“The lack of control over affidavits filed with the court in this case is not unlike the so-called ‘robo’ signed affidavits in the foreclosure division,” Kelley wrote. “More disturbing to the court is the fact that testimony was offered that was false and this testimony caused the court to enter an erroneous judgment which could have deprived C&E of its property.”
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I have said it before and I will say it again.
Once the courts allow fraud to be perpetrated by the banks and their minions en-mas in foreclosure cases, it will only take time until we see it infecting other areas of the law.
If it is okay in foreclosures, why not anywhere else. There are no repercussions, no punishments, and you almost always get a do-over when you get caught.
We are witnessing the breakdown of society as we know it folks.
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Lake Worth places two on leave after false testimony leads to lawsuit’s dismissal
Two Lake Worth employees – an attorney and a code enforcement secretary – were placed on administrative leave Thursday after a Palm Beach County circuit judge blasted the city for lying to the court in an attempt to foreclose on land owned by two longtime business owners.
Faced with the fraudulent documents and false testimony, Circuit Judge Glenn Kelley said he had to throw out a lawsuit the city filed to foreclose on code enforcement liens filed against C&E Holdings, a hauling business operated by two brothers on North A Street.
Citing bogus documents the city filed, he compared the city’s actions to those of unscrupulous bankers who used robo-signers to push people out of their homes unjustly, fueling the nation’s foreclosure crisis.
“The lack of control over affidavits filed with the court in this case is not unlike the so-called ‘robo’ signed affidavits in the foreclosure division,” Kelley wrote. “More disturbing to the court is the fact that testimony was offered that was false and this testimony caused the court to enter an erroneous judgment which could have deprived C&E of its property.”
Attorney John Bryan, who represented business owners Carl and Ed Deveaux, said it appears the fraud has been going on for years.
In a deposition, code enforcement secretary Dana Nichols said she never checked the accuracy of affidavits she signed that were used to justify taking people’s property for unpaid code enforcement fines. She estimated she had signed as many as 25 affidavits over eight years.
Bryan said it is likely other people lost their land based on fraudulent affidavits. “That’s the troubling part,” he said. “I can’t figure out who’s fault it is.”
Check out the rest here…
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Britain does not rent land everyone who owns a house owns the land, unlike USA any oil found on your land belongs to the state????Stinks.
The solution for the foreclosure crisis right now is in a prosecution of all those banksters who brought us here, not making a deal with the same people who are responsible for a demise of America’s homeowners!
Prosecuting Wall Street investment banks and their “geniuses” is not only a matter of democracy, but more importantly, it is about survival of America that we all love…and the only path for our kids’ future. Please read about MA Register of Deeds – the first in the nation to say NO to BofA, foreclosure fraud, MERS. We are no longer silent: http://tinyurl.com/3qsu87x
also, here is my post about our meeting with Congressman Tierney: http://tinyurl.com/6472rxo
That’s why we have to elect congressman Dr. Ron Paul for President 2012. He has been the only one consistenntly defending the Constitution in congress since he was elected. He has been trying to get the Federal Reserve audited since he was elected and he had the majority of congress supporting the bill. That is why they finally released all the numbers regarding the trillions the banks received through the bailout. He was the only one in the republican 2008 presidential debates that was speaking about the Constitution and the problems we were going to face. Go to youtube and you will hear all the neocons laughing at him back then. Everything he said has come true and now all the neocon candidates are falsely saying that they would defend the Constitution. Don’t be fooled – Romney’s healthcare is the pattern for Obama care. Bachman is a former IRS agent and requested subsidies from the government for her and her husband’s business. Gingrich is a New World Order minion. Rick Perry was trying to pass the Texas trans corridor that would connect Mexico, USA and Canada and he forced little girls to take Gardasil and most of them suffered side effects. The others are neocons as well. We have a last chance before the USA is totally destroyed.
Google Dr. Ron Paul and don’t think about his Republican label. He is a libertarian running as a republican because that is the best way to have a platform to talk to the people and inform him of the dangers we are all facing. Unless you are a member of the elite (Rockerfellers, Rothschilds, etc – very few are) you are in danger.
