Judge Kreegers take on the rocket docket in Florida

Dear Judge I. Kreeger,

I am really sorry that you feel that Foreclosures and “rocket dockets” is not a rush to judgment.

I respectfully disagree.

I am a Florida Homeowner and a recent veteran of your “Rocket Docket”. It is a real pity that the Banks of this country have overloaded the Florida court system with so many foreclosures. We won’t get into the fraudulent process by which the banks foisted loans onto a gullible public. Of course what you did not mention is how much money the Florida Court system and the various Clerks of Courts make on each foreclosure.

It was not my experience as you say that there was any review of documentation to determine that all procedural requirements are met and  that this  happens out of public view. I would say it’s a pretty fair guess that all proceedings happen out of public view.

It was not my experience that the judge on my case even looked at any document before passing judgment for $255,000.00 on a $117,000.00 house.  You say the case management system exists for only those uncontested foreclosures yet my contested foreclosure was pretty much streamlined through the case management system, so much so that before you could say Happy Thanksgiving the judge assessed a quarter of a million dollar judgment against me.

The open calendars that  you refer to are a sickening throw back to the era of the “Grapes of Wrath” where the poor homeowner who does show up to offer a defense gets thrown under the bus by resentful “senior” judges in a show more reminiscent of cattle auctions.

You complain because you were put on hold for ten minutes. What about the millions of homeowners who are put on hold for much longer than that? Say about seven years in my case. What about those homeowners who fax and refax pointless times to uncaring and indifferent loan servicers. My  protests of “But I made the payments” went unheard by the judge who informed me that he was only interested in whether I made the payments and kept the accountants report out of trial because Countrywide/BofA’s attorney told him to. No matter that the simple fact of ownership or lack of standing was ignored by the Judge who stated that he did not care or that there is not one original signature (read fraudulent) on any of my bank documents.

The careful meticulous attention to detail that you claim must only happen in your courts because in six years this has never been the case. In six years only the attorneys for Countrywide/BofA were listened to never me or my attorneys when I could afford them. I was not even allowed to cross examine the “affiant” in my case. I was shut down when I asked her how Countrywide/BofA processed loan payments as if this was an official secret. Pages and pages of discovery were redacted like it was the CIA and yet this went unremarked by the judge like this was a state secret.

Its admirable that you wrote the Miami Herald but interesting that this was kept off the online editions so only those who could still afford home delivery could even read this article.

Foreclosures are all about individual property rights and how these have been trampled on by both the banks and judicial system of this country. What happens when that homeowner paid and like millions of homeowners now were in the process of negotiating a “payoff” when that servicer /bank/loan shark foreclosed.  How dare the judicial system cooperate in the full scale theft of a home predicated on fake signatures? How dare the court system enable the theft of a home and on top of that assess a judgment for even more money pretty much because the bank said so. Forget that the banks accounting looked like it was done by baboons so much so that the accountant I hired threw up his hands in disgust. He said to me that he did not know how Countrywide applied the payments I made. Excuse me if what I wrote was insulting to Baboons. They could have done a better job. Forget that Countrywide/BofA kept the proceeds of insurance checks. Literally, they just kept the money like they forgot about it or something. The judge said nothing. If I put a fake signature on a check of a vice president of a bank and tried to cash it I would be in jail. Yet that is exactly what Countrywide/BofA did. A promissory note is a negotiable instrument. I don’t do that but banks do and its okay.

I am really sorry that you and the court system of Florida are having such a terrible time. I bet you that I am having worse. At least you still have a house. I am barely in mine.

I have been to trial. That free house that the judge said I was trying to get, well it wasn’t so free. I paid about $35,000.00 in attorneys fees and about that mortgage rescue scam that my first attorney put me into? That ran me about $70,000.00 trying to “save” my house that just about every attorney I have talked to says is money I will never get back.

I am wondering. What is it that the banks are planning to do with all that blighted empty foreclosed properties anyhow once they have succeeded in ridding most of the homeowners in Florida of their homes?

Please feel free to contact me with any concerns you have,

Sincerely, another duped Florida homeowner,

Heather M

ps I attempted a motion to vacate based on fraud. I hired an accountant and a certified document examiner who prepared a report certifying the fraud. This was thrown out by Judge Deehl who felt as a homeowner I did not have the right to defend myself in court and that ownership and fraud were not issues he cared about.



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Thursday December 9th 2010 in West Palm Beach FL