The Florida Fair Foreclosure Act
If this bill passes, there will be no more defense of foreclosure in Florida.
I could just feel that something like this was brewing and that’s a big part of the reason why I’m running for the Florida House of Representatives and why I’m asking for all of you to join together and run with me!
This is homegrown, grassroots democracy. This is you taking back your country.
Here we go again…
For the last few years we have battled these bills and have defeated them.
This one is back, and it is back on steroids. Fortunately, we got our hands on it early to start campaigning against it before it even gets introduced.
I have a feeling on who wrote this bill but will not release the name until verified. It is eerily similar from a bill introduced last year and the author of this bill left behind a clue in the properties of the document so I am fairly certain on who it is… Once confirmed we weill know where to focus our efforts.
Florida has helped shut down other attempts to change the rules of fraudclosure across the country, now Florida needs the country to help shut the Florida Foreclosure Fraud Foregiveness Act of 2012 down.
So stay tuned, there will be more to come…
Great work by Matt Weidner for exposing their bill early…
The banksters are in trouble. Big trouble.
They have made a crime scene of our nation’s formerly sacred public records.
They have blatantly and without remorse ignored hundreds of years of real property law.
They have blatantly and without remorse ignored and disregarded fundamental and Constitutional law that form the very foundation of our entire country.
They have blatantly and without remorse disregarded rules and procedures that have governed and kept secure the court systems all across this entire country.
And now they want a free pass. They want to just walk away from it all.
They have introduced souped up version of the prior (and very ugly) non judicial foreclosure bill. Make no mistake this is one of the ugliest, most anti-consumer pieces of legislation ever introduced in this state.
This is the Bad, Bad Bankster Fraud Forgiveness Act of 2012!
Have a read at some of the lowlights!
- Once suit has been filed, the public interest is served by moving foreclosure cases to final resolution expeditiously in order to get real property back into the streamof commerce… (NO FOLKS, ONCE A SUIT HAS BEEN FILED OUR COURTS SHOULD BE FOC– USED ON UPHOLDING HUNDREDS OF YEARS OF LAW)
- Section 57.105, Florida Statutes, (Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee) is repealed. (THE FRAUDCLOSING PLAINTIFFS ARE PAYING ATTORNEYS FEES FOR IMPROPER CONDUCT, THIS WOULD PROTECT THEM FROM PAYING FOR THEIR IMPROPER CONDUCT.)
- Following dismissal of the foreclosure case, and upon request of the plaintiff, the clerk may return the original promissory note without need for further order of the court. (WHY, SO THE NOTE CAN BE SOLD TO A ZOMBIE DEBT COLLECTOR?)
- In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property. (THIS IS A BIGGIE PEOPLE, THIS IS THE REAL BIG ONE HERE, THE GET OUT OF JAIL FREE CARD!)
- After foreclosure of a mortgage based upon the enforcement of a lost, destroyed or stolen note, a person, not party to the underlying foreclosure action, who claims to be the Actual holder of the promissory note secured by the foreclosed mortgage, shall have no claim against the foreclosed property after it has been conveyed for valuable consideration to a person not affiliated with the foreclosing lender. (ANOTHER RED ALERT BIGGIE HERE, A TOTAL REWRITE OF EXISTING LAW)
- In uncontested mortgage foreclosure proceedings, the court shall enter final judgment within 45 90 days from the date 0of the close of pleadings. (GOTCHA!)
- Where the amount of principal and interest, exclusive of fees and costs, owed to a foreclosing lender equals or exceeds 120% of the just value of the property subject toforeclosure, as determined by the county property appraiser in the most recent certified tax roll, the foreclosing lender may elect to foreclose without a judicial sale of the property. (THIS HERE IS THE REAL THING, GOTCHA!, GOTCHA!, GOTCHA! WE DON’T NEED NO STINKIN’ JUDGES OR COURTS OR DUE PROCESS!)
- In any mortgage foreclosure action, upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney. (REMEMBER ABOVE WHEN THEY ELIMINATED THEIR OWN LIABILITY FOR ATTORNEY’S FEES IF THEY WERE CAUGHT? WELL, THEY ADDED FEES AGAINST DEFENDANTS. THIS PUNITIVE SECTION WILL PREVENT ANY CONSUMER FROM HAVING ANY ATTORNEY REPRESENT HIM IN COURT.)
More from Matt here…
Full Bill text below…