Corruption has been on main street for a long time already. It starts on main street. I am a victim of main street corruption and bankster corruption. And judicial corruption for both. I have been fighting for justice for the past six years now filing cases against the mayor of my small town and the codes officers. The mayor flat out lied to my husband and my face that modulars are illegal in this town. We had been working at aquiringa 23,700 square foot concrete tllt up for our day spa. We found out in 2009 that the building permit for the concrete tilt up vanished inside city hall after it was deemed a complete submittal by us. Never to surface to date. The city had us and the courts believeing the underground civil construction permit was the permit just two and a half months to late. All the other permits were held up for three months without telling us. We find now the mayor did not want such a small business in his golden triangle of business community. We are in the golden triangle of business on tir map. He wants big business with a big tax base no matter what the cost of it destroying small business. I surprized him and asked for a modular, once I knew all my permits for the big building had come to late to build the big building for now, I could build it later on, so I ordered a 7,800 square foot moduluar to be put on one of the small pad sites already approved in SEPA. The mayor, the codes officer and all the planners told us to our face modulars are illegal and unacceptable in Auburn, Wa. and we were required to write a letter requestinga temporary moduluar for only six months to a year. You can not get a loan on a temp building and it cost us $600,000.00 to move out of pocket and lost customers and lease girl in the thousands of dollars, the lease girls ammounted to over $13,500.00 a month in losses. They looked elsewhere knowing we would only be allowed to be here for six months or a year. Found out through inquirey that L&I controlled modulars, so on May 14, 2004 we called L&I and told them what was going on and that we were trying to save our small business and ask a favor of the mayor to let us stay here. They told us this is wrong, modulars are legal in Auburn and all cities in this State of Washington. They faxed the laws to us with fax dates on them. The mayor then lied on deposition that he did not have anything to do with our modular permit and that he knows modulars are legal. The city gamed the system and said we were asking for sEPA favors, only SEPA was done., We did not need SEPA favors. The whole thing turned into a fraud lie codes lies and breach of fudiciary duty, violations of the Honest services act and policy fraud discovery. I filed my case Pro Se because my first attorney whom told me he could take the case, then told me there was no case, then told me there is a case but it is a conflict of interest for him find a lawyer. I filed my case Pro se, then hired an attorney to claim the city was in default. Because I did not know how to do this. My attorney took the case on a small contingency fee of 25% because he told me I had done all the hard work, and all he had to do was wrap up the case and get the funds due me. The city had defaulted I served they city on Oct 9, 2006 and they did not answer until Mid January. The citiy was pretending they only recieved a letter wnen our personal carries had filed an affidavit of service and we had all the proof of the certified served mail as well. Justin Park the attorney we hired, told us we had an unbeatable case and he felt guilty asking us for more than twentyfive percent,
Some how I posted this without the rest of the story. Thought I had lost it. Then next this attorney sends me an amended complaint. I did not understand an amended complaint to undue the case I had filed. He made changes on it I refused to sign. I fought him for a week. i wanted him to file a default posting Mary’s signed affidavits of service I had filed with the court with the exhibits. He told me the city would get aroung the default he had a better way to wrap the case up. He took off the three planners and the mayors name and left only the city of Auburn on the front page of the complaint. [i did not understand utill 2010 that the amended complaint undid my complaint because it was not merged into mine. I thought it was a supplement to my complaint] Justin helped the city to dispose of my case and helped them by allowing the city to have the exhibiits and my case lifted without informing he did this.. He did this by submittitng a fraud amended complaint i did not sign., slipping pages out of the one I did sign a week later with the three individuals back on it. He took them off without permission and submitted the fraud case in our name. Then allowed the city to lift all my evidence out of court and allowed the city to claim they were not served until December 29, 2006, and changed my case to a flat statutes of limtiation that was timebarred by false fraud affidavitss and a fraud complaint. THen the attorney Justin Park now claims he knew the case was dead on arrival. Why would he take a case dead on arrival ? And why would he take it on a contingency? He claims he took it on a