THE BANKS WIN! COURT RULING ELIMINATES ALL FORECLOSURE DEFENSES IN FLORIDA
Anyone who has spent time in foreclosure courtrooms over the last several years will recognize that a dramatic shift has occurred in foreclosure courtrooms all across the state. The deck has tilted, the tide has turned and the new legal landscape is simple:
The Banks Win, Get Out of The Homes, Foreclosure Granted
The full magnitude of this profound shift in legal precedent will start to be felt around May or June, as the Final Judgments of Foreclosure that are being granted today are converted into Foreclosure Sales and then into Writs of Possession executed by Sheriffs all across the state. You can forget about proving up fraud and forgery and robosigning. You can forget about securitization audits or evidence and any arguments that the banks engaged in gross and systematic wrongdoing. None of that matters anymore. The legislature has spoken, but worse, the judicial branch is listening…and acting. Advantage banks, hello forced disposition of the homes of hundreds of thousands of Floridians from one end of the state to another.
And no, there has been no single court ruing. There certainly have been landmark rulings along the way, one right after the other, that tear down the walls of a judicial system that took hundreds of years to build. The Rules of Evidence and Procedure, refined and interpreted over decades and embodied in case law no longer have application in foreclosure courts. The substantive laws of real property and commercial paper, also embodied in case law, no longer apply in foreclosure cases.
Our state, our nation, can no longer rely on these things….these interferences in modern banking procedure. These laws. Those that call themselves the leadership of this state and nation have decided that we must get along with rewarding the banks for all their sloppy, illegal and criminal behavior. We must all give way and allow the banks to take back hundreds of thousands of properties.
And who will ultimately own these properties? By and large it will not be individuals. The homes that will be disposed of via public foreclosure auctions will be taken back by the government. They will be purchased by hedge funds and Wall Street investors. They will be purchased by foreign corporations and shadowy, unidentified entities.
Right before us is occurring the largest transfer of private property into institutional and government hands that has ever occurred in this nation’s history. This dramatic shift occurs not primarily because our laws have demanded or even allowed for such. Rather, the shift occurs because the legislative branch has demanded it and the judicial branch is responding to these pressures.
I’m sure this will all work out fine. Just fine.
SOURCE: http://mattweidnerlaw.com
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I’ve read this opinion before but, of all that was said, a court case (appelette) was never mentioned. Any court decision that attempts to put statutes and long standing case law on its ear is asking to prolong the inevitable…more litigation.
The Congress can write all the legislation it wants. Statutes are NOT law, they are only rules from which to reference in a court to be interpreted by the courts. They are also commercial in nature and for this reason, all courts (save lower and municipal courts) must be extremely careful in changing or taking a particular stance on law that has taken decades, if not centuries, to build upon. Courts don’t like to change law, but when they do, it always creates a two way street.
There is always something to do, there is always an angle to protect against bad law.
Thank you congress, you are anti-American traitors and treasoneous to your oath of office. By ruling for the international banksters that criminally altered Libor rates causing the crash of the real estate market shortly after they flooded the market with low interest loans advertising for people to refinance their homes knowing they would be getting many into loans they couldn’t afford when they buried in stacks of loan documents that some of those refinance or new home loans payments would double and the homeowner salary wouldn’t double simutaniously. The Banks never had any skin in the game , they immediately sold these loans securitizing them in pools of mortgages into trusts to then crash or destroy pension funds that relied on these trusts to perform for millions of people’s retirement. And our supposed government who is elected by the people to represent the people has turned against the people and bailed out the banks with U.S. tax payer holding the bag. Of course after the bail out the banks , the banks went back to fraud business as usual only now with the consent of the treasoneous senators and congress people. These people should be jailed , the entire legislative branch and the impostor fraud president should get the death penalty and the judges going along with this criminal activity should never be allowed to practice law and tried for their crimes in this mortgage fraud. Who could have ever imagined that our government would have gotten to the point of being so corrupt on such wide scale. We don’t have a government in this country, they have proved by this action they are lawless criminals that need to be locked out of their offices in Washington D.C. Shame on them and may the Justice they deserve come to them with the pain they are responsible for in what they have done to millions of American families.
