Anyone who has spent time in foreclosure courtrooms over the last several years will recognize that a dramatic shift has occurred in foreclosure courtrooms all across the state.  The deck has tilted, the tide has turned and the new legal landscape is simple:

The Banks Win, Get Out of The Homes, Foreclosure Granted

The full magnitude of this profound shift in legal precedent will start to be felt around May or June, as the Final Judgments of Foreclosure that are being granted today are converted into Foreclosure Sales and then into Writs of Possession executed by Sheriffs all across the state.  You can forget about proving up fraud and forgery and robosigning.  You can forget about securitization audits or evidence and any arguments that the banks engaged in gross and systematic wrongdoing.  None of that matters anymore.  The legislature has spoken, but worse, the judicial branch is listening…and acting.  Advantage banks, hello forced disposition of the homes of hundreds of thousands of Floridians from one end of the state to another.

And no, there has been no single court ruing.  There certainly have been landmark rulings along the way, one right after the other, that tear down the walls of a judicial system that took hundreds of years to build.  The Rules of Evidence and Procedure, refined and interpreted over decades and embodied in case law no longer have application in foreclosure courts. The substantive laws of real property and commercial paper, also embodied in case law, no longer apply in foreclosure cases.

Our state, our nation, can no longer rely on these things….these interferences in modern banking procedure.  These laws.  Those that call themselves the leadership of this state and nation have decided that we must get along with rewarding the banks for all their sloppy, illegal and criminal behavior.  We must all give way and allow the banks to take back hundreds of thousands of properties.

And who will ultimately own these properties?  By and large it will not be individuals.  The homes that will be disposed of via public foreclosure auctions will be taken back by the government.  They will be purchased by hedge funds and Wall Street investors. They will be purchased by foreign corporations and shadowy, unidentified entities.

Right before us is occurring the largest transfer of private property into institutional and government hands that has ever occurred in this nation’s history.  This dramatic shift occurs not primarily because our laws have demanded or even allowed for such.  Rather, the shift occurs because the legislative branch has demanded it and the judicial branch is responding to these pressures.

I’m sure this will all work out fine. Just fine.



  1. sMellmYfiNgeR says:

    I’ve read this opinion before but, of all that was said, a court case (appelette) was never mentioned. Any court decision that attempts to put statutes and long standing case law on its ear is asking to prolong the inevitable…more litigation.

    The Congress can write all the legislation it wants. Statutes are NOT law, they are only rules from which to reference in a court to be interpreted by the courts. They are also commercial in nature and for this reason, all courts (save lower and municipal courts) must be extremely careful in changing or taking a particular stance on law that has taken decades, if not centuries, to build upon. Courts don’t like to change law, but when they do, it always creates a two way street.

    There is always something to do, there is always an angle to protect against bad law.

  2. Tusense96761 says:

    Thank you congress, you are anti-American traitors and treasoneous to your oath of office. By ruling for the international banksters that criminally altered Libor rates causing the crash of the real estate market shortly after they flooded the market with low interest loans advertising for people to refinance their homes knowing they would be getting many into loans they couldn’t afford when they buried in stacks of loan documents that some of those refinance or new home loans payments would double and the homeowner salary wouldn’t double simutaniously. The Banks never had any skin in the game , they immediately sold these loans securitizing them in pools of mortgages into trusts to then crash or destroy pension funds that relied on these trusts to perform for millions of people’s retirement. And our supposed government who is elected by the people to represent the people has turned against the people and bailed out the banks with U.S. tax payer holding the bag. Of course after the bail out the banks , the banks went back to fraud business as usual only now with the consent of the treasoneous senators and congress people. These people should be jailed , the entire legislative branch and the impostor fraud president should get the death penalty and the judges going along with this criminal activity should never be allowed to practice law and tried for their crimes in this mortgage fraud. Who could have ever imagined that our government would have gotten to the point of being so corrupt on such wide scale. We don’t have a government in this country, they have proved by this action they are lawless criminals that need to be locked out of their offices in Washington D.C. Shame on them and may the Justice they deserve come to them with the pain they are responsible for in what they have done to millions of American families.

  3. se7ensnakes says:

    “On Sept 1st, 1894, we will not renew our loans under any consideration. On Sept 1st we will demand our money. We will foreclose and become mortgagees in possession. We can take two-thirds of the farms west of the Mississippi, and thousands of them east of the Mississippi as well, at our own price… Then the farmers will become tenants as in England…” — 1891 American Bankers Association as printed in the Congressional Record of April 29, 1913

    In 1909 only 9% of American Homes were controlled by banks by way of mortgages. In 2013 Banks have mortgages on 70% of the homes in America. Each time the government subsidizes a bank, each time the Federal Reserve buys toxic assets, the banks can foreclose on home and essentially get a free home. The Federal Reserve’s policy which led to “investors euphoria” and Liars loans eventually led to a burst which cause many foreclosures. The Family median networth dropped 40% to $77,300 in 2010 from $126,400 in 2007, the Fed said in its Survey of Consumer Finances which is released every three years. Presently there are 19 million homes and 8 million homeless. Tomorrow if your children decide they want to own a home they are going to labor most of their lives to pay a 30 year mortgage on a home that the bank got for free.

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