Lenders Compound Court Errors
Banks use a made-up tactic to ‘ratify’ home seizures, experts say.
By Christine Stapleton and Kimberly Miller
Scores of Palm Beach County homes were foreclosed on with faulty paperwork that banks are now trying to sidestep with a legal maneuver experts say doesn’t even exist.
A Palm Beach Post review of court documents filed after last fall’s robo-signing scandal found 116 Palm Beach County cases in which attorneys for banks have asked a judge to ratify a final foreclosure judgment even though flawed documents “may” have been used to foreclose on the property.
Nearly half of the homes – 48 percent – have been sold at foreclosure auction. Tampa-based Florida Default Law Group, being investigated by the state attorney general, filed all of those foreclosures. All but three of the homes auctioned were seized based on documents signed by Jeffrey Stephan, a renowned robo-signer.
They were spotted because lawyers filed “motions to ratify” the final foreclosure judgment – an unheard-of request apparently aimed at getting judges to uphold the original case, the amounts owed to the bank, and attorney fees.
A judge’s blessing on the back end could discourage challenges to ownership and title down the road.
Also, the motions could be intended to stave off complaints that the attorneys knew about robo-signed and forged documents but proceeded with foreclosures anyway.
“They are trying to avoid a lot of big problems with those ratifications, including suits for malpractice, but it should not work,” said Sarasota attorney Henry Trawick, an expert on Florida’s judicial rules and author of Trawick’s Florida Practice & Procedure. “You can’t ratify a final judgment that was based on fraud.”
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Peggy…the banks and the government are bed partners..that is why the government has ignored the citizens of this country….any order of the government must kiss the ring on the hand that feeds them. The government gave all rights to the banks years back……the plans are deeper than just foreclosures. The foreclosures were just the slop put on the top of the fallen cake (America) after all jobs left with corporations in on the ruins of our country…this history is not in the history books. But it is found on google. something my father taught me in the 50’s..before computers…
.As strange as it may seem..he said the 90’s and 2000 will repeat history…And in 1985 a young man from Syria going to college here said ‘ the devil and evil will appear when the century changes.’..and it all has come so true.
Letters and e-mails only make that person sending them feel they are helping the issues we are fighting…but is it really helping? Unemployment is rock bottom…foreclosures are in the millions and continuing to climb..even with fraud proven. Has anyone heard of the government doing anything about it? NOTHING…they lurk in the shadows…hiding behind the banks who want control of the weaken world…the Central Bank…the ones who have followed before world war ll ..the Nazi’s.
Ponzi money stashed in banks in America…are now coming to surface. Chase Bank so far has made many millions off these ponzi schemes that used the bank to hold the money…..let’s see what is done to them. as far as prison…they aided and abeted those crimes…they used fraud to steal millions of homes…and no indictments…yet the prison’s are filled with crimes no where near this degree..
As much as I don’t want to see it…it will take alot more involvement from the people of America to demand justice be done. and if something is not done by the government soon…we may see blood in the street’s…and city blocks burning. .
I am not in foreclosure and never had a mortgage on my home..but I do know of someone who is fighting the banks on foreclosure…and I have spent many, many hours of searching into what is behind all this sick maddness. Something I have found is the banks never funded these mortgages…at closing the banks put their name on the promissory note and mortgages as payee/lender when in fact they were not the payee/lender…the money was wired for the closing from another ‘entity’ ..the banks were paid a ‘fee’ to close the loan..never paid one cent for the mortgage they put their name on …a fraud. So they used fraud on the note to gain profits many times over to sell the mortgages. So in court one should say..’ I don’t owe you any money or my house..you were not the lender….’ that is found thru discovery. The bank in fraud kept the original note and copies of the note (stamped with ‘ copy is a true copy of the original note’ ) this is what was sent to the actual lender..a true copy…not original.. I found this to be true in the case I have investigated on. Title Co, said in order to get the full records ..a subpoena froim the court will be needed…due to the privacy act. That Act is to protect the actual lender. So fraud reeked from the closing on.
It looks like Satan is continuing to try and run the show in America. God and his people will prevail. We all have to have faith and stand indivisible against these forces of evil that are trying to destroy all of us and our Country. National Soveriegnty from these luciferians for all of God’s people will prevail.
….and get organized
If the banks get away this time, its a question who’s running the county and we are doomed! Homeowners of every kind – Get off the hip and start writing a string of letters to every authority you know! We can only take back our country if we stand together and do something rather than sit around just talking. No one is safe whether you’re in foreclosure or not. This kind of behavior by the bank is most UN-AMERICAN! A ND QUITE FRANKLY, I”ve heard enough. I dare you complain and not lift a finger in protest of being bullied by the big bad banks. WE OUT NUMBER THEM YOU KNOW – GO GET “EM TIGER – FOR YOURSELVES, YOUR FAMILIES, FRIENDS & NEIGHBORS — WE CAN BEAT THIS GIANT PEOPLE! REMEMBER KING DAVID? DON’T LEAVE YOUR HO– USES – RESPOND IN WRITING TO THE CLERK OF COURT – I DON’T CARE IF IT’S ON TOILET PAPER – RESPOND AND KEEP YOUR HO– USES. DO WHAT OUR ANCESSTORS DID TO GAIN FREEDOM – TAKE A STAND TOGETHER AND SAY – “NO MORE!” DO NOT BE AFRAID – YOU GOT ‘EM ON THE ROPES! TOGETHER WE CAN DELIVER THE KNOCK-OUT PUNCH – HAVE FAITH IN GOD – WE SHALL PREVAIL! HALELUJAH!
TAKE YOUR MONEY OUT OF THE TOO BIG TO FAIL BANKS AND THEY WILL FAIL