Bank of America Boldly Informs Florida Law Offices “BofA Will No Longer Follow Florida Laws”

BoA Boldly Informs Florida Law Offices “BoA Will Not Follow Florida Laws”

Posted by L

This just in from my friend H:

Get a load of this.  BoA is telling law offices in the State of Florida, that our laws for service of process no longer apply to it. Under Florida law, if a foreign corporation does business in Florida, it must designate a Resident Agent, so that there is someone in this state who will accept service of lawsuits on its behalf.  BoA is trying to say: “Forget your stupid laws.  They don’t apply to us.  Want to sue us?  Send your lawsuit to our office in New York.” (and send your money there too. Leave the home in Florida.  We’ll be back for it soon.)

Read the law on Service of Process for Corporations, then prepare to be OUTRAGED at yet another example of the banksters making their own rules:

48.081 Service on corporation.—

(1) Process against any private corporation, domestic or foreign, may be served:
(a) On the president or vice president, or other head of the corporation;
(b) In the absence of any person described in paragraph (a), on the cashier, treasurer, secretary, or general manager;
(c) In the absence of any person described in paragraph (a) or paragraph (b), on any director; or
(d) In the absence of any person described in paragraph (a), paragraph (b), or paragraph (c), on any officer or business agent residing in the state.
(2) If a foreign corporation has none of the foregoing officers or agents in this state, service may be made on any agent transacting business for it in this state.
(3)(a) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered agent because of failure to comply with s. 48.091, service of process shall be permitted on any employee at the corporation’s principal place of business or on any employee of the registered agent. A person attempting to serve process pursuant to this paragraph may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is temporarily absent from his or her office.
(b) If the address provided for the registered agent, officer, director, or principal place of business is a residence or private mailbox, service on the corporation may be made by serving the registered agent, officer, or director in accordance with s. 48.031.
(4) This section does not apply to service of process on insurance companies.
(5) When a corporation engages in substantial and not isolated activities within this state, or has a business office within the state and is actually engaged in the transaction of business therefrom, service upon any officer or business agent while on corporate business within this state may personally be made, pursuant to this section, and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of any transaction or operation connected with or incidental to the business being transacted within the state.

BofA’s notice below…

They want to be served by certified mail…

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4closureFraud.org

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Comments
17 Responses to “Bank of America Boldly Informs Florida Law Offices “BofA Will No Longer Follow Florida Laws””
  1. gwen caranchini says:

    i BELIEVE that all national banks of which BOA is one can be served by serving the Manager of a branch with the summons and papwork. That includes BAC and Countrywide. That i what I have been doing in Mo and it works for me. Check the laws on serving a national bank–i thiink there are federal laws requiring this type of service.

  2. Readdocs says:

    With B0A moving its mailing address to NY, wouldn’t that be to their disadvantage?
    Would that not put them directly under NY trusts laws? Making it easier for Fla.
    to file under NY jurisdiction?

  3. Eleanore Barlow says:

    You cannot tell me that there is some way these fraudulent banks practices can’t be stopped. Who the hell is accountable for stopping these gangsters and why aren’t they doing something about it ?

    • housemanrob says:

      It is because you got gangsters accountable to more gangsters………and at the top of the mountain you will find……..The Godfather!

    • PTRio says:

      Eleanor;

      You cannot stop fraudulent bank practices when you have fraudulent banks paying for the campaigns of fraudulent politicians. There is no “they” who is going to do anything. It is only “we”, and WE need to turn off the TV, put down the cocktail and get to work!

      It is up to you and me to do something, and that something is to express our dissatisfaction in the Courts, on the streets and most of all in the voting booth. Refuse to vote for any politican who accepts money from Wall Street. Educate ourselves and others. Those are the only tools we have against these sociopathic greed driven machines which have corrupted our government, our elected officials and even ourselves.

      No bank ever put a gun to anyone’s had and said “take this credit card and use it, or buy that house or else…”. “We” did it by choice, we were seduced, and we need to learn from it and change ourselves as well. Until that happens, nothing changes.

    • lvent says:

      Eleanore Barlow….There are things that can be done to shut down the financial predators on Wall Street, but it has been said time and time again, THERE IS NO POLITICAL WILL TO FIX THIS……Bernie Sanders, Senator from Vermont spoke the truth about why this is.. when he said, “Wall Street owns Washington”…The politicians within our own Government are traitors and let us down, they threw us under the bus under Clinton, Bush on 9/11 and in 2008….They are either in the NWO cabal or have been bought by it….That is the reason why there are thousands protesting on Wall Street as I type this…They should all be forced to resign….Democracy has been hijacked by the NWO because their underlying power structure lies in the appointments by the President’s who are members of the NWO club and the Wall Street lobbyists who buy our politicians and their political loyalties..Know your enemies..
      http://www.getmoneyout.com/

  4. Brenda says:

    The Law is not being upheld and that is all of our problems. The attorneys for the Banks in my case told my attorney they didnt care about the law, they were going to kick me out on the streets, I went down to the Court House were the brokers were conducting business as usual “The selling of Foreclosed Properties” Monday through Friday at 9 am, 10am and 2pm. I found out that they were very uneasy with being there. I was telling the public that my home was being sold at this auction when it is in a pending case and has the Attorney General is suing these banks for fraud. I messed up there profits for that day, latter I was approached by one of the brokers who said why do I hold anger twords them, I said I do not but I told them once they are informed they must hold themselves and the people they work for accountable. because the properties they are selling are being stolen from families all over. My sale was moved again. The Judge in my case wanted 23,000 for a Temporary restraining order “I called that extortion for due process” when will I be heard. If the law was upheld we would all be better off and these people allowing and participating in braking the laws would be in Jail. I have been in 4 court cases and God will see us through.

