Bobbi Swann says:
Here’s my email that I sent to all reps in the house: (Oh and a copy to Ms. Kathleen)
~
joseph.abruzzo@myfloridahouse.gov; janet.adkins@myfloridahouse.gov; ben.albritton@myfloridahouse.gov; lawrence.ahern@myfloridahouse.gov; frank.artiles@myfloridahouse.gov; gary.aubuchon@myfloridahouse.gov; dennis.baxley@myfloridahouse.gov; rich.glorioso@myfloridahouse.gov; lori.berman@myfloridahouse.gov; mack.bernard@myfloridahouse.gov; michael.belica@myfloridahouse.gov; esteban.bovo@myfloridahouse.gov; jim.boyd@myfloridahouse.gov; jeff.brandes@myfloridahouse.gov; oscar.braynon@myfloridahouse.gov; jason.brodeur@myfloridahouse.gov; doug.broxson@myfloridahouse.gov; dwight.bullard@myfloridahouse.gov; eddy.gonzalez@myfloridahouse.gov; rachel.burgin@myfloridahouse.gov; matt.caldwell@myfloridahouse.gov; luis.garcia@myfloridahouse.gov; joe.gibbons@myfloridahouse.gov; james.grant@myfloridahouse.gov; denise.grimsley@myfloridahouse.gov; bill.hager@myfloridahouse.gov; gayle.harrell@myfloridahouse.gov; shawn.harrison@myfloridahouse.gov; doug.holder@myfloridahouse.gov; ed.hooper@myfloridahouse.gov; mike.horner@myfloridahouse.gov; matt.hudson@myfloridahouse.gov; dorothy.hukill@myfloridahouse.gov; scott.plakon@myfloridahouse.gov; john.julien@myfloridahouse.gov; clay.ingram@myfloridahouse.gov; evan.jenne@myfloridahouse.gov; mia.jones@myfloridahouse.gov; martin.kiar@myfloridahouse.gov; elizabeth.porter@myfloridahouse.gov; ari.porth@myfloridahouse.gov; steve.precourt@myfloridahouse.gov; bill.proctor@myfloridahouse.gov; scott.randolph@myfloridahouse.gov; lake.ray@myfloridahouse.gov; betty.reed@myfloridahouse.gov; michelle.rehwinkel@myfloridahouse.gov; ronald.renuart@myfloridahouse.gov; ken.roberson@myfloridahouse.gov; hazelle.rogers@myfloridahouse.gov; pat.rooney@myfloridahouse.gov; darryl.rouson@myfloridahouse.gov; franklin.sands@myfloridahouse.gov; ron.saunders@myfloridahouse.gov; robert.schenck@myfloridahouse.gov; elaine.schwartz@myfloridahouse.gov; irving.slosbert@myfloridahouse.gov; jimmie.smith@myfloridahouse.gov; daphne.campbell@myfloridahouse.gov; dean.cannon@myfloridahouse.gov; charles.chestnut@myfloridahouse.gov; gwyndolen.clarke-reed@myfloridahouse.gov; jeff.clemens@myfloridahouse.gov; marti.coley@myfloridahouse.gov; richard.corcoran@myfloridahouse.gov; fred.costello@myfloridahouse.gov; steve.crisafulli@myfloridahouse.gov; janet.cruz@myfloridahouse.gov; daniel.davis@myfloridahouse.gov; jose.diaz@myfloridahouse.gov; chris.dorworth@myfloridahouse.gov; brad.drake@myfloridahouse.gov; eric.eisnaugle@myfloridahouse.gov; clay.ford@myfloridahouse.gov; erik.fresen@myfloridahouse.gov; james.frishe@myfloridahouse.gov; reggie.fullwood@myfloridahouse.gov; matt.gaetz@myfloridahouse.gov; paige.kreegel@myfloridahouse.gov; rick.kriseman@myfloridahouse.gov; john.legg@myfloridahouse.gov; ana.logan@myfloridahouse.gov; carlos.lopez-cantera@myfloridahouse.gov; debbie.mayfield@myfloridahouse.gov; charles.mcburney@myfloridahouse.gov; seth.mckeel@myfloridahouse.gov; larry.metz@myfloridahouse.gov; george.moraitis@myfloridahouse.gov; peter.nehr@myfloridahouse.gov; bryan.nelson@myfloridahouse.gov; jeanette.nunez@myfloridahouse.gov; marlene.otoole@myfloridahouse.gov; mark.pafford@myfloridahouse.gov; jimmy.patronis@myfloridahouse.gov; steve.perman@myfloridahouse.gov; keith.perry@myfloridahouse.gov; ray.pilon@myfloridahouse.gov; william.snyder@myfloridahouse.gov; darren.soto@myfloridahouse.gov; cynthia.stafford@myfloridahouse.gov; kelli.stargel@myfloridahouse.gov; richard.steinberg@myfloridahouse.gov; greg.steube@myfloridahouse.gov; dwayne.taylor@myfloridahouse.gov; geraldine.thompson@myfloridahouse.gov; perry.thurston@myfloridahouse.gov; john.tobia@myfloridahouse.gov; carlos.trujillo@myfloridahouse.gov; charles.vanzant@myfloridahouse.gov; jim.waldman@myfloridahouse.gov; will.weatherford@myfloridahouse.gov; mike.weinstein@myfloridahouse.gov; alan.williams@myfloridahouse.gov; trudi.williams@myfloridahouse.gov; john.wood@myfloridahouse.gov; ritch.workman@myfloridahouse.gov; dana.young@myfloridahouse.gov
To All Members of the Florida House of Representatives:
