Dear, Chief Judge Peter D. Blanc,
My name is Lisa Epstein. I am writing to you to introduce myself and ask for a meeting to discuss some of the issues with the current state of our county’s foreclosure crisis. I would especially welcome the opportunity to walk you through a sampling of the foreclosure files and the official land records filed in your court. I will show you the same signatories signing as officers of a multitude of different banks, with many variations of their signatures. I will show you original notes stamped VOID. I will show you notes with restricted endorsements to a party who is not the Plaintiff and no allonge or other form of assignment of rights or entitlements to the Plaintiff bringing the foreclosure action.
Judge Blanc, take a moment to please lay aside the stigma of the “deadbeat borrower” who lied on their mortgage application and is trying to scam a free home. Most people in foreclosure today are hard working, everyday Americans who have been victimized by a Wall Street leviathan which shoveled into it’s ravenous maw millions of loans created by highly incentivized, reckless, predatory, fraudulent lending practices which have felled our entire country and have taken down the global economy to boot. We are in desperate straits, after draining our savings and other access to funds (retirement, college, rainy day, credit cards, loans from relatives), etc. Most of us were purposefully held off, deceived by unfulfilled promises of loan modifications, while we struggled to pay an unexplained, ever-increasing monthly mortgage payment. Now newly unemployed, out of safety net options, no modification in sight, served with foreclosure lawsuits, our families are facing homelessness. We were recently productive members of society, working and enjoying the recreational offerings of our lovely state. We were sold loans, based on criminally over-inflated appraisals, where we qualified only for the “teaser rate” but were hornswoggled by commitments of fee-free refinances prior to the rate reset. We are not experts in mortgage products, housing market price fluctuations, fair market value, etc. We trusted the professed experts in their fields, as we do when we are diagnosed with an illness, require auto repairs, or have our taxes prepared. Many of us had our property insurance canceled, and then a five-fold increased cost forced-place insurance dumped on our loan (called “loan packing”), manufacturing a default and subsequent foreclosure.
Foreclosure mill attorneys and their clients bamboozle their way into court. The foreclosure cases, not to mention the official public land records, are a gallimaufry of fabricated, forged, and altered documents proffered as proof of the right to foreclose and evict a Floridian family from their home. Judge Blanc, if I pulled any one of these stunts, even once, I’d be slapped with felony criminal charges, yet these acts occur thousands of times per day in our courts. I am deeply concerned that the senior judges who may be unaware of the issues discussed in this email and the attached documents might be adjudicating these foreclosures without an updated knowledge base. One judge explained, “The lawyers for the banks will tell me about the case. Since they are officers of the court, I can trust them at their word.” Judge Blanc, I fear that there may be repercussions down the line from tens of thousands of unfounded, but granted foreclosure actions. Repercussions that negatively impact the integrity of our public land records, the public’s trust in the judicial system, and thousands of houses with cloudy titles sitting empty and unsellable.
As a weekly observer in foreclosure court, I see all walks of society losing their homes, many without alternative housing options. To me, the worst is the families with young children, pets, and the most horrifying is the elderly. Judge Blanc, Florida’s elderly! Some in their 80s and 90s, whose homes were fully paid off, yet were lured into over-inflated, teaser rate loans, and now are in foreclosure. Some of these older Floridians have no living children, no lifespan left in which to recover from this economic blow, and no place to go! My G-D, what is to happen to these people? I question daily how we as a society can treat our citizens of all ages, and our beloved pets this way, evicting them from the only homes they know.
I have been working tirelessly, contacting all three branches of our state and federal government and law enforcement agencies on every level. In my work, I have seen levels of fraud and corruption that started prior to individual loan origination and continues past the post-foreclosure sale. I have reported criminal acts to the Florida Office of the Attorney General and to the U.S. Department of Justice.
I offer emotional support to hundreds of people in foreclosure across our nation. I own and manage a website where people can post their stories in a safe place. I host a monthly Happy Hour for professionals who strive to help Floridians defend their homes.
Although I am not an attorney, I have acted as an “Interested Person” (example Case No: 502007CA008051) and an ” Amicus Curiae” (example Case No: 502008CA016305) in several foreclosure cases. I have submitted comments to the Florida Supreme Court which can be found at these links. I attempted to attach another comment which was recently submitted on 4/12/10 and is currently under review.