partial contingency because it was dead on arrival. I was so set up. A head of planning that was only there for the last month of my permit, was handed my case to study to testify for the city, after reading it he walked out of city hall and I got wind of it and called him and he told me he would gladly testify for me he knew what the city had done to me. Justin Park told me he had set up an appointment for his testimony. Jim later told me Justin did no such thing. Justin then told me he did not take Jims testimony because the city would never let him testify. I went in to fire Justin, asked for all my documents, he told me he had sent my case in and I could do nothing to change the evidence or the case it was to late. I asked for a copy of the computer file on the case and they gave me three other customer files and not mine. So I called the same day and asked to get mine, and was told my case had been deleted off their files and to destroy the cases I had from them. I just filed fraud upon the court and breach of fidicuary duty, and violations of The Honest Services Act” and “RICO’ against the mayor and the planners. I discovered during the U.S. Supreme court case the fraud upon the court proof. I had over looked in my mass evidence and case files. With the fax dates of the amended complaints and false claims by the city. A friend attorney went over the information with me and told me what they did and how and that I was not only screwed by the city but by my own attorney. Fraud is rampunt from Main street to the white house.And in the courts. Judge Pechman saw the filed served documents by Mary Hutchinson, then excepts the fraud claims by the city they had not been served and she allowed the city to remove my case and exhibits of proof. All officers of the court are to be competent to see fraud and turn it in. The average person does not have a chance against these criminals. I have had to self educate myself and fight for my rights Pro Se. They have creamed me. I have testimoney from planners now I depositioned that prove I tell the truth and a finacncial department exemploy that tells the city paid unethical long term servernce pay to the planners that were involved in my permit process that walked out suddenly all at once when I filed my first law suit. With all this I dont have any faith in the justice system to win this case, but I am going to put up a good fight.
Shelly….How did you ever survive that….I would have been a raging female tiger….in fact..I would still be raging and shaking the bars that lock me in…LOL ..and you fought this all by yourself ? One can understand why you lost faith in the justice system…there was none. Question…are you in foreclosure too? If so….I must say you are a strong person …a real fighter. I sure hope your lawsuit proves to be in your favor…out of all bad comes some good…..just keep thinking positive….
Fraud and corruption starts at the top and has a criminogenic effect on society as Professor William Black stated on Max Keiser last week….This plan was devised and implemeted at the top by the ruling elite, their cohorts and minions and they created this PONZI SCHEME FRAUD MONSTER…The result of what they did is trickle up poverty and it is coming there way, that is unavoidable.They are now implementing trickle down fascism and strategic class warfare to try and cover for all of the missing money they have stolen and they are still stealing it everyday on Wall Street….Nye Lavelle reported the banks were overleveraged by 30:1 creating all of this debt by multiple pledging notes and they have created 40 trillion dollars of unsustainable debt backed by 8 trillion dollars in home value…Because of the ruling elites evil plan to destroy personal wealth for MAINSTREET as well as National Sovereignty by using their perps as agents they have created unsustainable debt that can never be repaid and now they are going to have to EAT IT….MAINSTREET continues to be robbed, raped and pillaged in order for these criminals to keep this illegal Ponzi Scheme rolling and MAINSTREET cannot afford to pay for their crimes any longer…and the U.S. Government must now hold them accountable……
These crooks are also keeping the Ponzi Scheme going to pay for all of their fraud and interest in the shit loan pools they created and sold to investors around the globe and in this country…as AAA. those certificates and bonds are backed by zero,ziltch, nada..The Ponzi Schemers are also paying their criminal friends, our enemies around the globe, with the money they are getting from people who are still paying the mortgage…via the U.S. Treasury and the Federal Reserve.
When the banks submit fraudulent documents and the courts are made aware of this during the hearings by the unquestionable evidence of the opposing parties, then the judges should rule by law and dismiss the cases and implement criminal and civil charges against the banks. This happens when the judges have already made their “backroom deals” and allow the banks to go back home and come up with another idea and set of documents that they may “squeeze” under the legal radar !!!!!!!!!
The US Supreme Court has ruled so many times that fraud is fraud wherever it is found.