First of all let me state that I am a Florida resident of over 33 years, a registered voter, self-employed and a homeowner. I am also fighting not one, but two foreclosures currently on my own residence and that of my daughter’s residence of which I am on title.
The above mentioned Act, which is being presented by Kathleen Passidomo, is without a doubt intended to bypass the Due Process of Law. While some parts of it have some merit other parts are left to interpretation and that leads to injustice for the people of the state of Florida. Far too long the courts have been clogged with the foreclosures as far back as 2006; however, this clog in the line was predicated upon by the manufacturing of fraudulent documents served upon the court system by the plaintiffs. Investigations led by the Attorney’s General office has already concluded this fact and in some cases have already made settlements with certain law firms that were associated with this fraudulent activity. Plaintiffs that cannot provide proof of ownership of a mortgage or a note under Florida Statutes must not be allowed to foreclose and this goes much deeper than the court system. Our court system is broken and plagued with forgeries, fraud, non-compliance with the laws and to wit go without any prosecution of such criminal activity against those who perpetrated such acts. Countless times foreclosures have been filed by multiple plaintiffs against one property all claiming to have ownership and all the while documents have been presented and accepted by the courts as being valid.
Homes, not abandoned, have been broken into and property has been disposed; process servers are falsifying testimony as to the delivery of foreclosure notices; foreclosures filed on properties that have no mortgage whatsoever; properties which have been foreclosed and sold to other parties only to find that another party was the actual owner of the mortgage and payment of that mortgage was never rendered; chain of title on properties that have been forever broken. I could list more of the tragedies of this crisis but time permitting I want to get to the real point of this act coming before the House.
The author of this bill is one who professes to be representative of the people of her district, when she has looked to none other than the attorneys representing the banks who continue to commit these acts of fraud upon the courts to assist her in the composition of this bill. Her ‘panel’ of experts to assist her in this quest is looking out, not for the consumers or the residents of this state, but for the banks who have brought upon this state and this country a ponzi scheme of greed and lust. Cutting corners and depriving the state of filing fees and creating a massive recording system of MERS to circumvent the land system is an outrage. Let’s also discuss her public voicing on help from the banks or lenders. She talks of modifications and the insistence of people in trouble not opening their mail and responding to the lenders when financial troubles are on the horizon. Let me make it perfectly clear that the citizens of this state are not ignorant people – they have just been fed so much propaganda and misled by the banks/lenders, media and the government that they are now educating themselves to a higher standard of education. People were duped by the lenders to “miss” payments in order to qualify for a modification and told to ignore letters in the mail. I know this for a fact since my own lender did the exact thing. However, since my career has been in lending I was aware of the consequence of such an action and the result and direction that the lender was moving towards and I contacted a government agency to intervene. Lenders do not want modifications and that has been made perfectly clear with past programs instituted by the federal government that have miserably failed. They failed not because the consumers did not want them; they failed because it was more profitable for the banks/lenders to continue on the path of foreclosure and gaining more and more of the wealth and power of this country.
