Mainstream | Fighting a Foreclosure Suit? Hope for the Right Judge

More and more, every day, the truth is getting out. Thank you Abigail for keeping it in front of the masses…

Fighting a foreclosure suit? Hope for the right judge

Many judges presiding over the countless foreclosure cases around the country are taking steps to stop fraud, but in a few key courts, the bench takes the opposite track.

By Abigail Field, contributor

FORTUNE — Since last fall, the judicial system has been confronting foreclosure fraud across the country. As the scale of the problem became publicized, it’s been increasingly hard for judges not to notice that the banks have consistently filed robo-signed documents and other problematic files in many of their foreclosure cases.

Not all judges are confronting the issues in the same way. Many are adopting procedures to stop any fraudulent behavior by the banks and are investigating questionable documents submitted in their cases. Other judges are turning a blind eye, at best.

Several state Supreme Courts have adopted procedures to stop fraud statewide, including New York, New Jersey, Florida and Maryland. For example, last October New York’s chief justice started requiring the banks’ attorneys to personally swear they had examined the banks’ claims and verified that they were true. As a result, foreclosure filings plunged in New York, and many have been dismissed for failure to file the required certification.

Check out the rest of Abigail’s report at CNN Money Fortune magazine here…

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4closureFraud.org

Comments
20 Responses to “Mainstream | Fighting a Foreclosure Suit? Hope for the Right Judge”
  1. one sound says:

    The Christ Jesus said the people suffer because of the lack of knowledge !!
    You all think you are free and what do any of you know about freedom?
    You all think you are paying your debt but what do not know is that you are wrong!!
    You are passing around debt with the paper that you use and there is a usury tax on that paper the rate at 100% ! you pay it the federal reserve when you pay income tax !
    Have you ever heard of the term pass the buck?
    Where do you think that came from ? passing the debt it is like a revolving door it never stops.
    It was designed that way because the banksters new you were all a bunch of num skulls for lack of a better term you are asleep and they know it because they are the ones who put you asleep
    Look at you all none of you are creating solutions you are just hear bitching about what oyu think you do .
    You don’t even know what you do Jesus Christ also said !
    Forgive them my father for they no not what they do
    You do not even try to organize yourselves
    Are you ready for the buck to stop right here you can do it if you were not afraid of your masters
    Did not Jesus also say no man can serve two masters and give unto see-zar what is see zar’s
    Do you possess/own or are you possessed /owned
    Get rid of your fear dear ones,,,,,,,, remember the pen is mightier than the sword
    Do not call them write to them and start asking question and making claims jump on the wave while it here we are winning and stay out of court you do not belong there that is see-zar’s court he will hang you every time !!!

    Get a PO BOX open an LLC and use it as your trustee and give it the house and you act as the manager take the burden off of yourself and whatever you do not leave your home what is 9/10ths of the law
    You also have the only original documentation form the date that you signed for the home
    Heck the plaintiff can not even prove they have a client and they have the burden of proof
    Demand from them the original note I guarantee they do not have it
    And get on the internet and start studying enough said oh did you all know that it only takes 25 people to through the case out and overrule the judge

    Try to do somethig instead of complain get constructive or did teh school not teach you anything

    college 97% failer rate are you one of those ? just trying to wake you all up rip von winkle !@!!!

  2. M.Payne says:

    yes, Our credit is ruined, my car is 18 yrs old and the emotional trauma of being treated like a person who does not pay their debts when it isn’t their fault by the very entities that created this obscene, evil obstruction of the Constitution is enough to make a person sick.

    This is a deliberate attempt to destroy the middle class. It is common practise to “get rid of” educated people before a police state is created. Anyone who knows their history will know this. Anybody study Nazi Germany?

