I propose a new slogan for homeowners in 2011 in response to the foreclosure crisis: Modify, But Also Nullify.”

    Nullify your mortgages (deeds of trust) during or before the “loan modification” scam process.

    http://bryllaw.blogspot.com/2011/01/homeowners-motto-for-2011-modify-but.html

    • l vent says:

      Thank You for your honesty. Does that mean if I have the Original Warranty Deed the mortgage is nullified? I have not had an assignment of mortgage to my deed in in 19 years. My local recorder’s office told me the statute of limitations has run out for them to assign a debt to my deed. The Recorder’s office also told me that I own my home free and clear. I can live in it, sell it, or do what ever I want with it. My pretender lender has sent my loan to a law office hired by Fannie. They want to give me a loan mod or they are threatening to fraudclose. Are they just full of hot air?

  19. l vent says:

    Maybe this so called “State Representative” needs an explanation from you guys at this website about the PONZI SCHEME that caused FRAUDCLOSUREGATE and why FRAUDCLOSURE by GSE FANNIE/FREDDIE is HO– USE STEALING aided by the GOVERNMENT who are USING TAX-PAYER DOLLARS TO STEAL THE PEOPLE’S PROPERTY. This phony piece of crap State Rep needs to be thrown out on his ear at the least. No one should ‘VOTE’ for any of these NWO Nazi FOURTH REICH PUPPETS next election. This so called “elected” piece of crap knows he is trying to AID AND ABED the CRIMINAL ENTERPRISE and SO DO THE PEOPLE. They all need to be OUSTED FROM POWER BY THE PEOPLE. I hope he is held accountable for this by the people who “elected” him and he burns in HELL when he dies along with the rest of the Cabal of HOME STEALING,WEALTH STEALING,JOB STEALING, FALSE DEBT CREATING, WAR MACHINE, FEAR MONGERING, HYPER-TAXING, HYPER-INFLATING, BUBBLE CREATING, BUBBLE BURSTING, CORRUPT,EVIL,DECEITFUL,LYING, CRIMINAL OLIGARCH KLEPTOCRACY. THE REAL DESTROYERS OF NATIONS.

  20. Jason Werner says:

    Subject: expedited foreclosures
    Thursday, January 27, 2011 3:17 PM
    From:
    “Jason Werner”
    To:
    gmoraitisjr@mcklaw.com

    Dear Mr. Moraitis:

    It appears you have questions on how to fix the foreclosure problems in your state and you are getting ear-service that borrowers are not living up to their end of the deals.

    In my experience – as a former banker and of course victim now of fraud – I have learned and even the Financial Crisis Inquiry Commission concluded that regulators failed to enforce their rules and there was a systemic default of nearly all contracts by banks pursuant to criminal activity (racketeer influenced) of my former colleagues. I’ve explained their racketeering influenced business and fraud on my youtube page and even uploaded recorded calls (my state is a one-party state unlike your two-party state).

    I suggest we sit down to review documents of foreclosures in your state very soon to investigate the root cause of the people allegedly not paying said loans (I’m referring to your email thatwas posted on 4closurefraud.org).

    Hon. Moraitis, thank you for your precious time.

    Sincerely,

    Jason Werner

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