I am attaching a link to a video below of the author of this bill and in the hopes that you will glean the same conclusion as I and thousands of other residents of this state have concluded – this woman is totally clueless as to what is really happening in this crisis. The mere fact that she made a previous statement with regards to an 11 year old girl deserving to be raped by 18 men simply because of the way she was dressed and all the while blaming the parents to allow such a child to dress that way is beyond all comprehension!!! The fact is that the banks/lenders have been raping the American public for years and it has become more prolific and out in the open now with the massive bursting of property values.
If all of you indeed are elected to represent the people of your districts you will negate this act altogether. It only profits the banks further and erodes the broken system as it stands. Yes, we need legislation to help correct the problem but that legislation needs to start where the problem lies – and that would be with the court system serving justice in accordance with Florida Statutes. Serving justice would mean criminal charges and not just fines that serve no other purpose other than filling the pockets of the undeserved.
We have, according to several polls, been designated as one of the top five states in corruption, we are at the bottom of the 50 state list for education, we are in the top 11 for unemployment rank and overall healthcare we are in the 40% range nationwide. With this in mind who would want to move or live in Florida? And you should ask yourselves that question because as population deceases so does the need for representation.
Elections are coming upon us fast. I am therefore, hopeful for this state that all of you will reject this bill/act and move forward and towards the right direction in a resolve that is beneficial to those whom you represent – the people of the state of Florida.
Thank you.
~
I encourage EVERYONE to do the same…
~
Fellow bloggers: Here’s the response I got from Ms. Passidomo (and mind you, the response here was rec’d 35 minutes after I sent the email). You can obviously see that this is a “form letter” response from one of her staffers. Read for yourself and read between the lines:
Thank you for your email. As you may know, SW Florida has been devastated by the huge numbers of foreclosures filed over the past several years. In 2008, as a response to the problem I formed the Collier County Foreclosure Task force with Jeffrey Ahrens who is the Executive Director of the Legal Aid Service of Collier County, Our task force has taken a holistic approach to the problem that has been of great benefit to people in our community who are facing foreclosure or who have been foreclosed upon. Our first goal was to help people stay in their homes by working with them and their lenders (through pro-bono attorneys and HUD certified credit counselors) and if that was not an option, giving them advice and counsel on (to quote my co-founder Jeff Ahrens) how to “depart with dignity” (particularly to avoid deficiencies and negative impacts on their neighborhoods from abandoned homes, etc. ). You may want to look at the website we created. (www.foreclosuretaskforce.blogspot.com). (It’s a bit out of date since we haven’t been meeting this summer as I have been involved in the redistricting meetings around the state).
The bill that I intend to file is one that was originally generated in the Foreclosure Task Force last session but it needed a lot of work so I didn’t pursue it at that time. Part of the problem is that the statutory provisions pertaining to foreclosures are spread out throughout the statutes without an apparent connection. After session ended this year I began meeting with a small committee of attorneys in the Real Property Section of the Florida Bar to come up with a bill that we feel is fair, practical and workable. We have worked all summer on the bill, drafting our own language. This is not a bill drafted by lobbyists or any special interest group. Once we had a rough draft created we provided copies to pretty much anyone who was interested in reviewing the proposed language (including attorneys for borrowers, HOA’s, lenders, transactional attorneys, etc) and have received hundreds of emails with constructive comments which we are in the process of working our way through to come up with a product that we think will work. (We have also received a number of not-so-constructive emails who it appears didn’t take the time to review the draft bill). Contrary to what the blogs say, it is NOT a non-judicial foreclosure bill.
