A Response – This is War – HOW TO DISMISS THOUSANDS OF FORECLOSURE CASES
As many of you who read this Blog know, I do not use this blog to promote myself or pat myself on the back. The purpose of this blog is to get information out to the people regarding the fraud that is so blatant and rampant in Florida. Consequently, I do not post my pleadings or memorandums of law as it distracts from the purpose set forth above. That is about to change because I often find the analysis of the law lacking in many of the discussions that are posted on other blogs.
I have attached to this posting my analysis of the “effective date” of the Florida Supreme Court’s rule change requiring the verification of complaints. I have already won over one of the most entrenched judges today in West Palm Beach utilizing my Talking Points. So I say, go forth and get thousands of foreclosure cases dismissed — but please use my talking points.
In case any reader has missed the point, the biggest offenders of the failure to provide due process and equal protection of the laws of the State of Florida are the Judges now sitting on Rocket Dockets throughout the State of Florida. Many of these Judges are retired judges that have been brought out of moth balls, propped up in the courtroom, and told to get rid of the cases — even if it means ignoring the law, the rule of civil procedure, the evidentiary rules and due process. How much more arrogant can you get when even the Florida Supreme Court is ignored.
On February 11, 2010 the Florida Supreme Court amended Rule 1.110(b) of the Florida Rules of Procedure to require verification of these foreclosure complaints in the mistaken believe that an officer of the Plaintiff would actually make a good faith effort to determine if the plaintiff really is the owner and holder of the note which is the subject matter of the foreclosure. With all the fraudulent documents, assignments, and false affidavits presently being manufactured by plaintiff law firms; such as, the Florida Default Law Group, David Sterns Law Office, Shapiro & Fishman, LLP and Marshal Watson’s Law firm, why are any of us surprised that the spirit and intent behind the Florida Supreme Court’s amendment of the rules of civil procedure should be so flagrantly ignored by these same law firms; as well as, all the other plaintiff law firms.
What is surprising is the judges in the State of Florida who give these practices a nod of approval in order to accomplish the more despicable practice of throwing people out of their homes (Sorry, I mean, getting rid of the foreclosure backlog) without due process and equal protection. Criminals now have more rights in Florida than law abiding citizens whose jobs, livelihood, hopes, dreams and HOMES are deliberately being taken by these self-same plaintiffs (banks, lenders, servicers) who sold the notes for three times the value of the notes, received bail out money to shore up their sagging portfolio balances (who wouldn’t love that!), sold the really bad loans to these same law abiding citizens (read Fannie Mae and Freddie Mac) and continue to devise ever more devious and evil ways, with the aid of their attorneys, to “screw” the American people — including my favorite Americans, the Citizens of Florida BECA– USE the self same Plaintiff’s cannot prove that they own, paid for, or otherwise acquired these Notes.
Recently, a kindred blog posted a its response to the judges who continue to deny motions to dismiss for failure to verify the complaints, which verification is a joke, but that is another issue. With all due respect to my fellow Warrior Lawyer, the analysis found in the “Defendant’s Supplemental Memorandum of Law in Support of Motion to Dismiss Action” is not well reasoned; therefore, will not win the judge over. The reason is set forth in the attached Informal Memorandum of Law which includes “Talking Points” . Again these Talking Points were successfully used (September 20, 2010) to change the mind of a judge who has routinely denied our motions to dismiss in the past. (BTW, the judge was smiling as he granted the motion to dismiss).
Why were these Talking Points successful. Simply because it correctly analyzed how an emergency amendment to the rules are promulgated by the Florida Supreme Court. Read Rule 2.140(d). It entitles the Florida Supreme Court to amend a procedural rule — any procedural rule — “effective immediately”, even though the Florida Supreme Court may receive and consider comments on the rule change for some period after the “effective date”, without changing the “effective date” of the rule change.
The attached also includes a little discussion I had with my paralegal which is included because it illustrates why the use of the Rules of Civil Procedure and the Florida Appellate Rules cannot be used to analysis the issue regarding the “effective date” of the Rule Change promulgated by the Florida Supreme Court under Rule 2.140(d), Florida Rules of Judicial Administration.
We, Floridians, are facing a Constitutional crisis wherein law abiding citizens are given less rights than the worst criminal. What is amazing is that the more fraud, lies, deceit, robo-signers, and other illegal activities are exposed, the more the circuit judges rule against the common, law abiding Floridian. Our job as Warrior Lawyers is to present good, cogent, well-reasoned legal analysis to the circuit court judges and the appellate courts. Then we need to PRAY that the appellate courts and the Florida Supreme Court will uphold the most basic due process and equal protection rights by giving the homeowners the same rights as the most common criminal – i.e. make the Banksters provide evidence (real evidence) of the ownership of these notes.
Homeowners need to contact their State Senators and State Congressman to stop the bill presently being pushed through the State Legislature to make this State a non-judicial State — thus, accomplishing the theft of Floridian Homes without any court process — none whatsoever.