“On Sept 1st, 1894, we will not renew our loans under any consideration. On Sept 1st we will demand our money. We will foreclose and become mortgagees in possession. We can take two-thirds of the farms west of the Mississippi, and thousands of them east of the Mississippi as well, at our own price… Then the farmers will become tenants as in England…” — 1891 American Bankers Association as printed in the Congressional Record of April 29, 1913
In 1909 only 9% of American Homes were controlled by banks by way of mortgages. In 2013 Banks have mortgages on 70% of the homes in America. Each time the government subsidizes a bank, each time the Federal Reserve buys toxic assets, the banks can foreclose on home and essentially get a free home. The Federal Reserve’s policy which led to “investors euphoria” and Liars loans eventually led to a burst which cause many foreclosures. The Family median networth dropped 40% to $77,300 in 2010 from $126,400 in 2007, the Fed said in its Survey of Consumer Finances which is released every three years. Presently there are 19 million homes and 8 million homeless. Tomorrow if your children decide they want to own a home they are going to labor most of their lives to pay a 30 year mortgage on a home that the bank got for free.
Senator Roger Goodman is being himself, cant blame him, he self serving as with all the politicians, banks, lawyers etc…Whats new, Didn’t Jesus talk about this 2000 years ago. The Pharisees, Sadducee s ..OK then whats next ,its up to you. the kingdom is within you, not man whose breath is in his nostrils. Only You have the power.
While the people deal with the crooked system the banks have power over you. Stop dealing in the system. Credit cards, mortgages, loans, etc. We play into their hands all the time. Cant blame the Banks, this is what they do, cant blame the politicians , this is what they do as with lawyers. This is all voluntary folks. Brother is not helping brother ,its all about ME and money. We could put an end to a ALL the corruption …the banks, pharmaceuticals, politicians, wars etc overnight if we had a real desire and stop listening to the fear and Bs spread by the “government, Tv, Radio etc ” STAND UP stop being week..These people are crapping on you and you enjoy it. I don’t care what legislation has been passed…March on to the legislators place and kick them out. How much abuse will you take before you change. The only change will come is from you! You are the change!
Senator Roger Goodman sure did play dirty and needs to be impeached and exposed. As you can see all four of us told the next senate committee we were told to stay at home by Roger Goodman, Roger Goodman is telling the senate just before we testified how no one showed up and testified against the bill. The jack ass. No one can trust this man at all.
PURPOSELY BOTCHED SUPPRESSED REVIEWS. DEMAND A MORATORIUM ON FORECLOSURES.
http://stopforeclosurefraud.com/2013/04/03/review-of-botched-u-s-foreclosures-beset-by-missteps-gao-says/
http://stopforeclosurefraud.com/2013/04/03/occ-promontory-deloitte-likely-to-testify-over-botched-foreclosure-reviews-on-4112013/
http://dealbook.nytimes.com/2013/04/03/blame-abounds-over-a-flawed-foreclosure-review/
http://stopforeclosurefraud.com/2013/04/04/gao-74-pg-report-botched-foreclosure-review-lessons-learned-could-enhance-continuing-reviews-and-activities-under-amended-consent-orders/
ENOUGH IS ENOUGH.
Please get on the phones and emails and write the government politicians asking for hearings on the botched foreclosure reviews Send in complaints on the foreclosure abuse and the politicians that passed this bill. Ask your friends to do this. Elijah Cummings and Elizabeth Warren and the Rust Consulting Company and Carl Levin. The president. Massive complaints and sqeeky wheels get somewhere.
Why bother, 42 percent of the congress are blackmailed pedophiles , they can’t do anything for you or they will be exposed. They were set up by the Zionists Jews that own the Federal Reserve and all the big banks they are are followers of Satan
Boycott rentals if you can. Share with relatives if possible.
