by Matthew D. Weidner, Esq.
The Fight for Homeowner’s Rights that we’re taking to the Florida State Capitol at 9:00 am tomorrow morning is not just about defending homeowner’s rights. While that is key, it’s frankly much bigger than that. What we need judges, legislators and the public at large to understand is that the foreclosure crisis as it is now being played out in our country’s courts, presents a clear, present and grave threat to our most important branch of government….the judicial branch.
A Short Explanation of the Greatest Con in The History of Mankind And Why We’re Going to Tallahassee
This country and in fact the world economy was brought to its knees by the fraud and games played by the banksters. They conned the people when mortgages were originated, the institutions conned each other when the packaged and traded the pools of loans and they conned our retirement funds and the investment houses of our allies abroad when they packaged and sold these mulit-million dollar pools of consolidated fraud.
When the con was discovered, the federal government stepped in and payed off the investors because they were “too big to fail”….and the consters took more profits of the top of the bailouts. When the feds provided money to rehabilitate the servicers and lenders (more than $75 billion to dates), they pocketed that money and are not using it to help the American people. Now the lenders and servicers have moved the end product of their con into the courtrooms all across this state. Rather than admit the problems they have and own up to the fraud and lies that have infected their entire industry-wide business practices, they are perpetuating the con artistry and creating still more fraud and deceit.
Document Mills filled with Robo Signers toil away 24 hours a day creating patently false or facially questionable documents based on instructions from the con artist lenders and the foreclosure mills they have retained. The documents created in these mills almost never have any basis is known facts and are often patently incorrect. When these documents are next formally or informally entered into court cases by attorneys, they become evidence. The documents are not evidence that proves a right to foreclose….they’re the final piece of documentary evidence of an industry that went wildly out of control. For too long, judges relied on this “evidence” as the basis to throw good homeowners out of their homes, but that is changing. Defense attorneys have caught onto the patterns and practices of fraud and deceit and now judges are beginning to see this evidence not as evidence to support foreclosure, but Evidence of the Greatest Con In The History of Mankind.
We all need to support our judges….we all need to do our jobs better. Preserve the evidence. Hire court reporters for every single hearing. Examine all evidence carefully and make proper legal objections to that evidence. Understand the rules that apply in court and the case law and statutes that govern our courts then make them apply in court cases. Recently Judge Rondolino examined all the case law surrounding the introduction of affidavits in foreclosure cases and came to a conclusion I had months ago….the affidavits admitted in virtually every foreclosure case are completely inadmissible and cannot be used to grant foreclosure. Read the transcript of this hearing here. This issue first came to light when a third year law school student working with me, Michael Fuino, examined the process and questioned the basic assumptions we had all been operating under….the point is it took a third year law school student to catch an issue that we’ve all been incorrectly working under for years and which affects literally million of cases across this country.
The fast-food, Persian bazaar manner in which affidavits, assignments and other evidence are created and presented in our courts and the unfortunate way in which this “evidence” is accepted represents a fundamental breakdown in the ability of our courts to dispense justice. Granting foreclosure is not a business process. The Grant of Foreclosure is a judicial act and it deserves the same respect, dignity and thoughtfulness as any other judicial act.
Our courts are not assembly lines obliged to rapidly dispense Orders at the demand of Con Artists and their Lawyers. Our courts are the last bastion of truth and hope and dignity in a crumbling world. When a judge puts on that judicial robe he or she wields the awesome power of the Constitution of the United States and of the State he or she serves. When the processes and evidence placed before our judges is so perverted that we lose sight of the awesome power we’ve instilled in our courts, then we’ve lost our way….and that cannot be allowed to continue.
Below is Greg Clark’s compelling video that explains how these processes are being used to perpetuate this fraud and below that are talking points that he will deliver in Tallahassee on Wednesday April 21 in the Capitol. Together we will turn this around. Justice demands it.
What’s wrong with MERS?
In the foreclosure process, MERSCORP Inc. (MERS) has been and continues to be an outspoken advocate for all parties, producing all the required evidence, including the note. If that means taking more time to gather the necessary documents before rushing in and filing a pleading, MERS strongly recommends doing so.
It often takes time to produce the note. Attorneys for mortgage companies usually are under very tight time pressures from investors to act quickly. Instead of actually producing the note, many attorneys rely on the practice of filing a “lost note” affidavit. This is a practice that MERS does not support. When MERS forecloses, we require that the promissory note be in our possession endorsed in blank, making MERS the note-holder with the right to enforce it.
MERSCORP you are GRAVELY MISTAKEN!
This excerpt comes directly from one of the Law Firms (Cleveland, OH) that specifically counsels the groups of investors that are involved with MERS and I quote:
“Moreover, while the MERS rule allows us to allege in the foreclosure documents that MERS is the noteholder, we are prohibited from stating that MERS is the note-owner.”
And IF YOU DO – YOU WILL BE Sanctioned:
“Sanctions – The Rule authorizes MERS to impose sanctions of $1,000 for the first violation and $5,000 for each subsequent violation of the prohibitions against: • Stating that MERS is the noteowner”
As you can see, MERS can allege (of course this means it has not been PROVEN) they are the ‘noteholder’ but MERS will NEVER be the NOTE-OWNER and NEVER have the RIGHT TO ENFORCE!
It’s obvious you do not know what you are talking about – nor are you in anyway affiliated with MERS or clearly you would know and understand the information stated above, and not make such foolish comments.
~ Don’t Tread on ME ~ JW – ICA – CFF
Congratulations! Great job to Counsel for the defendants! There is another case that was documented in the Courts, (Public Record) of where, the Attorney from Law Offices of David J. Stern, attempted to Shout Hearsay for Summary Judgement, & that Judge stated he had a problem with that from that Attorney from Mr. Stern’s law firm! Another married couple, must have felt protected by their lawyer against the Clutches of Evil, coming at them…
It is amazing, for our group to read documents from Public Records & discover that Law Offices of David J. Stern, are attempting to abscond a couple’s home & property through measures that are NOT acceptable to the Courts! Plus, Mr. Stern’s law firm, has been reported to “Allegedly” CONTROL, other Foreclosure Mills, (previously documented on other sites) such as: Living Lies, & Ripoffreport.com (Report #541158 & others), too many problems from his law firm to mention…
We pray for all Victims!!! God Bless, Defense Counsel & God Bless, Florida Attorney, Mr. Thomas Ice of Ice Legal (One of the Best Attorneys, in the Country = Our Valuable opinion)!