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  1. Krys says:

    I live in Pennsylvania and I have had several lawyers but no one actually helped also had a housing counselor in the beginning now have to leave in less than 21 days. I tried to stop from being put out but now nowhere to turn. Does anyone know any solutions or advice thanks.

  2. its not that its void. i am not a lawyer and not giving advice but foreclosure defense lawyers and pro se use that fact as an affirmative defense to dismiss the case. most cases are dismissed wtihout prejidice which means they can refile (in florida they can refile for 35 years how nice) so it is not necessarily void but the assignment has to be filed prior to filing suit. please defend. if we do not defend and walk away they lose. if we fight the foreclosure machine we can win. great book http://www.fightingtheforeclosuremachine.com/ftfm-estore.php

    • StillFighting says:

      Oh, I am defending! For the past 8 years… All the BIG BANKS are involved. A couple of Fraud closer Mills and infamous thieving Law Firms. It will be a joy to name names in the end, as they have ruined our lives ON PURPOSE!

      Thank you to everyone at 4ClosureFraud, LivingLies, and Chain of Title, I have a PhD in foreclosure fraud!

      • Krys says:

        I live in Pennsylvania and had two lawyers no one actually helped now have days to leave. Do you have any advice? Thanks

  3. StillFighting says:

    If a foreclosure is filed, but the Assignment of Mortgage is dated 11 months after the foreclosure filing, is the Assignment void?

    • Mick says:

      1-The Assignment isn’t ‘void’, merely void’able’.
      2-When You say the assignment is DATED 11 mos. later, is that the DATE of the Transfer, noted IN the Assignment, or the date recorded, ON the assignment (as noted by clerk of court)?
      3-As a dual FC Survivor (1 lasted 8 yrs, current entering 7th), I salute Your fortitude, and will tell You, HOW they look at Your AOM depends ENTIRELY on WHERE You are. in D.O.T. states, they tend to blow it off as the DEED trumps everything else. In Florida and most other mortgage/lien theory states, You MUST:
      A-Challenge the Assignment during discovery/hearing/trial(& Have plenty of case law)
      B-File Motion to Dismiss for lack of standing (whether the document transfers the mortgage to the Plaintiff on a date BEFORE or AFTER the initial Filing, based on the RECORDING Date) & just know…about 80% of the trial judges in Florida will STILL Rule against You, even when Your evidence of a ‘faulty’ assignment is overwhelming.

      Remember, the system is RIGGED. You ARE going to lose, so the best to hope for is preservation of objections, issues and evidence for APPEAL.

      See (at least in Florida), even in the Courts of Appeal, the odds are dramatically stacked against the pro se defendant/appellant. The RULES alone are entire semesters in law school for the JD’s. Also, MOST if not ALL of the Judges, in (Circuit/District/Supreme) All Courts, are nominated. The NOMINATING Committees are weighted (Dramatically) with BANK/Plaintiff Firm JD’s who are Picking their Future Judges. The Current (& Thereby Future) Judges keeping the benches warm in Fl. as an example are more than 78% FORMER BANK/Plaintiff FIRM Counselors….which means 78% of the time You Are DOOMED, before walking in the room. They absolutely WILL NOT rule against their former employer firms or their clients…ain’t gonna happen. When using an attorney (as a rule, $5-$10k) for Appellate work, Your odds double in Your favor for prevailing….up from less than 4% to just a hair under 8%. The other 92-96% get ‘PCA’ed” (per curium affirmed, where they tell You, You screwed Your own pooch, and we’re not even going to tell You how, or why…there IS No Opinion,and You have nothing left to challenge).

      Govern Yourself Accordingly, and realize that 80% of the time, preservation of error, regarding that bogus assignment, Still won’t get overturned, even at the district courts of appeal. Like I said….the game is rigged. They can’t be happy winning 90% of the time….it Must be as close to 100% as possible, at any cost.