“Contract can be avoided if it was induced by fraud, duress or misrepresentation,…[Goldman vs Bequai…19F3d 666 (D.C. Cir. 1994)
The law leaves wrongdoers where it finds them…Section 50,51, & 52 of AM JUR 2nd …
If the Plaintiff is not the “holder in due course” of this alleged claim, then the Plaintiff must have “securitized you promissory not/mortgage and sold it to some other bank. If the Plaintiff did sell this asset tht the Defendant provided without Defendant’s consent, then this would/could be considered “money laundering” under the RICO racketeering statutes of law….
If the Plaintiff has sold your promissory note/mortgage then the Plaintiff would be forced to either re-purchase this already sold note or attempt to file fraudulent affidavits of a loss of such documents to the court in an attempt to “re-establish” another “second deed” for this same property, which is as ANYONE [especially a judge] would know would be FRAUD…..
Judge must be fair to all parties and may not do or say anything that might prejudice either litigant …[U.S. vs Price..13 F.3d 711 (3rd Cir. 1994)
The elements of fraud consist of false representation in reference to a material fact made with knowledge of its falsity and with the intent ot deceive with action taken in reliancew upon the representation, [Hart vs McLucas, 535 F.2d 516 519 (9th Cir 1976) (citing Pence vs United States, 316 U.S. 332, 338 (1942)
A “Civil Conspiracy” is an agreement between two or more people to participate in an unlawful act or a lawful act in an unlawful manner….[Hobson vs Wilson, 737 F2d 1 (D,C. Cir. 1984)
No man is this coutry is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All ther officer of the government from the highest to the lowest, are cratures of the law, and are bound to obey it. [Butz vs Economou, 98 S, Ct. 2894 (1978); United States vs Lee, 106 U.S. at 220, 1 S.Ct. at 261 (1882)
A friend of mine who is also in fraudclosure suggested that if everyone is corrupt or working as an agent for the enemy, either because of an Unconstitutional conflict of interest or for whatever reason,. from the judges to the attorneys and the enitire political and criminal justice system is this corrupt and worthless, maybe the only answer is we should all just hire assassins…..
Nye Lavalle reported that there is uh, 40 trillion in debt because of the ruling elites Ponzi Scheme and about 8 trilllion in collateral to back up that debt….Foreclosing on every house in America is not going to sustain the unsustainable….Time for the U.S. Congress to institute a plan to forgive all of this bad mortgage paper and stop kicking the can down the road and recycling old debt..There are not enough jobs or enough collateral to ever repay the fake debt the Ponzi Schemers speculated by pledging multiple notes on each loan…..The crooks who created this mess should be forced to EAT ALL OF THEIR FRAUD…….AND GO TO PRISON….There needs be a day of reckoning for these crooks and restitution for the people on Mainstreet who are the only real victims here…..The judges must realize that taking every ones home is not going to save their investments or their retirement money…The banks were overleveraged by 30:1 and there is not enough wealth on the planet to sustain that..and the economy is rapidly deteriorating because that debt is FAKE AND CAN NEVER BE REPAYED….THE U.S. GOVERNMENT MUST FORCE THE PONZI SCHEMERS TO OPEN UP THE BOOKS, THERE IS WHERE THE TRUTH LIES, THEY FRAUDSTERS ARE ENORMOUSLY OVERLEVERAGED, TO THIS DAY AND INSOLVENT…….
The Criminals are in control. It is impossible to bring charges against them. The ‘little fish’ are prosecuted. The big fish are protected by a massive ‘UNSEEN HAND’ operating at every level of the judicial system, local, state and federal.
Oh Yeah SoSo?????? Maybe the remedy for all of the PONZI SCHEMERS POISON when the people really get pissed off will be simple, for all of these crooks to meet a secret assassins bullet.
So So, the crooks haven’t met the unseen hand of MAINSTREET yet. It is coming soon…
Ivent, This ‘unseen hand’ is more like a matrix. It is intertwined within all facets of the Judaical system. From Court clerks to Superior Court Judges. To lawyers. It is of unspeakable horror. Lawyers are fearful of it, and will not EVER go against it. Otherwise highly ethical lawyers sell out their own clients, out of more fear then greed. This is not hypothetical talk. This is real.
