HB 1523 & SB 2270 – Homeowner Relief & Housing Recovery Act & the Nonjudicial Foreclosure Act for Nonhomestead Properties – STOP the Madness of Nonjudicial Foreclosures in Florida

UPDATE 04/13/10

By Kimberly Miller

Palm Beach Post Staff Writer

Proposed legislation that would allow banks to foreclose on Florida homes without going to court died in a House committee Monday, giving supporters scant hope for success this year.

But we are not done yet… SB 2270 is still alive…

The Nonjudicial Foreclosure Act for Nonhomestead Properties,

KEEP UP THE PRESSURE! KEEP UP THE FIGHT!

If/when we win this battle and kill these bad bills, the attorneys who have dedicated themselves to fighting the abuses of the court and unfairness of the banks are still taking our message to the Capital on Wednesday April, 21, 2010!

Homeowners and activists are certainly encouraged to join us there….your voices are being heard..keep up the work, keep the pressure on….

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SPREAD THE WORD!

The bill has been substituted by a far worse version than the original. It is being voted on by the Civil Justice & Courts Policy Committee on Monday April 12,2010 Tuesday Morning April 13, 2010.

READ BILL IN ITS ENTIRETY HERE AND CONTACT THE REPRESENTATIVES BELOW IMMEDIATELY BY PHONE AND EMAIL PROVIDED BELOW.

And if you can, Join Us for our “Rally in Tally” (Tallahassee) tentatively set for April 21, 2010 to meet with our local representatives and with the leadership of both houses.

The Florida Bankers Association, like a coven of evil banking wizards, hopes to commit an act of sorcery by conjuring up three letters “NON” to be placed in front of the word “Judicial” in Regards to Florida’s Foreclosure Process.

In this bill they propose changing the Florida law which currently requires foreclosures to be adjudicated through the courts to a new law which would allow foreclosures to bypass the judicial system altogether to become a NON Judicial foreclosure state.

Why? Perhaps the gravy train has foreseen a few obstacles on the track ahead (legally strong foreclosure defenses, educated judges, wiser populace, state mandated mediation requirements). These Florida Bankers may be trying to ease their way on the path of least resistance to confiscate more homes and more wealth from both the homeowners and the investors who funded these loans.

The Florida Bankers Associations’ Comments to the Florida Supreme Court Task Force on Foreclosures may shed some light on the situation.

“It is a reality of commerce that virtually all paper documents related to a note and mortgage are converted to electronic files almost immediately after the loan is closed. Individual loans, as electronic data, are compiled into portfolios which are transferred to the secondary market, frequently as mortgage-backed securities.”

“The reason “many firms file lost note counts as a standard alternative pleading in the complaint” is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file.”

Perhaps Freddie Macs’ comments to the Florida Supreme Court Task Force on Foreclosures may enlighten us as well.

“Typically, the plaintiff in a foreclosure action does not own the underlying note or loan that is secured by the property subject to the foreclosure proceeding.”

“Freddie Mac’s servicers initiate foreclosure actions in their names, even though they are not the owners of the notes or loans in question, because they are the mortgagees as shown on the land records” (by fraudulent, fabricated assignments? Or perhaps you were referring to these BOGUS assignments recorded in the land records?)

“To require investors who do not service the loan to be a party in the foreclosure action and attend mediation would be costly and unduly burdensome”

Or could it be the Florida Supreme Courts new Rules?

First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.

OR MAYBE ASSET BACKED SECURITIZATION MEANS NO NOTE?

Regardless of the statements above, this bill could be devastating to the millions of Floridians facing foreclosures caused by banks selling loans connived to a well planned default, bundling the bad debt, and betting against it to ensure a win for the banks and foreclosure for homeowners.

As it stands now, these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by the judiciary system even after they were sanctioned by Judge Olson for these same issues. If this is how foreclosures are rammed through when we have a glimmer of hope of judicial protection, imagine the steamroller effect which will potentially ensue if this bill is passed, the flood gates thrown open, and the judicial dike washed away.

