January 2011


The Christmas Season has past.  The New Year has begun.  It is a time of year where all of us think about how thankful we are for the things that we have; the families that we have; and, contemplate what the New Year will bring us – Jobs, Storms, Weight Loss.  We are often thankful that the old year is gone and look hopefully to a New Year.  With the passing of the Christmas Season also goes the consideration and thoughtful concern for those who are less fortunate than we – those who have no home, no job, and who had no gifts under the Christmas Tree or no tree at all.

Unfortunately, there are a set of individuals who are Happy that there are more Homeless People in the Streets; Happy that there are more empty houses; Happy that Florida can be named the Land of the Homeless.  These are the majority of the Judges – in Foreclosure law, of course – and the State Capital, who has ordered 62% of all families in foreclosure to be out of their houses as fast as the Robo-Courts can so Order, who have a stated goal to throw more people out of their homes because the State Capital refuses to fund the Courts with enough judgeships to handle the foreclosure cases that are flooding the Courts.  Instead, the State Capital decided last year to fund – for a short session – Robo Judges who sit in Robo-Courts with the specific mandate to throw Families out of their homes that represent 62% of the foreclosure cases pending in the State Court system.

I call them Robo-Judges because these are retired judges who are so far past the age of Contemplative Thought that they often look like deer caught in the headlights of an oncoming car when having to TRY to listen to a well-constructed legal argument.  In truth, the Robo-Judges were never brought out of retirement to actually READ the pleadings filed by Attorneys, who have sweated through the last three years trying to draft pleadings that address a very complex Ponzi Scheme created by the Financial Institutions in very simple terms.  The Robo-Judges were hired to rule over Robo-Courts to simple Rule for the Plaintiffs.  Forget due process, equal protection under the law, fairness, evidence, The Law!!

There is so much evidence of the use of fraudulent documentation and fraudulently procured Affidavits being filed by Plaintiffs and their Attorneys that one would think that the Plaintiffs and the Foreclosure Mills would be the ones who would be disbelieved if it came down to the scales of justice.  Congressional Testimony procured over the last two months have overwhelmingly documented the necessity of Financial Institutions to utilize the Court system to steal people’s homes because their greed to quickly sell loans to REMIC Trusts – called securitization – prevented them for completing the necessary paper work to secure the title.  Thus, making the Court System partners in this Ponzi scheme because, for the scheme to work, the Judges have to ignore the fraudulent documentation, fraudulent affidavits, and ignore repeated request for discovery – discovery acceptably in any other area of the law – that would reveal the fact that the Plaintiff does not own the loan being foreclosed nor does the Plaintiff know who owns the loan.  If allowed the acquire the discovery requested, the Court would also find out that the Plaintiff has been paid for these loans through insurance policies or through the United States Government or through Credit Default Swaps or by selling the same note numerous times.  Thus, the Court manned by Judges who have been mandated to grant summary judgments as long as the Plaintiff has produced the necessary fraudulent documentation has become part and parcel of the problem and an intimate spoke in the wheel of this Ponzi Scheme, which I refer to as Fraud well done; especially if the Courts will not allow Defendants – i.e. Homeowner’s – to get the evidence to prove the Fraud.

That is why I have come to the conclusion that the more Families that are on the streets the happier the majority of the Judges in Florida are.   HOMELESS Mothers, Homeless children, Homeless elderly.  These are the goals of the State Senators, State Representatives and the majority of the State Judges.

NO matter how much evidence there is that the Plaintiffs, with the help or tacit approval of the foreclosure mills, are manufacturing the evidence necessary to steal Homeowner’s homes, Judges simply don’t care.  Robo-signers, without any concerns for the truth or veracity of the documents stacked in front of them, sign affidavits and assignments of mortgages prepared by others and notarized by individuals in another room or building or State without complying with the basics of Florida’s State Notary laws.  Law firm employees also sign these Affidavits in support of motions for summary judgment or assignments of mortgages filed by the law firms – thus, the Plaintiff’s lawyer’s office staff or attorneys becomes the material witness for the lawyer’s client.  One has to wonder where Ethics has gone to.  But if the Judges don’t care and the Florida Bar does not care then more fraudulent documents will continue to flood the courts and more people will be out of their homes without any due process consideration.

Alarmingly Judges across Florida are ruling that their counties will not follow the rules of civil procedure or rule of evidence or State Statutes – in the foreclosure division only.  In one county the Chief Judge has just made an administrative rule that assist Plaintiff’s in avoiding mediation with Homeowners.  Judicial Goal:  Make as many people HOMELESS as possible.  Administrative Ruling have also been issued regarding what documents a Plaintiff must file with the Affidavits filed in support of summary judgment; thus, leaving open the question as to whether this is an abrogation of Rule 1.510(e), which requires all documents relied upon or supporting statements in an Affidavit be attached to the Affidavit and authenticated, or is this an additional requirement that the Court is mandating.  Why make any Administrative Rule? Rule 1.510(e), Florida Rules of Civil Procedure, has been around for a very long time and every attorney and judge knows what it means.

