Just passing on the info…
Ready-to-File Documents Create a Bar to Accelerated Foreclosure
Documentary Clearing House and Associates is providing all lawyers in the country and any other interested person with “the Rocket Docket Annihilator”, a free set of legal forms and instructions to stop summary foreclosure and its attendant consumer abuse. Accelerated foreclosure proceedings, relying upon tools such as the rocket docket, repeatedly lead to summary judgments resulting from wrongful foreclosure. Anyone suffering foreclosure, at a minimum, is entitled to being foreclosed in accordance with the law not in a proceeding which circumvents and defies the law.
Courts throughout the country have made short work of cases of uncontested foreclosure by issuing summary judgments of foreclosure as a matter of course after a perfunctory expedited hearing conducted as a brief, formulaic formality. Almost invariably, no court official checks the pleadings and other field documentation to make sure the plaintiff is legally entitled to take the property by foreclosure. In such proceedings, foreclosure in reliance upon slop documentation is routine.
The 12th Circuit in Florida which includes Sarasota and Manatee Counties is a Microcosm. One of every 19 homeowners in Manatee and Sarasota counties received a foreclosure notice last year, a total that pushed Florida to third in the nation for its distressed property rate. Local Chief Judge Lee Haworth expects thousands more foreclosure cases in 2010 and 2011.
On June 5th, 2010, the Sarasota Herald Tribune reported a local court-sponsored program — unofficially dubbed “Stop the Slop” — to once again review all foreclosure filings and dismiss those that are incomplete. Of the 52 cases in the first round of review in Sarasota, all lacked the new verification requirement or other proof the bank is entitled to take the property, an attorney who reviewed the cases says. The vast majority reviewed since then have also failed to meet the requirements.
Similar results were found in another survey conducted by Documentary Clearing House and Associates in April 2009. DCH reviewed 180 cases in Sarasota County and found 72% had defective and efficient paperwork. DCH’s recommendations for correcting the problem were rejected by the Chief Judge who claimed that the Court lacked the fiscal resources necessary to check documents in uncontested cases. Instead of correcting the situation, the Chief Judge installed a retired judge to operate an accelerated docket. This retired judge had among his credentials the fact that he had used to summary judgment to foreclose 250 cases in one day.
It may then comes as a complete surprise that not two weeks later, the same Chief Judge announced his decision to reinstitute a rocket docket in Manatee County, reappoint the retired judge and add two more retired judges to accelerate summary foreclosure judgments.. In other words, slop documents would again be used to enable foreclosure in uncontested cases.
Such a course of judicial action constitutes a denial of due process to defendants wrongfully being deprived of property and judicial misconduct. Courts which claim to enforce the law must do so by obeying the law. Such arguments, however, have fallen upon deaf ears when made to a judge conducting rocket docket foreclosures. Accordingly, the protection of the rights of debtors can only be vindicated by bringing accelerated foreclosure to a dead stop. That is why DCH is making available to counsel the Rocket Docket Annihilator. The Rocket Docket Annihilator is being published and distributed pro bono public.
The Package consists of:
- Step-by-step instructions.
- An Answer.
- An Opposition to Summary Foreclosure.
- In Florida only, a Motion to Dismiss for Failure to Register the Trust.
The Answer raises disputed questions of fact in substantive affirmative defenses, none of which are spurious and many of which require evidence obtained through discovery to substantiate. The Opposition contains the legal argument that summary judgment cannot be granted where material facts are in dispute between the parties. For example, in the answer it is alleged that the monthly payments alleged to be in default by the Plaintiff were in fact paid to the certificate holders of the trust, on whose behalf plaintiff is allegedly foreclosing.
If a court ignores these arguments and grants summary judgment, its decision results in reversible error if the case is appealed. Moreover, such a judgment will not protect the plaintiff from a post foreclosure lawsuit filed by the occupants and owners of the property for wrongful foreclosure.
These documents are being published on our web page at documentaryclearinghouse.com and are placed in the public domain. These documents are provided for and intended for the use of lawyers. However, any interested person may obtain a copy on our web page. Reuse or republication of these documents is encouraged. Any realtor may obtain the Rocket Docket Annihilator for any client in foreclosure. Any person involved in loan modification or counseling persons in foreclosure may obtain a copy. Persons choosing to appear pro se may decide to use these documents. However, they do so contrary to the advice given by DCH. Issuance of these documents is neither intended nor designed to offer legal advice to any person or to enable any person to appear pro se or represent themselves. DCH is not engaged in the practice of law and cannot and does not advise or represent any client or other person as an attorney or legal representative.
There are many other documents at documentaryclearinghouse.com so go over and check them out.
Again, I am just passing along the info and this is not intended to be an endorsement of any kind.
As DHC says above, issuance of these documents is neither intended nor designed to offer legal advice to any person or to enable any person to appear pro se or represent themselves…
If you are facing foreclosure it might be a good idea to get these filed with the help of an attorney.
In my opinion, pro se defendants can not win anymore without representation… It’s a slaughterhouse…
I attached their documents below for download as well since it stated in the press release,
“Reuse or republication of these documents is encouraged.
For more information contact:
Richard F. Kessler
Documentary Clearing House LLC.
941-924-5608 begin_of_the_skype_highlighting 941-924-5608 end_of_the_skype_highlighting,
BE SURE TO READ THE INSTRUCTIONS
Rocket Docket Annihilator – INSTRUCTIONS
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Rocket Docket Annihilator – AFFIDAVIT
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Rocket Docket Annihilator – MOTION to DISMISS
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Rocket Docket Annihilator – ANSWER
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Rocket Docket Annihilator – DEFENDANT’S MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
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