We expect to come up with a final draft in the next few weeks and I intend to file it shortly thereafter. I hope you will continue to follow the issue. Thank you for your interest.
Representative Kathleen Passidomo
District 76-Naples, FL
District Office:
3299 Tamiami Trail East, Suite 304
Naples, FL 34112
Phone: 239-417-6200
Fax: 239-417-6204
Capital Office:
1003 The Capital
402 South Monroe Street
Tallahassee, FL 32399
Phone: 850-488-4487
Legislative Assistant: Jacob Pewitt
Director of District Affairs: Kevin Comerer
Right on Bobbi and Shelley!……This is OUR COUNTRY,, our forefathers, our ancestors and ALL OF US DOWN HERE ON MAINSTREET built this great land with our own blood, sweat and tears and the U.S. GOVERNMENT WANTS TO ALLOW THE RULING ELITE TO STEAL EVERYTHING FROM THE AMERICAN PEOPLE??? THE U.S. GOVERNMENT ACTS AS IF MAINSTREET HAS NO VALUE….THIS IS AN ATTEMPT TO BURN DOWN ALL OF THE TBTF FRAUD AND STEAL OUR HOMES!!!!!!! THIS FORECLOSUREGATE BILL IS A DISGRACE AND AN ACT OF TREASON AGAINST WE THE PEOPLE……… If we allow this to happen then shame on ALL OF US….THE TRUTH IS IN PLAIN SIGHT AND IT IS TIME WE THE PEOPLE TOOK OUR COUNTRY BACK FROM THIS TYRANNY THAT HAS HIJACKED AMERICA…THE RULING ELITE AND ALL OF THEIR EVIL COHORTS AND MINIONS WANT EVERYTHING FOR THEMSELVES AND NOTHING FOR ANYONE ELSE……..AMERICA is not a nation of cowards. Not now, not ever………….Let’s ALL stand together, INDIVISIBLE and show them whose country this is!!!!!!!
Civil Rights Act of 1871
From Wikipedia, the free encyclopedia
The Civil Rights Act of 1871, 17 Stat. 13, enacted April 20, 1871, is a federal law in force in the United States. The Act was originally enacted a few years after the American Civil War, along with the 1870 Force Act. One of the chief reasons for its passage was to protect southern blacks from the Ku Klux Klan by providing a civil remedy for abuses then being committed in the South. The statute has been subject to only minor changes since then, but has been the subject of voluminous interpretation by courts.
This legislation—also known as the Ku Klux Klan Act and formally titled An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes—was asked for by President U.S. Grant, and passed within one month of the president’s request for it to Congress. Grant’s request was as a result of reports he was receiving of widespread racial terrorism in the Deep South, particularly in South Carolina. He felt that he needed to have his authority broadened before he could effectively intervene. After the act’s passage, the president had the power for the first time to both suppress state disorders on his own initiative and to suspend the right of habeas corpus. Grant did not hesitate to use this authority on numerous occasions during his presidency, and as a result the first era KKK was completely dismantled and did not resurface in any meaningful way until the first part of the 20th century.[1] Several of its provisions still exist today as codified statutes, but the most important still-existing provision is 42 U.S.C. § 1983.
Contents [hide]
1 History
1.1 Use during Reconstruction
2 As Later Amended and Placed in U.S. Code as Section 1983
3 Notes
4 External links
[edit]History
Main article: Ku Klux Klan
In January 1871, Republican Senator John Scott of Pennsylvania convened a congressional committee to hear testimony from witnesses of Klan atrocities. In February, Congressman Benjamin Franklin Butler of Massachusetts introduced his anti-Klan bill, intended to enforce both the Fourteenth Amendment and the Civil Rights Act of 1866. Butler’s bill was narrowly defeated in the House, whereupon Rep. Samuel Shellabarger, of Ohio, introduced a substitute bill—only slightly less sweeping than Butler’s original. This bill brought a few holdout Republicans into line, and the bill narrowly passed the House, sailed through the Senate and was signed into law on April 20 by President Ulysses S. Grant.[2]
Benjamin Franklin Butler drafted the initial version of 1871 Klan Act.
