From Urban Dictionary: The term “pigs ass” is used in many situations. It is most commonly used when someone claims something is not true.

And we all remember Lee County Clerk of Court Charlie Green from previous articles right?

LEE COUNTY

CLERK: CHARLIE GREEN

Executive Assistant: Laura Bennett
P. O. Box 2469, Ft. Myers, FL 33902
or 1700 Monroe Street, Ft. Myers, FL 33901
Telephone (239) 533-5000 (main)
http://www.leeclerk.org/

LINK – Lee County FL – Clerk of Court Charlie Green, “There Should be a Way to Foreclose Quickly Against Deadbeats Who are Destroying Neighborhoods”

But county Clerk of Court Charlie Green, who’s struggling to stay ahead of a flood of new foreclosures and a 23,000-case backload, said “there should be a way to foreclose quickly against deadbeats who are destroying neighborhoods by neglecting or abandoning their homes”.

I agree with the banks: Those people need to go.”

And…

LINK – Fox 4 News Investigates Lee County’s “Rocket Docket” Program

Clerk of Courts Charlie Green: “The debt is still the debt. The note is supposed to be present, and that’s a problem for the lender. It comes back to both parties, the party who borrowed the money, who signed the note agreed to pay.

Even if the other party can’t be determined.

Well, much hasn’t changed…

Fox 4 Rocket Docket Investigation

More concerns about Lee county’s Rocket Docket.

If a bank were trying to take your home away in a foreclosure lawsuit, you’d think there were certain facts that must be confirmed… like how much money you owe the bank. But that doesn’t seem to be the case.

…At least 4 payments of $900 unaccounted for.

Scott says it’s frustrating: “They don’t know what our home’s worth, they don’t know how much we owe, we don’t know what we owe. I can’t get an answer as to what we owe.”

That’s why Scott’s lawyer – Todd Allen – has asked the court to require the lender to attach documentation showing where those payments went and how much Scott currently owes. But that request was denied. And the judge stated, in black and white, Lee county wasn’t requiring the bank to comply with state rules of court procedure.

“The court basically said we’re not making them to comply with that rule. What’s troubling is they’re going to possibly foreclose on this property with less than complete evidence,” he adds.

Lee county Clerk of Courts Charlie Green denies that could be going on, “I”I’ve never seen or courts step outside what their own procedures.”

Green adds, “you have to make an effort to make the payments.”

Liza Fernandez: “This guy has been making payments.”

Charlie Green: “Did he show you canceled checks?”

Liza Fernandez: “He showed me bank statements, showing payments made that haven’t been applied. All they want is proof from the bank as to where this money is. That’s all they want.”

And after further research, the clerk of courts gave us a statement: “We have not required, in the past, nor do I think we will, to have copies (of those documents) attached. It’s not mandatory.”

It’s not mandatory?

Florida Rules of Civil Procedure

1.510 Summary Judgment

e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.

The rules look pretty mandatory to me…

The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.

Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers Summary Judgment.  According to Rule 1.510(e), Affidavits filed in Support of Summary Judgment require the following:

Florida Rules of Civil Procedure

1.510 Summary Judgment

e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.

“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”

This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule.  It has been around a long time and has served the Florida Courts well in all areas and divisions of the law.  Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.

Florida Courts have routinely singled out Homeowners in Foreclosure for special (negative) treatment.  Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.

The fact that these Affidavits in Support of Summary Judgment lack the necessary attachments to meet the requirements of Rule 1.510(e) has been a constant battle fought by every attorney who fights on behalf of the homeowner; and, who seeks to have the Rules of Civil Procedure applied in a fair and just manner.

This Order is a tacit admission that the Rules of Civil Procedure are not being followed in the same manner as these same rules have been followed in other areas of the law or judicial divisions in the court system.  This is the travesty to which – www.4closureFraud.org – has dedicated itself to eliminated.

The Florida Rules of Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!

When administrating the Florida Rules of Procedure, or the Florida Rules of Evidence or applying the Florida Statutes,  Judges should not look first to whether or not the defendant is in foreclosure and adjust the rules and laws to fit a perception of guilt or expediency.  Rather the judges and court should first look to see if the plaintiff even has standing to appear before the Court; and, second, if the plaintiff has proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven.  Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.

Based on what www.4closureFraud.org has seen, the fight for equal justice under the law and under the Rules of Civil Procedure is still an ongoing battle.  Homeowners are still not being given due process under the law.

Ultimately, the District Courts of Appeal are going to have to decide if the Florida Laws apply equally to everyone or that Homeowners in Foreclosure are not entitled to equal protection under the law, due process, or fair and equal treatment of the Rules of Civil Procedure and the Rules of Evidence.  Furthermore, there will have to be a determination as to whether judges who operate outside the parameters of the Constitutional Right of Due Process, Equal Protection, and the impartial administration of the Florida Rules of Civil Procedure and Rules of Evidence are qualified to be judges.

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4closureFraud.org

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Order from Judge “Lee County is NOT Requiring that Plaintiff’s Comply with Fla.R.Civ.Pro 1.510(e)”
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