Foreclosure Fight Club: You Want Our Clients’ Houses? MOLON LABE!

Molon labe

Foreclosure Fight Club: You Want Our Clients’ Houses?  MOLON LABE!

Cross-posted from The Law Offices of Evan M. Rosen

By Evan M. Rosen

The other night my wife and I saw the movie “300: Rise of an Empire.” It’s an expansion of the story behind the movie “300,” part prequel, part sequel.  The first of the two movies focuses on the Battle of Thermopylae.  In 480 BC, at the narrow coastal pass of Thermopylae, known as “The Hot Gates,” King Leonidas of Sparta and 300 men held off an an advancing Persian army, rumored to be 1,000,000 strong.  Not only did the Spartans hold off the Persians for three days, they inflicted huge losses on their massive army.  As legend has it, Xerxes I, of Persia, demanded that the Greeks lay down their arms and surrender. King Leonidas responded, MOLON LABE!  Ultimately, all of the 300 were killed but the Greek states united and avenged them, decimating the mighty Persian army in two subsequent battles, the Battle of Salamis and the Battle of Plataea.

What has grown into an iconic statement of defiance, bravery, patriotism, loyalty and an unyielding commitment to never surrender, the saying “Molon Labe” has been used many times since. “Come and take it” was a slogan in the Texas Revolution.  ΜΟΛΩΝ ΛΑΒΕ, as it is written in Greek, is on the emblem of the Greek First Army Corps.  The English version is the motto of United States Special Operations Command Central (SOCCENT). Headquartered in Tampa, SOCCENT, among other roles, has the distinct honor of running wartime special operations missions. It tells you all you need to know about the intense meaning of this phrase, when the people responsible for coordinating and assisting our nation’s most elite warriors chose it as their motto.  There are many other examples as well.

However, for me the phrase Molon Labe defines the state of minds of so many of our clients, myself, our incredible team, and many of my fellow foreclosure defense attorneys and other consumer advocates of all kinds.  We all know the facts behind the historic foreclosure crisis the world is still facing.  Banks gave out money with reckless abandon.  They pooled enormous amounts of loans to form investment trusts. Then, they bought off ratings agencies to dupe both insurance companies and investors all over the world.  When the house of cards collapsed, the reckless, greedy sociopaths, who call themselves Wall Street executives, were allowed to fly off into the sunset on their private jets, fortunes intact with millions in new bonuses to boot, while so many of us got wiped out and are still struggling to put the financial pieces of our lives back together.

After the pillars of financial industry pulled off the greatest con in the history of the world, our legislative and executive branches rewarded them.  Those same branches have manipulated our judiciary, with budgeting pressure to “clear the backlog,” no matter what.  Judges are literately “scored” by the top brass based on how fast they can move a foreclosure through the system and dispossess people of their homes, not on how well they do the job they were appointed or elected to do.  Judges are being treated like employees of a division of the massive mortgaging servicing industry, which, by the way, scores its foreclosure mill attorneys by the same criteria.  You don’t foreclose fast enough, you don’t get paid.

Add to this all the subsequent lawsuits and settlements which resulted from banks being caught red handed breaking laws and its own contracts, followed by more lawsuits and settlements from banks breaking preceding settlements and it’s enough to make your head spin.  It’s outrageous and I’m still angry. I know the court’s role in our society is to resolve disputes, and to interpret and apply the law as passed down by the other two branches. Its role is not to police the banks or punish them within a single foreclosure case because of their improprieties in other matters.  Yet, I want the courts to hold banks accountable, and as part of their role in our government, they can.

While the other two branches have given Wall Street special treatment, it is the courts’ role to treat Wall Street the same as everyone else that comes before it.  Equal treatment under the law is all I ask.  Lady justice is blindfolded for just this very reason.  At least there is one branch of government, tasked with the responsibility to make sure the banks play by the same rules as everyone else, one case, one issue, one hearing, and one trial at a time.