I vent….I have to agree…I sense something happening soon….this not only involves the foreclosures…but also all those without jobs for many years now and may never have owned a home….but the lack of money will drive people to go on a rampage….the anger of pensions lost…it all comes to a boiling point…..it was and is bound to happen….to be told over and over the hugh profit and bonus the bastards are getting does not set well with all who have lost everything….our tax dollars given to the criminals when in fact they did not need the bailouts…trillions….just given with no real proof it was needed….yet Obama said no increase for social security for past 3 years cause it was not needed….excuse me….I think I am going to get sick…and I don’t want to do it on my key board.
Criminal charges should be filed and the criminals should be in Jail.
Fraud doesn’t breed fraud. The fraud is actually in the refusal of the criminal and civil justice system to prosecute fraud. It is the JUDICIAL SYSTEM COMMITTING FRAUD. Those who are violating the law KNOW the are IMMUNE BEFORE THE FACT! Its ORGANIZED CRIME. No more no less. THERE IS NO MORE LAW! ITS NOT INJUSTICE, ITS NO JUSTICE AT ALL!
And how about the following as a prime ingredient in turning things around:
When a Court perceives fraud or duress, dismissal is with prejudice (Plaintiff cannot come back).
This could cause a big change.
The number of valid foreclosure cases that would be dismissed with finality is a sliver’s sliver compared to so many invalid foreclosures which could be put to rest and homeowners stay in their homes.
What do you think?
As I see it, the only way to solve the problem is to set up a trust, put all foreclosures in the trust. Resell the foreclosed houses, giving absolute priority to those who can pay on their mortgage once financed at current valuation. The foreclosed value is typically far below market value. Thus, resell/finance the house at a higher price then the cost of foreclosure purchase by the trust. The trust makes a profit. This is being done in a North Eastern city. and apparently working very well
SoSo, that idea is sounds like a CONTINUATION of the same Ponzi Scheme..Resell UNSUSTAINABLE debt? The Federal Reserve is already doing that. That is why we have economic stagflation…The only answer to this problem because of all of the massive fraud is for the pretender lenders to rescind the FRAUDULENT mortgage loans because of all of their dirty dealings that set this country up to fail and created 40 TRILLION DOLLARS IN UNSUSTAINABLE DEBT WITH ONLY 8 TRILLION IN MORTGAGE ASSETS TO BACK THAT…….THERE ARE NOT ENOUGH HOMES TO SELL TO COVER THAT UNSUSTAINABLE DEBT….THIS WAS AN EVIL HITLER PLAN BY THE RULING ELITE TO DESTROY AMERICA FROM WITHIN AND STEAL EVERYTHING FROM THE PEOPLE….NOW THESE CRIMINALS MUST PAY FOR ALL OF THEIR FRAUD AND EAT ALL OF THE BAD PAPER THEY CREATED VIA VARIOUS PREDATORY LENDING PRACTICES AND ASSUMING TOO MUCH RISK WITH NO COLLATERAL TO BACK THAT UP………There are who knows how many MULTIPLE PLEDGED NOTES OUT THERE……..WHERE IS THAT MONEY SUPPOSED TO COME FROM FOR THE CROOKS TO COVER THEIR ASSES???????????????? You should read Nye Lavelle’s report before you try to come up with a fix for all of the banksters fraud…..THERE IS NO FIXING THIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SoSo, the crooks have already illegally reconveryed all of the crap loan pools into a Global Trust…..You need to do your homework….You don’t get what this is at all!!!!!!! This is a New World Horder Global Plan to destroy ownership of anything of value by the people and make us a nation of renters……..WAKE UP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SoSo, We The People are at war with the Plutocrats and the Oligarchs of the New World Horder for our freedom and our National Sovereignty…..The only thing standing between us and the New World Horder taking America over without firing a shot is the U.S. Constitution and they are working hard to destroy that…….We could be just one manufactured disaster away from a complete loss of our country….!!!!!!!
Ivent, Are you saying that we are going to have a system like Britian and CANADA? Where the people RENT the land? Their houses are built on RENTED LAND. Its like a mobile home park. You rent the land and build the house on it, but never own the land.