    • incognito123 says:

      Funny thing is, or not so funny actually, my neighbor is from Germany, although much too young to have been there in Nazi times (about 30) and he and I have talked about this exact issue, and he knows enough about his countries history to say and know what you are saying IS exactly what happened in his country, and he sees it happening in this country now. Problem is, most in this country don’t see it, and when they wake up and see it, it will be too late and it will then take a violent revolution to correct. I hope I am not around for that, but fear it is right around the corner.

  3. FedUp says:

    The good ole boy’s here in Georgia just don’t get it and don’t want to get it! They are turning their backs on the people……AND THE TRUTH!! HILLBILLY JUDGES AND CORNBREAD COURTS

  4. Joe La Costa says:

    I am an attorney in California and am seeing the same thing.
    The judges are granting the injunction to stop the foreclosure but are requiring “rent” be paid to the lender’s attorneys trust accounts. Interesting thing is these monthly checks are being cashed by the other attorney in only half the cases as certain banks don’t want to be accepting further payments. If you have a problem in California my contact info is joelacostaesq@gmail.com

  5. EVERYONE, ESPECIALLY KALIIFORRNIA< CLICK ON THE WEBSITE ABOVE. IT IS A LIST OF EVERY JUDGE IN CIVIL COURTS IN THE STATE. I ISOLATED ALL 41 JUDGES IN FRESNO COUNTY AND FOUND OUT THAT 65% OF THEM HAVE MERS ON THEIR MORTGAGE. IN FACT MY JUDGE , THE FIRST JUDGE IN MY CASE HAS 2 MORTGAGES THE ARE MERS MORTGAGES. I'M NOW ON MY 4TH JUDGE AND GO BACK TO COURT JUNE 7, 2011. I FILED MY CASE APRIL 14, 2009 AND I STILL "HAVE NO SATISFACTION" BUT WE ARE STARTING TO WIN EVERY DAY.

    MY POINT IS YOU NEED TO USE ALL YOUR TACTICS TO GET THE JUDGES TO UNDERSTAND THE PONZI SCHEME AND DOING YOUR RESEARCH REGARDING EVERY PERSON INVOLVED WITH YOUR CASE IS NECESSARY.

    ANY QUESTIONS GIVE ME A CALL 559 907 7623

  6. lisamarie says:

    I agree. The bank should never be allowed to throw down a ‘lost note’ affidavit. Where the hell do notes go? Why don’t they matter? If they thought so little of the importance of the original note why do we even sign them? I want to know where notes go? Does MERS have them somewhere? Where are they?????

    • Stupendous Man - Defender of Liberty - Foe of Tyranny says:

      Liasmarie, I have no problem with legitimate “lost note” claims. Fires, tornadoes, etc. There are legitimate reasons for the loss of instruments. Without question lost note claims have been abused, and severely.

      Mills frequently get away with providing nothing more than a perjured lost note affidavit that really isn’t worth the paper it is written on. Proper objections must be raised such that plaintiff is required to provide proof pursuant to UCC 3-309, which states, in part:

      (b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person’s right to enforce the instrument.

      I have yet to see a case in which this proof has been provided.

      The full UCC 3-309 can be found at the following link:

      http://www.law.cornell.edu/ucc/3/article3.htm#s3-309

      • Kevin says:

        Read Florida Bankers Affidavit to Supreme Court Fl. They are intentionally destroyed at closing and supposedly e file it which under UCC makes it null and void!

  7. lisamarie says:

    Pam Bondi doesn’t focus much on fraudclosure does she?

  8. Herbert Lubitz says:

    Here is a post that proves what I say with documentation of truth and the truth will set you free………
    http://rationalrevolution.net/war/american_supporters_of_the_europ.htm

  9. Herbert Lubitz says:

    Here’s where another point comes to mind, these banks have been too big to fail for too long, and several Banks that are screwing the American people, are the same banks that supported Hitler in the war against the world, for domination, and they wanted the same power then, as they do now, these banks are Chase, and GMAC, FORD, yes these are the same companies that were bailed out of the fraud they created now. Yes many many more corporations are involved in this industrial war against the people. You can debate with me all you want, and even try to debunk what I say, google it and tell me how many corporations you find that contributed to the war, including Disney and COKE, yeah you heard me right American born corporations actually fed the evil empire of the 1940’s. If these corporations were getting screwed as they say, they would not be in business this long, and need to be shut down for fraud against the UNITED STATES of AMERICA.