For me and our hardworking, dedicated staff, on behalf of our clients we say to the financial industry, MOLON LABE!  You want our clients’ houses, come prove your case like everyone else, under the same rules of evidence and procedure that apply if they were to foreclose on you – COME AND TAKE THEM!


If you are in Florida and are looking for help with debt, foreclosure, real estate or want more information about bankruptcy law, call (855) 55-ROSEN or fill out the online form for a FREE CONSULTATION. Let the lawyers and staff at the Law Offices of Evan M. Rosen serve you!


9 Responses to “Foreclosure Fight Club: You Want Our Clients’ Houses? MOLON LABE!”
  1. Ace says:

    Blacklisted Appraisers from 2011 & yet the masses still don’t GET IT…Sad, just sad…

    Does anyone have the original 4000 Appraiser’s complaint from 2005 or so?

  2. I was curious if you were aware of the Constitutional Challenge of Rule 1.6?

    Rule 1.6 made it illegal to prosecute injustice in the United States. A ‘law’ in every state enacted by the state Supreme Court results in an unconstitutional loss of rights and privileges of a litigant victim when an act of injustice occurs in a courtroom. (In Civil, Criminal or Family Courts)

    The ‘law’ makes it illegal for any prosecutor, district attorney or attorney general to prosecute the crime – because it
    – would affect the integrity of the judiciary,
    – would reveal the prosecutorial misconduct of their own office, or
    – would expose individual liability.

    The victim is left with no recourse, or escape. They are bullied and harassed by the courts until one of three possible outcomes results. Loss of EVERYTHING in their life, prison, or suicide.

    There is nothing any judge can do to address the injustice. This is not judges protecting their own. It is a violation of Rule 1.6 if the judge even tries to address the injustice. Their judicial integrity is sacrificed. This angers the judge who then seems to take it out further on the victim.

    When the act which caused the injustice is known and exposed (even in court) the damage to the victim worsens. The injustice grows each time the victim appears in court because no lawyer or judge may acknowledge or address the injustice or resolve the matter.

    The overall result is abuse of power under color of law. In criminal courts the prosecutor’s aggressive misconduct is ignored. All ‘lawful’, but unconstitutional – as they are mandated to never reveal it or they are quickly disciplined and discredited. It cannot be dealt with until the litigant has his constitutional rights restored. But the victim would have to figure out how they lost their rights – and there is NO ONE TO HELP. (They made helping the victim of injustice illegal. No lawyer may participate. If they try, they are disciplined.)

    The Constitutional Challenge of Rule 1.6 is in the Third Circuit Court of Appeals.

    Plaintiffs have lawfully petitioned the court and served the challenge on every US Attorney General to address a constitutional calamity which has ‘LAWFULLY BUT UNCONSTITUTIONALLY’ persisted in the United State for decades.

    Each state lost the ability to address the injustice of their own courts, and mandated that no lawyer, attorney general or district attorney invite the federal government to investigate.

    Each time the Federal Government has acted to address injustice and corruption of any state court, that state’s Supreme Court has modified Rule 1.6 to close the loophole. This leaves a trail which exposes the corruption caused by this ‘law’ which perverts the entire justice system.

    Kids for Cash is one huge example in Pennsylvania. No one could stop it until a judge violated Rule 1.6 and reported it. Judge Ann Lokuta was disciplined and removed from the bench for doing the right thing.

    A massive example is the foreclosure crisis nationwide, where a fraud upon the court – a forged and false mortgage note or deed – resulted in the actual fraud being ‘lawfully’ ignored by the court while people everywhere lost their homes. It wasn’t necessarily the banks that caused the crisis. It was the lawyers who committed the initial fraud upon the court which could not be addressed.

    The victims of injustice lost their home because of a deliberate injustice and the mandate by Rule 1.6 that no one reveal it.

    Rule 1.6 made it illegal for a lawyer to fix this crisis. It took two pro se defendants to find the needle in haystack of injustice… all deliberately and intentionally caused by the author of the ‘law’ … The American Bar Association.