Ivent, I know individuals who had the misfortune to have been related to a fraudster who stole his ex-wifes ID and is apparently deeply involved in mortgage fraud. He is in this matrix, and it became a nightmare of nightmares resulting in the divorce of the ex-wife and her 2nd husband of 16 years. She ended up having a breakdown. It is a shocking and true story of how perverse and invasive this matrix can be. The documentation and the time line graphs out the nature and reach of this ‘network’. In providing ‘proactive protection’. This guys attorney laid out a road map of his ‘network’. Once the tip of the network was revealed, the aggressive campaign to conceal it was initiated. This ‘lawyer’ exposed how deep and wide it goes, when clerks, judges and attorneys, began committing open fraud. This is a Shakespearian tragedy for real. Even the couples Senator betrayed them, when they provided his office the documentation, and pleaded for help. It has been many months since communicating with this fine man, who dared to attempt to protect his wife and marriage (and property) from this syndicate. His ‘situation’ is well known amongst many. The ID theft was being covered up by ongoing ID theft. The means the ex used to steal the ID’s, was being employed to cover up the theft. This is ongoing. The 2nd husband never could get help, as he was forced to watch helplessly as his wifes ex (of nearly 20 years!) ID was manipulated (on credit reports etc). Background searches showed a multitude of ID’s on the wife, all of which indicated multiple dates of birth, and her 1st ex’s name connected to his name via her social security number. The 1’st ex’s name began to show up on mailing to the house of the 2nd husband almost 15 years after the 1st husband divorced his ex wife. The 1st husbands name was the OWNER on the databases, and the primary resident, married to the 1st wife with his name at the 2nd husbands house. The 2nd husband was ERASED! and the 1st husband had taken over his identity as his wifes husband and the owner of his house. EXCEPT AT THE COURTHO– USE!, where the house title was clean. This is where the real grit began to get real dirty! How could this guy have taken over the ownership of the 2nd husbands house, and it not be reflected in the title records? The second husband (now 2nd ex) has feared for his life for a long time. For good reason. The cover up has reached the credit reports and even Internet databases that are now being manipulated to conceal what was done. Court records were altered. All this is apparently do to his mortgage fraud racket and those involved with the matrix, and their elaborate ‘COVER UP NETWORK’ This network apparently is involved in other then mortgage fraud. I hope this guy is OK.
SOSO….You and everyone else in this country will own nothing…get that…nothing. No one will own a house….there will be only renters. We are the slaves and the enemy…. we will all have chips injected in the hand…chips with a number. A control system. FEMA camps are set up…THIS is why we must fight the good fight NOW….the terrorists are right here in America…out in the open….they have been here for many years….treason and tyranny reek throughout the government…be it Federal, State or Local…..the picture is big but all connected. It’s like ‘ follow the dots ‘ when you follow the dots the picture comes into focus. I vent is a very smart person…listen to what is said and you will soon grasp what and why all this has happened…Just read all comments again….ask if you need any help….there is so much and it can get confusing…..
Mario… You said it all in one sentence….prison….150 years…..no jury either..just a short hearing…isn’t that what the homeowners got ? In 5 minutes rubber stamped with the words PRISON….with no appeals.
You’re correct Marilyn. Interestingly, the individual I speak of, the guy who committed the ID theft upon this guys and his wife and property, works for the government. I am told that many years ago (1997?) his younger son told his step father (the 2nd husband) that his father (1st husband) was a General in FEMA, a military commander, and that he told his son that there were going to be a war with masses of people sent to FEMA camps, etc. The kid asked the step father what he thought about this. The step father only could tell him that he needs to ask his father to explain it, as his father, though he worked for the VA, never served in the military. Nothing else was ever said, although the step father did have a sense of ‘dread’ overcome him for a moment. There had already been problems with the ex that were not normal regarding child support issues, lawyers, etc. But, this comment was left to be innocent talk, then, but now?…….in hindsight?…………. Its all a nightmare. His ex wife, a good women driven insane by the ‘double messages’ and pure craziness of it all. I feel for my buddy. (the 2nd husband). As crazy as this sounds, its 100% fact.