In my last post I stated that Floridians need to form a grassroots movement to challenge the judges and the banks. Up to now, the judges have been given a free ride. These individuals are anonymous to the public but these judges are elected official; and, therefore, public officials. Although these judges are sworn to uphold the laws of Florida and are elected by the people, the majority of judges in Florida hate the ordinary people of Florida. Why? Because the People of Florida bought into the Banks ponzi scheme, now these judges have large case loads that they find unbearable. Judges have determined that most people are not going to fight the foreclosure so the judges are free to rule against the law; against the people; and get away with it.
Here is a typical day at the court.
First case: Plaintiff is NationStar Mortgage. My clients are an elderly couple, who always paid their bills until the Banks brought down the economy with this securitization ponzi scheme and my clients lost their job. Knowing that the banks sold all these notes to Wall Street, I went in search of the Trust. Not only did I find the Trust but the loan number within the Trust. My clients had come to me after the summary judgment had been entered. I moved to vacate the summary judgment based primarily on fraud on the court.
Now a Plaintiff (Nationstar Mortgage) who comes to the court alleging that it owns and holds the note and mortgage when, in fact, it does not, commits fraud on the court. A Plaintiff who commits fraud on the court is not permitted by law to profit from its fraud. In this case the Plaintiff, the Plaintiff’s attorney, and the actual owner Trust has committed fraud on the court. So, by all rights, I felt that the Broward Circuit Court Judge, who resides on the 10th floor, would have no choice but to rule in my client’s favor. Wrong again! Although the Judge was shown that Nationstar Mortgage sold the loan to a Wall Street Trust, known as a REMIC Trust, and was shown the loan number in a very, very long list of loans, that was not enough to vacate the final summary judgment. Disregarding the proof of fraud, the Judge in Broward ordered my client’s home sold.
In case you, the Reader, misses the point, let me emphasis this fact: Nationstar Mortgage sold the loan; and, therefore, was PAID IN FULL for the loan made to my client. Nationstar Mortgage lost no money. But by foreclosing on my clients, Nationstar Mortgage gets paid again. This is okay with the Circuit Judge in Broward. In fact, it is okay with most of the judges in the Tri-county area.
Oh, did I forget to mention that Fraud on the Court is also okay with the Judges. Well, its okay if it is the Banks/Lenders/Trusts and their attorneys. Why worry about a little thing like lies, when you are taking someone’s home.
When Judges approve of fraud, guess what happens? More Floridians lose their homes because the Banks/Lenders/Trusts and their Attorneys continue to lie, defraud, and distort the truth.
This is not an isolated event. This happens every day in almost every court in Florida.
Here is the point. The Judge did not uphold the law. The Judge broke the law. In fact, the Judge is an accessory to the Fraud. The Judge is complicit in the break down of the judicial system in Florida. Floridians can no longer trust their judicial system to follow simple evidentiary rules. That is why there needs to be a grassroots movement made up ordinary Floridians who are willing to fight against the Banks and, in the process, make it difficult for the judges to rule against them. We can win the fight. But we must all fight.
Right now the newspapers and journalist are silent as the most devastating bill is moving through the State Legislature. This Bill is sponsored by the Florida Bankers Association and approved (to my horror) by the Florida Bar. It will make this State a non-judicial State when it comes to foreclosures. That means ordinary citizens will have no rights and certainly less rights than ordinary criminals. Call your State legislator and State Senator and write letters to the paper.