So we ask the following, shall Florida:

• Join the 37 states which allow non-judicial foreclosures to proceed without any protections whatsoever for the homeowner?
• Allow the Bankers to smother the judicial branch as they have the executive and legislative branches?
• Disrespect the serious efforts of the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in foreclosure?
• Ignore the contagion of Stockholm Syndrome that has infected most of our local, state, and national politician sycophants who bow with obeisance as the bankers confiscate millions of constituents’ homes?
• Cost shift the $1,900 foreclosure lawsuit filing fee from the foreclosing entity to the financially stressed, perhaps newly unemployed Floridian family trying to defend their home?
• Transfer the burden of proof in a foreclosure action from the foreclosing bank which has great difficulty producing authentic, genuine evidence showing its right to foreclose, to the homeowner who has subsistence survival worries?
• Banish pro se litigants and clients of foreclosure defense attorneys from the halls of justice, allowing entry to only those who have the funds to pay the “cover charge”?
• Allow to go unopposed the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property titles?
• Trust as altruistic the professed motives of the same bankers who charge egregious credit card interest rates, overdraft and late fees, place holds on deposits, and reward themselves with billions in bonuses while crushing their customers under the weight of usurious loans?
• Eradicate the right of due process granted by the U.S. Constitution:
  • Right to a fair and public trial conducted in a competent manner
  • Right to be present at the trial
  • Right to an impartial jury
  • Right to be heard in one’s own defense

Once again the arrogance of these bankers amazes me. They crush the entire world economy with their rigged financial gambles which they shrewdly secured by the homes of American families and then craftily shifted the moral hazard blame to the hapless, defaulted homeowner who “should have known what they were signing”.  Yes.  Silly us, we everyday Americans, who go to the real estate closing on our homes assuming we will be presented with a fair and legal promissory note instead of having the awareness and knowledge of the massive pernicious frauds perpetrated by those profit takers in collusion with each other all the way up the multi-level marketing scheme of securitization.

The Bankers have taken our jobs, our savings, our 401Ks, our education funds, our public safety nets, the equity in our property, our municipality revenue source, our access to credit, and our credit scores. Florida being a deficiency state, we may lose our home to foreclosure and end up with a garnished paycheck for the deficiency.  Second mortgage holders are freezing bank accounts to get their piece of the action. Now that we have almost nothing left, will we also abdicate to these Florida Bankers our Constitutional rights?

GENERAL BILL by Insurance, Business & Financial Affairs Policy Committee and Civil Justice & Courts Policy Committee and Grady (CO-SPONSORS) Domino; Eisnaugle; O’Toole

Homeowner Relief: Creates “Homeowner Relief & Housing Recovery Act”; provides general provisions for nonjudicial foreclosures; provides criteria for notice & knowledge; provides for transactions creating security interest; provides for time of foreclosure; provides procedures, requirements, & limitations before foreclosure; specifies right to foreclose; requires notice of default; provides right to cure; provides requirements for notice of foreclosure; provides for meeting & meeting requirements to object to foreclosure; provides period of limitation for foreclosure; provides for judicial supervision of foreclosure; provides for right to redeem collateral; provides authority, requirements, procedures, & limitations on foreclosures by auction, negotiated sale, & appraisal; provides for rights after foreclosure; provides for application of proceeds, transfer of title, actions for damages or to set aside foreclosure, possession after foreclosure, judgments for deficiencies, & determinations of amounts of deficiency; provides for effect of good faith by debtor; provides authority, requirements, procedures, & limitations on discontinuation of foreclosure; provides for uniformity of application & construction; specifies relation to Electronic Signatures in Global & National Commerce Act.

Effective Date: July 1, 2010

Substitiuded bill

Committee Substitute 2

Start Date and Time : Monday, April 12, 2010 1:00 PM

End Date and Time : Monday, April 12, 2010 3:15 PM
Location : 404 HOB
Duration : 2.25

Members of the  Civil Justice & Courts Policy Committee that will be voting on this bill are listed here along with their email address and phone numbers.

Call them all then click the links and email each and every one of them

ABOUT THE HORROR STORIES OF A NON JUDICIAL STATE ,

TELL THEM ABOUT ALL OF THE FRAUD THAT IS BEING PRESENTED IN THE COURTS,

and tell them to vote NO on HB 1523

772-221-4904

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941-918-4028

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772-873-6500

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407-977-4020

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813-558-1333

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561-625-5176

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407-893-3141

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305-325-2501

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904-353-2180

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305-364-3066

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239-417-6200

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305-442-6868

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352-688-5005

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954-762-3743

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954-956-5600

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904-213-3005

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Election season is coming up.   We are watching.

Together, we have the power of our collective voices and votes. The Bankers have thrown down the gauntlet. Let’s accept their declaration of war and fight back.

Again, enough is enough.

Contact your representatives today…

4closureFraud

Definition of Fraud from one common online resource:

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.