      Good Luck and may the Force be with You.
      -Mick

  4. cesar balbin says:

    Ask anyone who knows about law and the court system in Miami Florida and they will tell you that our brand of judges and their judgment is unique. Far beyond that of any city or state in the union. Here is a minor overview:

    1. Judges here are well known and involved in taking money for results. Some doing it for more than 30 years later.

    2. To ascend you must be discrete in these dealings while willing to openly destroy anyone that dares stand against giant law firms like Carlton Fields and Greenberg Traurig.

    3. Giant corporations are always able to get away with anything they want and demand.

    4. Vindictive retaliatory plots here are at play at all times and the victims have the doors to justice shut in there face.

    Let me give you an example, mine:

    1. Grandson of a former judge and son of a former developer who also became a developer I was anti corruption. A novel idea for a boy raised in some level of comfort. Illusory comfort. When I grew up I realized our finances where like a deck of dominos about to collapse and my daddy had to pay everyone off even when he could not afford it, in order to survive while indebting himself.

    2. I stood against bribing bankers, building inspectors, commissioners (one is now the clerk of the court and has been for about 25 years, wow the voters love him? or the ballot is rigged?), mayors and judges. Our State Attorney does not presecute these persons or even answer our calls to do it. Her father was my dad’s business partner and owned a key on the way to key largo. I had a lot of respect for this lady until I realize she wants nothing to do with my cases which call for prosecuting white collar crimes of politicians, lawyers and giant corporations. Funny, she continues to be reelected and has been in office for about 25 years. My reputation of anit corruption spread cutting my business life short.

    3. As an example of two disputes I have fought:

    a. My home was burned to the ground when I decided to ask for permission to occupy it with elderly residents in a non ambulatory environment. Just homes for the aged. Just like one neighbor rented rooms, another had 12 family members etc., I wanted to be allowed to have a nice environment for the elderly which I felt a passion to care for. All I wanted was to allow them to live there instead of just regular families which the city allowed 6 homes for. The young gay man standing up to the powers at be looking for votes was met with opposition that was unintelligent uneducated and for the most part did not know what I intended to do. I was even physically attacked by one lady and could not defend myself against her as she was a lady and that would not be tolerated in our Cuban neighborhood. I was defeated when the fire struck and the city actually connived and contrived with insurance investigators to scare me and shut this down thru delays. The insurance company was AIG division called Lexington Insurance. The most dishonest property insurance company I have ever heard of. Officer Lake of the police in charge of the investigation would not do anything inappropriate and so he had to retire. He was scandalized by what years later he confided in me he was told to do by the insurance company working with non police city officials. But when I called to report their misconduct he did not answer my calls. Eventually in court a great judge left the case without stating a reason. A insane judge who was later discovered to be on Lithium and Prozac took over the matter and dismissed the case. I was warned she was the one assigned to destroy the cases thru an order no one would dare put their signature on. Since she was crazy the judiciary would assign cases to her and she would be told what to do. On day one without an attorney there as no one wanted to stay on the case with her present, she warned me that she could not only dismiss and enter an attorneys fee sanction but she could do many other things if I did not accept the settlement offer made to “get rid of you”. Weeks later she dismissed the case. She was the perfect patsy. She was crazy. My former partner, a doctor told me she would not live long given the medications she admitted taking during a law suit by a lady involved in a divorce. She always sought to help the husbands and took it out on the ladies and earned a reputation for this that landed her in the news papers many times. This judge died years after dismissing my case while in her 60’s. Before she passed she did the perennial trick done in Miami, stopping you from going before the jury ever thru a motion to dismiss the judges grant. How was the perfect judge meant to help them put on the case? The clerk says we have a random system that randomly assigns judges. That is not true. I have witnessed first hand clerks in putting the case number again and again each time getting a different judge and stopping once they got the judge they wanted. I appealed but the court of appeals did nothing. Even after I discovered perjury and a bribe paid to a witness, they did nothing. Then they claimed I should have raised this during the prior hearing. How could I if I did not know of it and this is basic law. Fraud discovered later requires they restart everything. In Miami and in Florida in general you only have one appeal and that is it. I level. I was stuck. In defense of these judges, audio recording made by a PI I hired show that these judges are never at work. They drive in about 3 days a week for a few short hours yet get paid for 40 hours of work. Shortly after my case was over my career came to a close and I ended up in bankruptcy and lost everything. Once an honor student, with a masters in finance at 20 and 300 homes by 23 I ended up with heart disease and working as a sex worker. Something that I fear is to embarrassing to talk about.

