Comments on: FORECLOSURES: Three FL Judges will have to get up to speed on a fast-moving field

By: LVLawman

LVLawman — Tue, 04 Jan 2011 05:06:44 +0000

I have litigated many complex business cases before judges that did not have a clue and ruled by the seat of their pants utilizing what they believed to be common sense rather than the law.

I had a case I assisted on in Palm Beach a few years ago where the judge started EVERY hearing on EVERY case asking “So what is this case about”. Both sides were so frustrated with this imbicile that we stipulated a transfer of the case to Miami-Dade where we drew a decent judge.

The issues in foresclosure defense only START with STANDING. They really get complicated when you go beyond that and get into the securitization and credit default swap and TARP issues. Most judges nationwide haven’t go a clue at that point unless they hold accounting or MBA degrees. You get success among those that will take the time to allow you to educate them, the lazy and those who have ADD won’t allow themselves to be and you generally wind up in the appellate courts, numerous times, on the same case.

By: John R.

John R. — Mon, 03 Jan 2011 16:52:11 +0000

The whole process of securitization needs to be understood by the Judges across this country. Let’s face it, when they were in school it probably wasn’t even invented yet and if it was it wasn’t being used in the Real Estate Industry yet. There should be an effort made by the Judiciary of this Country to get the judges in every State up to speed on this process, The Banks, for way to long, have enjoyed the position of not having their positions inquired into and decided long ago to obfuscate the process in an attempt to “get around” the Law (ie., MERS). As the judge’s become better informed of the complexities and the necessity and iron clad law of those necessities, proper judicial decisions against the Banks will multiply. All who have seriously followed these issues have to agree with this. I see this event as being very positive for the cause and hope each and every State immediately adopts a similar policy post haste.

If you’ve seriously followed this issue, you understand that millions of foreclosures already judged are actually VOID! the quicker the judiciary starts handing down “valid” decisions, the quicker this Country gets back to being a Country operating under the Rule of Law, instead of the Rule of the banks.

This, coincidentally, should also start a huge hiring wave of people knowledgeable in the legal and loan securitization fields. ALL of those past foreclosures MUST be revisited and the unlawful ones MUST be VACATED. Within the Law there is no other choice. Remember, the victims didn’t create this mess, Wall Street did. Once vacated, the Banks/Lenders then will have the right to “Legally” refile IF they have the proper documentation (and it shows they didn’t violate TILA, HOEPA, RESPA and the rest) AND all of those foreclosure mill attorneys who have been shamelessly colluding with the Servicers and the Bankster/Lenders need to be prosecuted to the full extent of the Law.

We live in a Country of Laws, we cannot let those who think they are above the Law be, above the Law. The Law doesn’t say it’s the Law for everyone except Wells Fargo Bank or Deutsche Bank or Bank of America, it is the Law for everyone.

By: 2 PiratesOver 40

2 PiratesOver 40 — Mon, 03 Jan 2011 14:01:35 +0000

Larry,

You are asking for way too much ……………..
remember this is Florida there talking about ……..

By: Larry

Larry — Mon, 03 Jan 2011 13:06:23 +0000

Well if these three Judges follow the Civil Rules of Procedures in Court then there would be no need to bring any Judge up to speed. My question is; why do we need to bring any Judge up to speed? The Rules are clear the law is the law, Fraud is Fraud, so just do your job, and you will not need to be brought up to speed.

Oh shoot! I apoligize! I almost forgot this is the Florida judicial system were talking about here…………….

Ok! So I guess these Judges need some help from a “pro se”……Here is a hint; it’s called “Standing.” Learn what it takes to have Standing, and you will not have a mortgage forclosure crisis in Florida.

Now I am not the sharpest pro se out there, but I think “Standing” is the key issue.

How about – The Original Note, and Mortgage, an Original Assignment that is completely filled out that documents every transfer that took place. How about the Account and General Ledger Statement, and a competent witness who can testify to these facts, not the Plaintiff’s attorney……….

Hope this helps,
Larry