Samuel Shellbarger wrote the final version that passed and was signed into law.
[edit]Use during Reconstruction
Main article: Reconstruction era of the United States
Under the Klan Act during Reconstruction, federal troops were used rather than state militias to enforce the law, and Klansmen were prosecuted in federal court, where juries were often predominantly black. Hundreds of Klan members were fined or imprisoned, and habeas corpus was suspended in nine counties in South Carolina. These efforts were so successful that the Klan was destroyed in South Carolina and decimated throughout the rest of the former Confederacy, where it had already been in decline for several years. The Klan was not to exist again until its recreation in 1915, but it had already achieved many of its goals in the South, such as denying voting rights to Southern blacks.[2]
In its early history, under the Grant Administration, this act was used—along with the Force Act—to bring to justice those who were violating the Civil Rights of newly freed African Americans. After the end of the Grant Administration, and the dismantling of Reconstruction under Rutherford B. Hayes, enforcement of the Act fell into disuse and few cases were brought under the statute for almost a hundred years.
[edit]As Later Amended and Placed in U.S. Code as Section 1983
42 U.S.C. § 1983 now reads:[3]
Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Section 1983 essentially made equitable relief available to those whose constitutional rights had been violated by an actor acting under State authority. Normally constitutional rights violations are remedied by specific performance including injunctions by the courts. For example, if a person’s right to due process was violated by a prison guard who was said to be acting under the authority of the state, then that person could bring suit for monetary damages against the prison guard. Without Section 1983, that person would have to seek an injunction by the courts for the due process violation. The problem with such an action by the court is that injunctions cannot apply to past harm, only future harm. So, essentially the person would have an actionable cause-the constitutional violation-with no adequate remedy. Most Section 1983 claims are brought against prison officials by prisoners, but prisoner claims are usually dismissed as being without merit. Claims can be brought by anyone stating a proper cause of action.
Circumstances changed in 1961 when the Supreme Court of the United States articulated three purposes that underlay the statute: “1) ‘to override certain kinds of state laws’; 2) to provide ‘a remedy where state law was inadequate’; and 3) to provide ‘a federal remedy where the state remedy, though adequate in theory, was not available in practice.'”[4] Blum & Urbonya, Section 1983 Litigation, p. 2 (Federal Judicial Center, 1998) (quoting Monroe v. Pape). Pape opened the door for renewed interest in Section 1983 among American legal scholars.
Now the statute stands as one of the most powerful authorities with which state and federal courts may protect those whose rights are deprived. Section 1983 of the Civil Rights Act provides a way individuals can sue to redress violations of federally protected rights, like the First Amendment rights and the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Section 1983 can be used to enforce rights based on the federal Constitution and federal statutes, such as the prohibition of public sector employment discrimination based on race, color, national origin, sex and religion.
In some jurisdictions, 1983 has been applied directly to private employers when litigants have sued under this act. It can also be applied in virtually all jurisdictions in a more indirect manner to private employers if they are acting under state or federal authority. For example, if an additional private security company is hired by the police for an event and are given authority by the police, and, during the event, the security company violates a participant’s First Amendment right, they can be sued under section 1983.
Although some provisions were ruled unconstitutional in 1882, the Force Act and the Klan Act have been invoked in later civil rights conflicts, including the 1964 murders of Chaney, Goodman, and Schwerner; the 1965 murder of Viola Liuzzo; and in Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263 (1993), in which the court ruled that “The first clause of 1985(3) does not provide a federal cause of action against persons obstructing access to abortion clinics.”
It was also utilized in the 1969 case of Tinker v. Des Moines. By the time Beth Tinker was in school, the law had expanded to make even school boards liable if they stood in the way of people’s federally-protected rights.
Today, the Civil Rights Act can be invoked whenever a state or local government official violates a federally guaranteed right. The most common use today is to redress violations of the Fourth Amendment’s protection against unreasonable search and seizure. Such lawsuits concern false arrest and police brutality, most notably in the Rodney King case.