  10. Larry says:

    Are you kidding me The Florida Supreme Court is stopping the FRAUD? Abagail, the readers of this blog are not easily fooled any more. I challenge you to step up and report the truth not a false sinse of hope. Like, why is the ACLU now involved, where is the Florida Sate Attorney General, Pam Bondi? How about our state representatives? This blog needs to decide what side of history they want to be on. Get off the fense and step up 4closureFraud.com.

    Fraud is Fraud and I have yet to see an attorney in the State of Florida seek justice, regardless of the price that will have to be paid. It is the Pro Se who are doing the dirty work right now, not the Attorneys. What is it going to take for the attorneys in Florida to unite against their Bar Buddy Judges, and start to file 1983, 1984,1985 actions against these lawless judges. You have the evidence, you know the law, Step up and go after these judges in Federal court.

    This blog is nothing more tha a smoke and mirror. It like watching a Daily Soap show. Like Days of our Lives.
    Come on all you spinless attorneys in Florida who think your are doing good by reporting fraud. Get out of your confort zone, step up and go after these corrupt judges.

    • incognito123 says:

      While there are certainly few, there are some, but you are right, mostly Sui Juris and Pro Se are the only ones doing true fighting – they have the most vested interest. I actually had to shake an attorney’s hand in court the other day, as she was the first one I saw attack another attorney for violating the Rules of Court, IN court, right in front of the judge, and while I was saying things like “all right” “about time” the guy next to me wondered what I was so happy and thrilled about, as he had no idea what was happening in front of him. Sad, sheeples in this country need to wake up!!

  11. l vent says:

    Why are these PRETENDER LENDERS not REQUIRED to show ABSOLUTE PROOF OF OWNERSHIP in all states? They should have the deed, the clean chain of title and the original note and mortgage, not a copy, every transaction made on our property should be properly assigned and recorded at the County recorder of deeds. MERS SHOULD CAUSE AUTOMATIC LOAN RECISSIONS. MERS IS A CYBER SCAM/ SHAM AND A FRAUD. The HOMEOWNER being able to show absolute proof of the ORIGINATION FRAUD SHOULD IN ITSELF CAUSE AN IMMEDIATE LOAN RECISSION BY THE JUDGES.

    • Herbert Lubitz says:

      There is a saying from a very wise man named Gandy “Even if your a minority of one, the truth is still the truth” These banks are using the great expanse of the Bankers to make it seem that if 12 million flys land on shit, that it must be good, because 12 million flys can’t be wrong…………… Same goes with the Bankers and servicers, they are trying to say if thousands of banks sell shit, it must be good.

    • Nora says:

      I like what you just said, you are so right, according to the law any fraud committed within the origination of the loan makes it void. Judges know that, lawyers know that now many people know that, the problem we are facing is that the system does not want the banks to fail period; regardless of the crime they committed! They are worried that if they give a homeowner their house free and clear then they’d have to do it for everyone. Not only that, the judges lawyers and other affiliates have vested interest, (investments) at risk if home owners cannot or won’t pay their mortgage they lose. But someone has to pay for this mess, and like in a normal situation, who ever created this mess, they should pay for it, and let us move on with our lives and our jobs and make this country get back to work.

    • housemanrob says:

      It is because this is not about law anymore. EVERYBODY knows it’s all fraud. All of this, from Obama to all the A G’s. All knowing! So let’s face it. Our govt. officials are getting a piece of the action. The law will not save us! We must rise together!

  12. Fury says:

    kangaroo court?
    rocket docket?
    star chamber?

    what happened to america?

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