- See 10/7/09 for my first comment to the Florida Supreme Court (scroll down to EPSTEIN 10/7/09): http://www.floridasupremecourt.org/pub_info/foreclosure_comments.shtml
- See 10/21/09 for my second comment to the Florida Supreme Court and exhibits (Scroll down to EPSTEIN 10/21/09) http://www.floridasupremecourt.org/pub_info/summaries/briefs/09/09-1460/index.html
- See 10/26/09 for the FL Supreme Court’s response to my comment (Scroll down to EPSTEIN 10/26/09) http://www.floridasupremecourt.org/pub_info/summaries/briefs/09/09-1460/index.html
I spent numerous hours and effort towards the defeat of the non-judicial foreclosure bills HB1523 and SB2270. I spoke at a press conference on the Florida Capitol steps last week, video here.
Judge Blanc, please, I will work out any meeting time with you individually or in a committee meeting where I can present my underrepresented and unique perspective. Name the date and time. Please note that I have no desire to discuss any matters that involve me personally. The fact that I, a shy quiet woman, would write such an outlandish offer reveals to me the deep level of moral certitude that guides my work in the immoral, unethical, and many times illegal and unfounded foreclosures in America today.
Thank you for taking the time to read my email.
607 Gazetta Way
West Palm Beach, FL 33413
From: Lisa E. <firstname.lastname@example.org>
Date: Fri, Apr 30, 2010 at 8:38 PM
Subject: Florida Supreme Court Rule 1.110(b) Verified Foreclosure Complaint Ignored by Foreclosure Bar
Dear Judge Peter Blanc,
I am writing to you again, this time to respectfully plead with you regarding the blatant and disrespectful disregard for the Florida Supreme Court’s rule amendment 1.110(b) by the members of the foreclosure bar. I am uniquely qualified to discuss this with you in light of the fact that I was active in submitting a time-consuming and well researched comment in regards to this case. See my comment here under EPSTEIN on 10/21/2009 and the Justices’ response to me on 10/26/2009. http://www.floridasupremecourt.org/pub_info/summaries/briefs/09/09-1460/index.html
I am terribly disappointed and deeply alarmed to see such disregard for the rules set by the highest court in the state! How is anyone to have faith in our judicial system if the opposing counsels’ officers of the court can unilaterally elect to opt out of the Rules of the Court? When one considers that Florida’s Attorney General’s office has opened a case to investigate allegations of false and fraudulent pleadings and exhibits filed by members of the Foreclosure Bar, one is even more concerned! http://myfloridalegal.com/__85256309005085AB.nsf/0/A4F1B85DCC5D5ACD852577130045B63F?Open&Highlight=0,florida,default
Judges are elected to their position and are granted a great responsibility to administer the highest values of our country: fairness, justice, equal treatment under the law.
The ultimate sanctions should be meted out, court ordered case dismissals, sua sponte, WITH prejudice or in the alternative, without prejudice forcing a refiling of the case and a chance to recoup some much needed revenue to prevent layoffs of the hard working employees of the 15th Judicial Circuit.
I respectfully request that you please contact me if you wish to discuss this matter further.
From: Lisa E. <email@example.com>
Date Sun, May 16, 2010 at 7:33 PM
Subject Fwd: Florida Supreme Court Rule 1.110(b) Verified Foreclosure Complaint Ignored by Foreclosure Bar
Dear Judge Peter Blanc,
Thank you very much for your reply. I can’t tell you how pleased I am that your fellow judges are beginning to address the issues discussed in my email below!
Please see the attached order from your colleague in the 12 Judicial Circuit. The 3rd directive of this Honorable Judge’s order speaks to an issue which seems apparent in almost every foreclosure complaint filed in your court; exhibits which do not refer to the foreclosing Plaintiff whatsoever.
From my own research, the Law Office of David Stern seems to be the worst offender with 100% non-compliance with Fla.R.Civ.Pro 1.110(b). Law Offices of Marshall Watson is close behind with an estimated 20% of their foreclosure complaints with verifications. The other foreclosure bar firms do flirt with compliance in the loosest, mildest way. Law Office of Daniel Consuegra filed my personal favorite, see (Consuegra HSBC Maria Vadney.JPG (image/jpeg) 214K). Florida Default Law Group places a free form verification that addresses some but not all of the allegations in the complaint (something which your colleague directly addressed in the attached order). FDLG’s free form verifications do not address who is the holder of the note in the foreclosure action or if the note has been lost, regardless of the fact that those facts are alleged in the complaint. I’ve attached several examples of “verifications” for your review so you can come to your own conclusions regarding compliance with the intent of the Florida Supreme Court’s amended rule. (Please take note the titles, place of notary, etc of these documents).
The bonuses for the 12th Judicial Circuit are 1) earned respect for insisting on officers of the court comply with the intent of the orders of the highest court in our state and 2) the additional and significant revenue upon the foreclosure bar’s refiling of hundreds, if not thousands, of foreclosure cases which had been (and will be) dismissed for non-compliance.
Thank you once again for your time and attention.
Guess the efforts failed…
At least she tried…