Here is an interesting report from ForeclosureHamlet.org
–verb (used with object)
- to manipulate fraudulently
- to describe situations where unfair advantages are given to one side of a conflict
- to manipulate in a fraudulent manner, esp for profit
- to arrange the outcome of by means of deceit
- to swindle by some fraudulent scheme
Synonyms: swindle, cheat, cozenage, scam, fraud, bunco, bunco game, bunko, bunko game, con game, confidence game, confidence trick, flimlam, gyp, hustle, con, sting, pyramiding, holdout, swiz, shell game, thimblerig, set up, chisel, cheat.
In a Florida circuit court Jerry Riggs vigorously defends his home in a wrongful foreclosure action brought by Aurora Home Loans and their foreclosure mill counsel Smith, Hiatt, Diaz.
Over Jerry Riggs’ objections, summary judgment is granted in favor of Aurora.
Riggs appeals the ruling.
Florida’s 4th District Court of Appeals reversed the trial court’s summary judgment ( riggsfourth1.pdf ) ruling and remands the case back to trial court for further litigation. There is mention of an UNSIGNED endorsement as the bases of this opinion.
Smith, Hiatt, Diaz files a Motion For Rehearing ( aRiggs+Motion+for+Rehearing.pdf ) in the 4th DCA.
Based on Smith, Hiatt, Diaz’s Motion alone, the 4th DCA does a 180 degree flip and writes a brand new opinion ( 4D08-4635.rhg.pdf ) that, now that the appellate judges have reconsidered the facts, the trial court’s summary judgment was correct. And, there is mention of what is now a SIGNED endorsement, by a Humberto Alday, Shipping Officer of First Magnus (see last page here for a previous version of this man’s signature). There is a pointed discussion about “no record of Riggs disputing the authenticity and validity of the signature on the endorsement.” This is the best example of the critical need for a court reporter at every hearing. Riggs is adamant that he raised this issue n many occasions but without a transcript or pleadings in the filings, there is “no evidence in the record.”
On June 24, 2010, Roy Diaz, Florida Foreclosure mill attorney of Smith, Hiatt, Diaz, represented lenders on a panel of speakers at the Florida Bar Annual Convention in June 2010. He interpreted this ruling as, “The 4th DCA says even a shipping officer has the right to transfer assets and property for financial institutions.”
Attorney Jacquelyn Mack has some serious questions and concerns and sets to work researching and sleuthing. And the result is that she files yet another Motion for Rehearing, which brings us up to date on this case. A while back, First Magnus filed Bankruptcy and included in those filings were gold nuggets of truths.
Will fraud upon the court be acknowledged? Who knows? Remember, this is Foreclosure World where justice doesn’t matter. A sale date enriching a stealth plaintiff and dispossessing a family from their American home seems to be all that matters.
Study these documents over at ForeclosureHamlet.org that allege fraud and forgery on the part of Aurora and it’s foreclosure mill firm.
The documents can be found here at ForeclosureHamlet.org Riggs v Aurora = Justice Rigged? at the bottom of the post.
The documents presented are;
Alday’s stamp on back of original note from court file.pdf
Motion for Judicial Notice.pdf
Motion for Rehearing en banc.pdf
lattig-v-firstmagnus – adversary proceeding no.09-ap-00211-JMM.pdf
Stay tuned… I think this one might get real interesting…