    b. While that case was going on my bank on my new home I was forced to get a loan to buy decided I had not paid my mortgage and filed for foreclosure. I was not in default. I had made my payments and they kept loosing them so finally I sent them via DHL, stuffed in by a Notary Public who attested to this and where made via bank cashier’s checks. An amount equal to 6 months worth of payments. But they still claimed they did not receive the payments. I was lucky to find one attorney who frustrated was retiring into being an ethics teacher and would help me. But he only appeared twice in court. He did yell and scream at the bank lawyers threatening to report them to the bar they admitted receiving the money but then said the checks where without funds. The bank which issued the checks responded that the money was set aside for these as they do with all cashiers checks and the checks can be deposited. The lawyer, a typical Miami lawyer except for his great service at two hearings, continued with his teaching career while dealing crystal meth to the gay community is South Beach. Trial came 5 years later and days before the checks where mailed to me which I cashed. Proving the checks where good. At trial the judge ignored this. In fact he started by asking who the lead attorney was, the famous well connected Marshal Watson, who has since lost his license and gotten into a lot of trouble for fraud that ran all over the new wave of foreclosures in 2008- . When Watson identified himself the judge told him on the record that had Watson not thought he was such a big man and had returned his calls he would have shown him how he could have taken this house in a few weeks instead of a few years. Not only is this one on one communication without me present illegal but it also signaled I would loose the case. I had to file bankruptcy to stop it during a lunch break. In the other court system, Federal Bankruptcy Court, still unjaded as they are now, I got a solution, made some payments and got my home paid thru a sale to another person. I had no choice and no longer wanted to be a target.

    But now years later, after a hurricane and sale of the home to a bank insider at BankUnited FSB, the home was resold and I still am owed some money. The bank who agreed to a joint venture on the damaged home with my money as the only loan, fabricated a fake mortgage and claimed it had priority before mine. This was key when the market collapse came. Even after being restricted and shut down thru another case in federal court where they got some money, the FDIC restricted these same lawyers pretending to represent this bank from continuing to try to take the home away. This bank claimed that the damaged home was the subject of a conventional home loan and had no damage despite insurance payment of $200,000 for damage, photos and more. And despite a joint venture agreement and no signature but only a forgery on the note they presented. Worse of all they continue the foreclosure process despite the FDIC federal restriction. This fight has been going on now for 11 years worsening my heart disease. The title has been granted to the bank. This is so crazy that I sued the new bank that claimed to be the owner of the note and mortgage while the process was going on and they came back and said they where. While at the same time the other case continued on with the old bank claiming they where the owners and later they even signed an assignment over to the new bank, years after the new bank claim din my case to be the owners. Its a shell game and what the judges say to all this? Its to confusing and give the bank what they want. The main judge was counsel for infamous murderer drug dealer and my competitor in the building business (we he used with the judge to launder money), Leonel Martinez. Martinez was arrested and the judge ascended thru his clients contacts being nominated to judge before the arrest. Good security for his client. He sat in office for about 20 years. See Dirty Money article in the New Times archives. The judge lives off loans from this very bank and others.

    c. In another case a broker for Meryl Lynch admitted to lying to me causing me losses of $250,000. A hearing was held without notice to me except notice to come in one afternoon when the hearing was held in the morning. When I came I had lost. Of course no court reporter was present and the judge did nothing even after I told him to help me. Without a record of what occurred at the hearing, even assuming the court of appeals was honest, the appeal was impossible.