Boycott banks take your accounts and money out of them put it into credit unions and under your mattress. Dont leave you money sitting in a credit union account either. I use my credit union for the bills I have to pay by debt card.or check. Pull excess money out and all stocks etc. The stock market is a big casino waiting to be wiped out soon to.
For all those interested, Occupy plans a homeowner march on Washington DC in May.
Contact:
occupyourhomes@engagementlab.org. It’s important to come out in numbers, enough theorizing and hoping the banks will be reasonable while they continue to destroy our communities!
i am so sick of this backward state i cant wait for them to foreclose so i can get the hell out of here !i realy do not see what anybody sees in this place apart from the weather 3 months out of the year. see ya ! and good luck !
I hate to tell you but it is the same in all 50 states.
Properties are being snatched up by big hedge fund investors and rented for exorbinate rents. Pretty soon families will have ot live together to make the payments if they will be accepted as renters.
Lets apply some critical thinking here. The judges can solve this while succumbing to the whims of the legislature, rendering real justice, and jump-starting the economy by doing one simple thing.
Instead of finding judgement in favor of the banks, declare judgement in favor of the defendants while granting quiet title to every home in a foreclosure proceeding.
A “rocket docket” does nothing but create more litigation. In fact, it does more harm than good. We’ve tried this in Florida already and it proved a huge disaster! Homes that were foreclosed on improperly didn’t survive challenges to subject matter jurisdiction. Because subject matter jurisdiction can be raised at any time, a case that was adjudicated in a “rocket docket” proceeding is also subject to this type of challenge even if it is raised a few years later down the road, or for the first time on appeal.
Investors BEWARE! Foreclosed properties successfully challenged on a subject matter jurisdiction plead will expose the investor to financial losses as the bank sold the investor a property which they never truly possessed. The investor’s remedy…GO SCRATCH! You’ll now have to sue the bank for fraud (another huge expense required to recapture financial losses in the transaction). The good news, you can also sue the judge in a Title 42 USC 1983 suit for official oppression/impersonating a judicial officer.
A judge who renders judgement without first having subject matter jurisdiction looses all protections of immunity as they purported to act as a judicial officer when in fact they had no such authority to act. Subject matter vests the court with jurisdiction. Subject matter is lost when all elements to a cause of action aren’t met. A “Rocket Docket” case does two things and both are detrimental to a person’s rights. First, it prejudices the defendant in a foreclosure case where “special rules” are implemented for the expediency in reducing caseload rather than dispensing justice in accordance with facts that come before the court. Secondly, the very nature of this type of proceeding eliminates a person’s right to due process and equal protections of the law.
So if judges find in favor of banks at proceedings that take all but 2 minutes to ajudicate an outcome in favor of an entity that can’t prove up ownership of the mortgage, who really wins?
Realistically, we all lose, including the judges. What these fools don’t seem to understand is that they too will be (at some point in the future) holders of property whose title can’t be ascertained as to who the true owner in due course really is. Their mortgages are also being assigned to agents who are pooling their mortgages into special service vehicles and traded on Wall Street as long term investments. The Day may come, sooner rather than later, where they’ll realize that they should have had a spine at a time when it mattered most.
Result:
Bankers accumulate property that never belonged to them in the first place to trade as long term investments on Wall Street through fraud. The derivatives market expands sending bad debts into an accelerated deficit no country on the face of this planet can repay.
The courts, through their own acts, destroy the remaing tiny bit of that facade that they wish to maintain that fools those into believing that one can get justice at a court. Their acts are now public ADMISSIONS that justice is brokered to the highest bidder.
The county losses revenue as the banks continue to bifurcate the mortgage and deed of trust between multiple owners without recording all mortgages/assignments where the county can collect their recordation fees.
