Comments on: FL 4th DCA | Valencia v. Deutsche – Summary Judgment Reversed

By: lizinsarasota

lizinsarasota — Fri, 24 Jun 2011 14:52:19 +0000

This is not as significant as I thought, since summary judgment was not granted until 2009, and the appeal was timely within the original case. The main issue turned out to be that the bank sent out a default letter in late ’03, the owners cured the default, the owners defaulted again some months later, and the bank did not send out a second default letter. This issue was raised as an affirmative defense, and the bank then submitted two letters that they thought could have been sent out to the owners, but, as it turned out, neither letter was the actual letter the owners received. The bank never maintained that one of the letters they submitted was definitely the letter, so the issue of fraud is squishy at best.
So, this decision begs the ultimate question: what are the courts going to do about “stale” summary judgments which had, as their foundation, fraudulent affidavits, fraudulent notary stamps, and other phony, trumped up documents? How can courts continue to uphold summary judgments based on fraud on the court???

By: incognito123

incognito123 — Fri, 24 Jun 2011 13:56:32 +0000

In reply to housemanrob. Scotty, like Houseman said, they do NOT know who owns it because of MERS. MERS deliberately has destroyed probably 60-80 millions property records, and yours is one of them. No need to go further, but, for argument sake only, IF fannie says they own it, where is the assignment to them? Why does SunTrust claim to own it? WHERE is the COMPLETE chain of custody and FULL ACCOUNTING (they will never produce either, they don't know chain, and accounting will show the fraud). Another thing to consider - look to see if you can find fannie or freddie suing anyone. I have not, and think about the reasoning. It is interesting if you think about it! In theory, who owns fannie & freddie, and then who owns that entity. interesting thought there, huh?

By: Scotty Simpson

Scotty Simpson — Fri, 24 Jun 2011 13:43:00 +0000

In reply to Readdocs. Our Home Town Bank RCB Pioneer transferred out mortgage to MERS on April 20th, 2007, in july 2007, we started to pay Sun Trust Mortgage and then we fell behind in March of 2011, and on May 5th 20011 and a Law Firm from Oklahoma City sentd a 30 day notice to wrtie them and see if we can work thing out, on May 10, 2011 MERS assigned our mortgage to Sun Trust Mortgage, on June 1st, 2011 we sent the Law Firm 3 copies of the same letter in different envelopes requesting their help in keeping our home, then on June 2nd, 2011 the law firm filed a foreclosure on us in Kay County Court, not even waiting the 30 days given to us in their letter. The Law Firm filed with the summons a copy of the original note that our home Town Bank "without recource, pay to the order of Sun Trust Mortage, Inc." and signed by Pioneer and Trust, Carol L. Jeffries, Vice President, not dated or notarized. We have letters from Fannie Mae that state they are the owner of our mortgage. IS THE CHAIN OF TITLE BROKEN HERE?

By: Readdocs

Readdocs — Fri, 24 Jun 2011 06:46:48 +0000

In reply to Readdocs.

I’m surprised with all of the fraud now exploding in the public, that investors are
not flocking into court suing the pants off of the entities who talked them into
investing into securitized mortgages.

By: lies all of nit

lies all of nit — Fri, 24 Jun 2011 04:58:35 +0000

@redocs actually the where the note needs to move out it is beyond the note……the servicers did not loan the money. investors funded the loans. the true investor needed to be on the notes and mortgages to make all notes and mortgages valid. we need to move towards exposing the fraud. the note only proves who’s name is on the note and mortgage it does not show who actually funded the mortgages. the problem is the investors were given different docs then you and me. the docs they were given included them on the docs the notes and mortgages. ours did not. also the lax underwriting because they did not loan the money caused the lending of money based on appraisal fraud. please post below. for us to win this war people we all have to be on the same page fighting the same war. if we have some fighting wheres the note then some of us argue appraisal fraud, and then some of us argue closing fraud that our docs are fraudulent whom are they going to beleive please the same page. we need to win. these homes are not their homes to take

http://stopforeclosurefraud.com/2011/06/22/read-letter-from-representative-elijah-e-cummings-to-darrell-e-issa-re-foreclosure-fraud-subpoenas/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ForeclosureFraudByDinsfla+%28FORECLOSURE+FRAUD+|+by+DinSFLA%29&utm_content=Yahoo%21+Mail

https://4closurefraud.org/2011/06/23/speech-by-sec-chairman-mary-l-schapiro-remarks-before-the-american-securitization-forum-2011-annual-meeting/

By: lies all of nit

lies all of nit — Fri, 24 Jun 2011 04:50:00 +0000

In reply to Readdocs.

By: Readdocs

Readdocs — Fri, 24 Jun 2011 04:09:58 +0000

In reply to Scotty Simpson.

Take them to court, who are trying to foreclose, and show the original wet ink note.
Have the court order it, and then have the note, if they have possession, tested to
insure it’s authentic.
If the entity trying to foreclose does not have the original wet ink note then the court
should find them as having no standing as they have no interest.
There are several posters who are pretty adept in their advice and experiences that
may be able to give you some of the details they’ve learned or used. Such as
Tim Bryant.

By: Lie all of it

Lie all of it — Fri, 24 Jun 2011 00:46:24 +0000

so let me get a show of hands. What happens when you call the bank because you are having difficulty paying your mortgage and the bank (for me wells fargo) tells u 2 stop paying. You have to be in eminent default before we can help you. Then they accept ur hamp app move ur file out of review for some unknown reason then the lose a fed ex file with all ur financial info then lie tothe fla ag, occ, and the senator richard nugent that the file was never moved and my fed ex apckage was never lost. Question raise ur hand am i still in default. Well i do not think so and that is what the judge will hear. My default letter is sitting amongst my other wells fargo liar letters. No one who is told to default is in default. So please america lets get the ball rolling here we need a national foreclosure mortitorium

By: lizinsarasota

lizinsarasota — Fri, 24 Jun 2011 00:38:27 +0000

Hang on a second. Why has it taken all this time for this appeal to be decided? What about time limits? What’s going on here?

By: Scotty Simpson

Scotty Simpson — Thu, 23 Jun 2011 23:39:50 +0000

In reply to housemanrob. Even Fannie Mae has sent us letters stating that they owned our mortgage..Does this break the CHAIN OF TITLE?