    This is just a small example of how you are buried alive in a system of corrupt judges not found anywhere even in Panama or the most corrupt places in Latin America but right here is the US. It is sad how so many come here from Latin America to look for justice only to find corruption. Beig honest here does not pay. I married a Norwegian and moved away. Now divorced and with aging parents who refuse to leave Cuba land, I am stuck like a dog in a tiny cage without food or water. For me it is probably too late. But if you want to investigate these players I can help you and maybe we can stop them once and for all. But please do not let some pretend federal investigators f…. things up like they did once before where most judges got away with no time in the one isolated instance they decided to pursue them. Operation Court Room Sweep.

  5. dangeroosdave says:

    Yes, it is a violation of securities laws. It’s also a common violation of securities laws. The commoditization of mortgages and removal of property records from county agent has led to extensive fraud in America, including most often fraudulent representation of PETE, the Person Entitled to Enforce. We have a case on appeal here in Cameron County TX (seven years in litigation) on exactly those grounds, where an admittedly sleazy attorney (BBDFTE, llc) is presenting himself as both the PETE (Plaintiff) and the Owner’s Trustee (Defendant). They stay up late at night negotiating with themselves, and earn some generous fees. It’s quite complex. Since the judges, bankruptcy trustees, SEC regulators are all part of the scam, the battle is uphill for the owner who cuts the grass, repels thieves, and pays school taxes, and generally some technicality results in a forced sale. Here in Texas the average is 28 days. The only advice I give people now (and I’m not an attorney so I only give advice, I don’t sell it) is GET A JURY. GET A JURY. GET A JURY. BURN DOWN THE TOWN…. 🙂

    • losingmyhomeinflorida says:

      I am in florida it is just as bad. we have a new foreclosure law from 2013 that the note has to be certified by penalty and perjury before a foreclosure case can be filed. but te judges are looking the other way. then when you bring htis fact up they do not dismiss cases they blame it on procedure error???? what??? state statute is clear what the certification is suppose to say . there is no messing with it. feeling sick about now.

  6. dangeroosdave says:

    I can sign as an attorney in fact for you, if you are inconvenienced. Of course, I could go to jail if I use my attorney in fact masquerade to steal money or property. Fo banks, this leads to the odd situation occasionally of the same party appearing on the foreclosure as both plaintiff and defendant.
    Inside a pooling and servicing agreement, or a collateralized debt obligation, there is no such status as a performing or unperforming mortgage. All individual collateral obligations are surrendered by the underwriter on formation, and all components must be in hand within a limited time period, such as 30 or 60 days. From that point on, either the entire asset is solvent, or it is not. Either the entire cash flow is being produced and paid to the investors, or it is in the hands of the bankruptcy trustee and no longer exists.

    • HeadSpinning says:

      Thank you Dangeroosdave!

      Here are the details: I have been battling a fraudulent foreclosure for almost a decade. Many of the big banks are involved, as are a couple of foreclosure mills. They have played all of the tricks of “recreating” a chain of title. The latest one is a new bank “ABC Bank” has stepped in as Trustee for “ABC Trust” and they assigned the Mortgage to themselves, as “Attorney in Fact” for a non-related party who was fraudulently pretending to own the Mortgage and Note. This was done to continue the smoke and mirrors of the chain of title.
      My question was, can a Trust assume or purchase a mortgage that they know is in default and has been in default (non-performing asset) for almost a decade? I thought I read somewhere that that was a violation of securities laws. If so, it is just another fact that we would like to present to the court.

  7. lms53 says:

    imo a bank can sign their rights over to themselves if there are multiple entities within their organization, but it is a disguise and they are hiding or covering up something but probably it is a stall tactic to get themselves together to better defend themselves. Everything these banks do is to cover their fraudulent tracks. dates are important, reconcile all your paperwork to the mortgage. sounds like you are being scammed as the rest of us are.

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