    The same unconstitutional law, same number, same name, in every state.



    The Constitutional Challenge of Rule 1.6
    Eastern District of Pennsylvania # 13-4614 (2-13-cv-04614-TON)
    Third Circuit Court of Appeals # 13-4591

    Rule 1.6 refers to the Rules of Professional Conduct Rule 1.6 – CONFIDENTIALITY OF INFORMATION unlawfully enacted into ‘law’ by each state Supreme Court. Unlawfully enacted because it results in the denial of rights and privileges protected by the United States Constitution.

  3. Tom Heinrich says:

    I just got back from the 17th District, and matters there are literally anarchy. I have a FIVE MINUTE HEARING scheduled for April 7, 2014 on my Complaint against the Justices and administrative staff of the Circuit Court, most of my pending Motions were NOT ALLOWED to be heard on March 17th when the hearing of February 7th was re-scheduled to, and the “foreclosure Help Desk” no longer can schedule more than five minute hearings with the Special Set hearings having to be scheduled with Judge Perlman’s JA, Bonnie, who refuses to talk with Pro Se’s, referring them back to the “Foreclosure Help Desk.” Catch 22, just like the entire docket is being run. Judge Perlman has 120 matters set for hearing this Monday, March 24, 2014. How can ONE JUDGE handle 120 matters in one day. Ludicrous..
    From now on I want a RULING on every question I have and NEW LEGISLATION on every matter that is not to my liking. Sued for foreclosure in April 2008, first allowed to see the evidence on March 17, 2014 !!! What the hell is THIS. This handout mill MUST be put out of business. Please check out my new site and sign up for becoming a volunteer in the army it will take to undo every wrong these fraudsters and their buddies and budettes are foisting…giving away peoples homes to banks that have already been paid amd then giving thwm HUGE deficiency judgments to boot. THIS IS ONE HUGE CRIMINAL ORGANIZATION..perhaps the people of the United States have to go to the WORLD COURT for justice….these are Human Rights violations.


  4. marilyn lane says:

    The biggest issue is nemo dat. The banks and their lending of fake money don’t own anything.
    Our constitution prohibits it. Right We are going to fight till the end but no one is entitled to take anything, it is ours.

  5. Mike Drouin says:

    After reading this post I don’t know if I’m feeling more encouraged or worse off ??? Embolden us with the statement Molon Labe , Come and take them ??? so we can be herded like cattle into a settlement ??? or spend thousands of dollars in legal fees before we lose what we worked our rear ends off for because they get to fabricate what they want in order to satisfy the Courts ???
    These Financial institutions are committing ” CRIMES ” against American Citizens and Families !!!
    and the actions of the Powers that were created for our protection is as anti-American as it gets !!! I believe the pledge say ,”Liberty and Justice for ALL !!! ” Why the double standard ???
    I don’t know about you America , but I’m beyond disgusted !!!

  6. james says:

    Whereas a note naming Countrywide [full name description] as lender was entitled to payment under a promissory note and under a security instrument as an altenate means to collect value if such security instrument was legally continuously perfected.

    Whereas a note has been sold to a subsequent party whether identified or not, a subsequent note-holder could prove up rights to value of the note by completing negotiation by identifying oneself as the subsequent payee. But untimely assigning of rights to the security instrument as not being in compliance with a states law assigns nothing.

    However reliance upon a UCC 9 registry may allow for a party to perfect and assign a intangible security interest to personal property, a states statutes provides that assigning of rights to the security instrument affecting real property to remain continuously attached and perfected is under statutory law of a state. Failure to follow state law regarding assigning a continuously attached and perfected security instrument would render the security instrument a nullity, expiration by operation of law, thus a subsequent note-holder while may have rights to a payment have no enforceable right to an alternate means of value identified as the real property in a now expired security instrument (Mortgage or Deed of Trust).

    Thus Defendant pleading contains many untruths supported by statutory law and thus have violated criminal statutes.

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