The Act was invoked in the 2010 Robbins v. Lower Merion School District case, where plaintiffs charged two suburban Philadelphia high schools secretly spied on students by surreptitiously and remotely activating webcams embedded in school-issued laptops the students were using at home, violating their right to privacy. The schools admitted to snapping over 66,000 webshots and screenshots secretly, including webcam shots of students in their bedrooms.[5][6]
[edit]
http://www.thepetitionsite.com/create.html THIS IS A DO IT YOURSELF PETITION SIGHT.
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Our government officials have sworn fiduciary duties to do Honest service, this bill is a Breach of Honest Service and a breach of good faith fiduciary duty. There must be a way to stop these unconscionable people legally. PETITIONS AND FILING COMPLAINTS IN COURT OF BREACHED FIDUCIARY DUTY AND VIOLATIONS OF THE HONEST SERVICES ACT. KICK BACKS AND CONFLICT OF INTEREST DONATIONS FOR THEIR CAMPHAINS ECT.
Thank you Bobbi! Thank you Shelly!
Great stuff!
TURN IT INTO ACTION TODAY
* It is crunch time now, fellow homeowners. It’s “Save-Your-Home” time. Now is the time!
We must assure that we are all heard by the decision-makers NOW.
The Banksters are frantically throwing money everywhere to save their corporate and personal azzez.
Call, email, text, tweet & facebook your officials, local, state and federal, elected or appointed, business leaders, news outlets, etc.
BE NICE!. No THREATS, ARGUMENTS or PROFANITY!
Make it SHORT.
*You are a constituent,
* You VOTE (and you WILL vote in the next election),
* You are mad as a hornet about: (pick one or a few or add your own. Not too many.)
– The Big Banks defrauding homeowners with MERS and securitization,
– The Big Banks’ avoidance of the public records and the resulting title slander.
– The Big Bank subprime mortgage debacle which first inflated, then crashed the real estate market, and ushered in our present lingering economic recession. The culpability of certain elected & business officials.
– The failure and refusal of the proper officials to investigate and prosecute the previous and the ongoing fraud by the banks.
– The failure of the judiciary to enforce the law, by not properly examining jurisdiction or standing and not requiring original documents in original jurisdiction court. Rocket dockets, etc.
– That false documents and robo-signing have already stolen millions of Americans’ homes. They all deserve restitution, as should the investors who bought the securities or the fraudulently foreclosed property.
– The refusal of a majority of attorneys general to investigate the whole of the big banks’ fraudulent activities. (Kudos to those who do, as they are the ones who are now helping and will help us to win.)
Let’s all vow to send something EVERY DAY to ensure this injustice is stopped and corrected.
Every day we don’t do it is a day closer to the street.
“Winning isn’t everything, making the effort to win is.” Vince Lombardi, winning football coach.
Let’s make the effort and we WILL win.
Bob
Thank you Shelley, for all the great information.
I immediately started working on 3 Foreclosure related petitions which I have saved and will publish when other details are organized.
I have the titles and wondering how legally specific I should describe what
I hope the petitions will accomplish.
Two of the Petition Tiltes are: ” Protect Senior Citizen Homeowner Victims with Alzheimers and Dementia from Predatory Lenders” , “Protect Victims of Predatory Lending with Limited English Reading and Vocabulary Skills.”
GREAT letter, Bobbi!! Thank yu for sharing. Now, EVERYONE needs to do the same!!
she is lying like the carpet on her head
disgusting psychobabblist (my new word of the day)
awesome letter and great you have the guts to tell it like it is, all the banks are trying to do is get more money
hell yea burn the house down like they have burnt us down to the bottom feeders they want us to be … crappy disgusting banksters, they know people are standing up as they should as you see here…BRAVO !!! maybe they are getting a little worried and so they should, we need to drive them insane as we feel we have been done and are still doing even today, tables are turning
Keep hitting them Bobbi Swann go get them!!!
brilliant letter, bobbi.
NICE WORK BOBBI!
That was an awsome letter ,Thank you
Thank you for that letter. WIll there be an internet petition the rest of us can sign? I’ve written to my own state representatives, but perhaps we could also draft a petition to the entire legislature?