Im in the same boat Randy. BOA sent me a letter stating they lost the promissary note than sold the debt to Nationstar withen a week. No one will take a payment from me and ive gone to court when they didnt only to have my foreclosire thrown out. Now im in limbo…again

No, the Judge made no rulings of Facts. That would require way too much thinking. I actually objected to the Sale and made the same argument. One word from the Bench — Denied. So we are now appealing. Very good appeal too. Very clean and very to the point.

Where do I sign up? In the beginning, I filed complaints with the AG’s office, the OCC, the FTC, the FBI, the Florida Bar, etc. The response from the AG’s office was that since this was a mortgage foreclosure, I needed to contact the lender. The Florida Bar’s response to the foreclosure mill’s violations were not violations. Never heard back from the OCC, the FTC or the FBI.

I believe a march on Tallahassee is in order.

Alina

You are 100% right!!!. I work with a non profit, Helpful Hands, dedicated to helping homeowners try to save their homes.

My specialty is forensic loan audits, SEC search and document examination. So I see this EVERYDAY.

Let me top your example; Palm Beach County, 4th floor. A homeowner had the sale of his house reversed, because he proved
to the judge that the mortgage and note “recorded with the lis pendens” were from another county, under another name, and signed by a different person. The homeowner had signed with Fleet Bank, Bank of America produced documents signed with Bank of America (with all the errors listed above).

The Buyer objected and had a new hearing. This judge, also on the 4th floor, completely ignored the “wrong property”, already proven and still in the file, and proceeded to introduce a new defense for Bank of America. Because the Plaintiff could not produce the note, the judge ruled that this was an opened ended CONTRACT, not a mortgage. The copy of the note attached was not a negotible instrument, so therefore the original need not be produced. On the basis of this being just a business contract, he granted foreclosure…. This case is now in Appeals.

Broward County, a 76 year old woman, was lured into a deal of buying income properties to flip. This particular property was financed by Option One in 2005 (after recorded filings show them as no linger active). The mortgages and notes (1st and 2nd) were filed in November 2005 with no notarization, whited out lines and no witness signatures. These documents were refiled in April 2006, stating; “to add PUD”. Examination of the documents shows the truth was that NEW signature pages were inserted and initials were different on every other page. The motion stated all the issues of fraud. The judge agreed that there was evidence of fraud and said, “but you signed the original mortgage”. He suggested she get and attorney. Struggling with serious health issues, it took a few months for her to hire an attorney. Because of the full docket, it was another several months before her next hearing came up. Her hearing proceeded as follows, “Oh I remember this case, its been too long, denied” He shut the file and refused to allow her attorney to even speak.

I am with you all to make the public aware of what is going on, against the Law, in Florida courts.

Keep up the good work!!

From what I have found, the foreclosure mills use their new attorneys to file, on average, 100 new cases a month.In a significant amount of those cases, the assignments are produced by those same foreclosure mills offices.Most likely, because the notes are lost or never transferred properly.

For one mill, three out of four cases that I picked at random, had assignments signed by an attorney from the firm or Roger Stotts.

I think that the newly proposed bill is a way to clean out the courts as all these foreclosures are clogging up the system. I also think that everyone needs to be aware that if it passes, I would imagine that all of the foreclosure cases will be dropped, and then, the foreclosures will start as non-judicial and all of the homeowners rights will be gone.