Judges Lash Out at Land Trusts, Call Attempts to Cancel Mortgages Meritless


“I wonder why the judiciary will not entertain any legal theory contrary to the position of the banks,” said Cherry, who was not allowed to submit objections in one of the cases.”


Judges lash out at land trusts, call attempts to cancel mortgages meritless

A South Florida company that persuaded scores of troubled Palm Beach County homeowners to give up their property deeds is facing more legal problems as state and federal judges challenge its plan to help borrowers beat the bank.

In three recent court decisions, the firm’s actions were condemned.

Fidelity Land Trust, which was shut down by the state in September, lost a key battle in circuit court last week to unfreeze its operations.

The Jan. 7 order from Broward Circuit Judge Michael Gates follows a blistering report issued last month by a federal magistrate that said the company’s legal theories attempting to cancel underwater mortgages are meritless, frivolous and have “absolutely no chance of success.” That conclusion was affirmed by a federal judge in a Dec. 27 order.

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3 Responses to “Judges Lash Out at Land Trusts, Call Attempts to Cancel Mortgages Meritless”
  1. Todd W says:

    as a 15 yr real estate investor/developer and now accidental litigator by way of hurricane katrina wiping out our $3M business overnight, and after firing all the crooked and incompetent attorneys years ago, I can speak from personal experience that I have full lawful authority to alienate the property titled in the name of XXX and convey it to another entity (trust) as I have done often with our properties.

    We used to use LLC’s, corps, etc for larger development projects, but they are a creature of the state, thereby consenting to jurisdiction over the entity (books/ records, etc).

    But thinking that this lawful tool (trusts) alone will stop the crooked banks and the wanker “judges” (who have no authority to judge a ham sandwich) as they have a direct pecuniary interest in the outcome of every fraudclosure vis a vis ownership of bank product (MBS, etc) via their pension fund, one cannot rely on the public land record as the only fact when going after the bank.

    It’s helpful, but personally I’ve found going after every dirtbag, crooked, wanker, piece of sh…. fraudclosure attorney with your bare fangs, and then doing the same with any crooked “judge” who tries to threaten, coerce, intimidate, persuade, or counsel you, along with extrajudicial processes is a winning formula. (The 1st Amend is not meant to be fair or kind- this is for all you trolls I catch)

    Watch actions, as they speak louder than words.

    never give up the ship….It’s only going to get better for homeowners as time passes on. Hang tough. The next generation depends on it.


  2. bobbi swann says:

    I wonder what “ICE” thought about the premise or basis of these lawsuits by Fidelity. He did not comment on that; only that the scathing by the judges would be a hindrance in pursuing it further. If they are competant attorneys with Florida law knowledge then I do not understand why these cases are being tossed. Is it really that THERE is a basis or merit in the case and the judiciary is just afraid they have met their match with the bankstas losing their a$$? I wish we had a comment from a foreclosure defense attorney (there are plenty) as to the legal basis of these lawsuits or intent by Fidelity. To me, it sounds within reason and by due process of law, but I am not an attorney. Anyone????

  3. JohnR says:

    “First they ignore you, then they laugh at you, then they fight you, then you win.”

    Mahatma Gandhi

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