    • Jim Bethea says:

      Yes I know Brenda ~ When you go to file for and injunction / stay of action / or restraining order most courts will require a bond of usually 3 times the amount of the foreclosure/ judgment order ~~ While there are only a handful of companies that sell these bonds; they have very strict qualifications = i.e. To get one of the bonds they will normally require a financial statement that most will not pass for lack of enough personal assets??? So the table is automatically tilted against you ~

      Many people miss on a very good tool that can be used after the judge’s order is signed and this is using a “Motion to Reconsider” ~~ in using this you are asking the judge to reconsider his order and send this case back for re-trial ~~ At this time you can add all of the pertinenet reasons you feel you have been defrauded by the bank, which may not have been evidenced at your prior trial ~ you can also attach what is called a “Memorandum of Laws” ~~ this is basically a continual listing of all of the court cases that have been tried and cited that would apply to your reasons why you should be given another opportunity for a trial ~~~

      Even if the judge dismisses your request to reconsider, this will give you some really good grounds for a new Complaint Against the Bank for Fraud if you so chose to fight for your legal rights ~~

      As for this entire post ~~ Bank of America never fails to amuse me with their BS ~ even when you are defending people for the simpliest of credit card elimination they can really make some ridiculous motions/ statements etc ~~~ I would think that most of their attorneys would be really busy trying to defend their banking license at this time instead of continuing to add more fuel to the fire ?????

      • talktotennessee says:

        Having worked through more than one lender B of A, particularly in the old Countrywide loans, is in such chaos that they are doing like the rest of us, ‘buying a little time.’ If challenged, they may stop a sale in non-judicial states. Maybe you can get them to consent to a monthly payment into a trust and present that to the judge, particularly if you have a good case for wrongdoing or a predatory loan. Their attorneys may not be difficult to work with in ‘delaying’ a case with a consent order. Remember they bill by the hour.

  5. Jim Bethea says:

    Who is going to stand up for the Floridians ? Atty Gen Bondi ?? hah hah ~~~ She is in bed with all of these bottom-feeding collection lawyers who were about to be prosecuted by the two ladies that Bondi fired ~~

    Bondi is attending their meeting in Miami in Oct ~~ What else is she doing for them or they for her????

    It’s so clear that she is aiding and abetting these banksters and their illegal collection lawyers at every turn ~

    But who is going to investigae Bondi ? Holder ?? hee hee ~ he won’t even do anything about his buddy Obama’s crimally illegal aunt & uncle ~~

    Prosecuting these evil, sinister and totally criminal banksters will have to be done by the people, becaue none of the elected officials of Florida seem to be doing anything for the people ~~ only their bankster friends

  6. leapfrog says:

    Hey, Bendover America, how are flagrantly disobeying the laws in Utah working out for ya? Huh?

  7. PTRio says:

    So, does this mean I can tell Bank of America how they should serve me? How about all their Florida customers write to them and state how each of them wishes to be served, to wit by letter to Tierra del Fuego. Fair is fair, if they may dictate how they are served then why can’t everyone else? Don’t get mad, get even.

  8. talktotennessee says:

    URGENT!!!!! http://www.commercialappeal.com/news/2011/sep/30/bank-of-america-hears-mortgage-customers/ B of A Protest-They are here “:modifying loans” with FNMA FRMAC, GE Financial, etc. etc.

    URGENT: ‘Occupy’ COME TO MEMPHIS TODAY AND SATURDAY 8 AM TO 8 PM B OF A WILL BE MODIFYING LOANS AT THE MEMPHIS COOK CONVENTION CENTER AT 255 N. MAIN ST. MEMPHIS, TN. !!!! We have B of A here modifying loans and they will be here tomorrow too. There is a protestor with a sign seeking class action participants. She has a website: loanmodtrouble@hotmail.com. Her name is Karen Laing and she has one of those modifications where her notes somehow ended up in a “special” account not credited to her loan so B of A did what all of these guys are doing, they went ahead and said she owed the entire amount
    B of A says they have worked 300 loans and will do 600 that they have everyone here to make it work. Read the full front page story and pix from Memphis Commercial Appeal at the link above!!.
    They have people here from other states trying to modify their loans!
    Get here!!

    • woodknot says:

      BOA PREDATORY MODS -GET YOURS NOW ! @talktotennessee-thanks for posting the BOA link ! They are really trying to impress with repeatedly saying FREE- FREE – FREE MOD……another MOD SCAM-people are so desperate to save their Homes they will sign anything trusting the Banksters once again-JUST SIGN HERE >>>>>>>>>>>>>>>GOTCHA for 40 years this time-even better than your 30 year nightmare.
      Banks are not performing better they get more Brazen every day.

  9. housemanrob says:

    This is so absurd! The banks are making florida lawmakers look like a bunch of pussy’s! Is there anyone out there who doubts it………..try telling FLORIDA you are going to ignore their laws……and see where you end up! The banks and corporations……and ther emporers are governing our state and country……..BELIEVE IT!

  10. Move all you want…but you can’t hide….the eyes are on you……….

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