Robo-Judges have been hired, utilizing State Funding, with the sole purpose of making Homeowners Homeless.  These Robo-Judges love their jobs.  They don’t have to follow the law.  They don’t have to follow the Rules of Civil Procedure.  They don’t have to listen to the Arguments made by the Homeowner’s Attorney.  They can throw case law into the trash can.  All these Robo-Judges have to do is grant summary judgments and throw people out of their homes.   Robo-Judges have NOT been hired to be impartial.  They have been hired to make people homeless.

This is the root of the Constitutional Crisis that is now unfolding in Florida.  Judges are being hired who are so old that learn about new subjects is well beyond their capabilities.  These Robo-Judges are not elected and are held to only one standard – how many motions to grant summary judgments have you made.  No matter how valid the argument for the homeowner  or how fraudulent the documentation, the goal is to close cases and throw people out of their homes, without due process and equal protection.  Judges, who we Floridians and United States Citizens depend on to uphold the law, are being hired to do just the opposite and the State Legislature is solidly behind this breach in the Constitution.

Somehow Florida Judges have determined that it is better for Floridians to become Homeless; that the economy is better if more families are rendered homeless.  Somehow Judges have deluded themselves into believing that  judicial integrity will survive their ramming foreclosures through while ignoring the law, civil procedure rules and the well-documented fraudulent activity of the Plaintiffs and falsification of documents, with complete immunity.

Judges, do you really believe that making families Homeless is somehow an aspiring calling?

Judges, do you really believe that a backlog of cases somehow justifies placing the legitimacy of our civil court system into question?

Judges, do you really believe that tacitly approving the systematic abuses, manufacture of documents, a complete lack of admissible evidence related to the chain of ownership and the fraudulent misdeeds of the lenders/servicers and their robo-signers and foreclosures mill firms/attorneys will somehow further the goal of stabilizing an economy that crashed due to the securitization of home loans through government and non-government trusts which has left many Floridians and American Citizens without jobs, without homes, without Christmas and without a hope of a Happy New Year?

The State, the Cities and the Counties are suffering financially because of the loss of money from property taxes.  But there is an appalling lack of concern for the loss of millions of dollars that the Financial institutions should have paid in recording fees.  Or how about the loss of fees when the Judges do not routinely dismiss cases that the Plaintiff has failed to prosecute within a year.  Instead of dismissing these cases for lack of prosecution and getting either a new filing fee of $900 to $1900 or just the $50 re-opening fee, the Courts throughout Florida just wag a finger at the Plaintiffs and condemn the Defendant/Homeowner for not moving the case forward.  Hundreds of Thousands of Dollars lost due to Court’s pandering to the Florida Bankers Association.

Who gets punished?  The homeowner!  Homeowners are not allowed to file counterclaims because those claims may cost $900 to $1900 even though the claims have nothing to do with foreclosure but are based in a Declaratory Judgment or a beach of contract.  Homeowners are not allowed to get discovery that may prove that the lack of ownership of the loan by the Plaintiff.  Judges don’t read the pleading and have no concept of what the arguments are when coming to court – and these are complicated arguments.  The list goes on and on.

It is time for the State Legislature to fund the court systems throughout the State of Florida to allow for the hiring of competent judges who are willing to follow the law and stop pandering to the Florida Bankers Association.  All Robo-Judges should be gracefully re-retired.  Personally I think these new Judgeships should be elected because most Floridians have lost all respect for the Court system as it now exists.  Will this cost money?  Yes, So add a penny tax to the sales tax.  The integrity of our court system is more important than one cent.

MERS – Mortgage Electronic Registration Systems – must be recognized for what it is – the strawman for the Plaintiff.  As part of the Plaintiffs’ scheme, MERS must be made to open its computers systems upon simple discovery requests made to the Plaintiff so that Homeowners can find out who ownes these loans – which, personally, I don’t think the Plaintiff can prove.

Fannie Mae and Freddie Mac must also prove that it owns these loans or what GSE Trust the loan was allegedly sold.

Judges throughout the State of Florida must start sanctioning the Plaintiffs and the Plaintiffs’ law firms for flooding court system with fraudulent documents in an effort to use the Florida’s Courts to finalize their theft of property.  Homelessness should not be the goal of the judges.  Justice should be the goal.

It is time to hire good Judges who care about the Rule of Law.  It is time that the Courts must do what the Federal Courts are doing – force the Plaintiff to prove their case.  If the Plaintiff owns the loan then the Plaintiff should be able to prove that the Plaintiff bought the loan for a fair consideration – i.e money – via wire transfer or some other valid documentation.  Just because the Plaintiff walks in holding what purports to be an Original Note does not mean that the Plaintiff owns the loan and can enforce the mortgage.  I can drive my neighbors car but that does not mean I own the car or can sell the car.

In  2011 I resolve to to continue to fight this battle for the Court system of Florida.  My goal is to be a part of the movement to return the Court system to the people as well as to see sanity and logic to reign once more.  This can only be done if more people fight the Bankers and write their State Congressmen and Senators.  Everyone must get involved because it effects everyone.