Litigation grows exponentially. Homeowners will sue judges and banks, Investors will sue banks, title companies, and the attorneys who represented them at closing. Meanwhile, counties continue to loose tax revenue as these homes in litigation have no true owner who can be held accountable for paying property taxes. Counties apply tax liens on properties where the true owners are unknown. When those homes are sold, the county then becomes liable for liening and ultimately selling a property without noticing the true owner and as a result has a suit filled against them for damages.
All this litigation could be brought to an end if the judge simply finds in favor of the homeowner by requiring property owners to include in their pleadings a quiet title. If courts are going to break their own rules of civil procedure why not benefit the citizens over the corporations? Imagine the boost in the national economy if all these foreclosure actions were awarded to the homeowners to quiet their titles! Court dockets would be cleared in a relatively short time. Disposable income for families to invest on education, automobiles, entertainment, savings, home improvements, and just about anything else consumers would use the money for would be realized instantaneously without a mortgage to pay off that never existed in the first place.. County, state, and federal tax receipts would skyrocket as consumer spending builds.
Senator Roger Goodman went so far as to email one of our advocates telling us to stay home not to come to the senate to testify against the bill due to it was a bad bill and was being pulled. Then the senate proceeded to put the bill on the floor and of course we were not there to testify against it due to Roger Goodmans email. Roger Goodman is sponsoring the bill. Then Roger Goodman had the nerve to claim to the senate that no one was in opposition of the bill. Title association attorney representing the association told the senators you will never be able to sell your homes ever you expect to re convey by authentic titles. What they are not putting together is not even the senators are safe from the theft of their property by anyone MERS decides owns their houses and whom can sell your property with absolutely no proof of authentic notes and the real parties at the table. No one will ever own their own property again. Ever with the passing of this bill. It will belong to whom ever and sole by whomever. It is a cold day in hell.
anytime a politician tells you to stay home – BEWARE! Stay home is code talk for “Bend over and grab your ankles sonny boy….I’m comin’ in!”
Bills that are attempting to be passed here in the state of WA will not allow any chance in the courts to protect our property. If the law says it is legal no court will allow a case to go forward. No reason to file a case. However filing cases of unconstitutional law can happen. Bill SB 1435 attempting to pass in WA allows the title agents to reconvey without authentic note and real parties of interest. Flat out theft and the sale of the stolen homes is being oked by bill 1435. The legistlators are committing treason as far as I am concerned.
N.J. is the only state in the union under the ” entire controversy ” doctrine . The sole notable exception is provided for foreclosures . Hence , even if very serious fraud were proven in a ( chancery ) court during a foreclosure defense , the bank would STILL win . After the fact ( after the house was sold ,) the former homeowner would have to initiate a SEPARATE lawsuit , under the C.F.A. – the Consumer Fraud Act . If the former homeowner wins under this separate , later court action , he/she would be entitled to receive the sale value of his/her former , already sold house ( much depressed value , because it was sold hurriedly , at a sheriff ‘ s
foreclosure sale . ) Tragic , but true , as long as the very narrow Fair Foreclosure Act had been followed !!!!!
I heard this salacious rumor that if borrowers actually paid their debts, none of this would be an issue.
I believe Matt is right. I had several instances that could be proven in my foreclosure case that should have resulted in a victory for me. I went all the way through the appellate court and lost. I had a backdated assignment of mortgage, loan was proven to have never been in the trust that foreclosed on me by a securitization audit and more. I lost. The bank is taking the house anyway. I had 2 failed mortgage loan mods-one where they said I never made my payments on time even though I have bank statements to prove otherwise. I paid for nine months. I was in the process of yet another loan modification and the bank foreclosed anyway. They are winning big time. I fought for 5 long years to no avail.
So FL has succumbed to the status quo that the rest of us in non judicial states have been dealing with all along. The banks are in control of the Courts and the legislatures and if you owe the money honey, it does not matter if you were hog tied, robo-raped or otherwise defrauded by a bank.
Did I say you owe the money?
We shall see..WE shall see
I suggest that all Florida residents withdraw all of their money from their bank accounts, 401 K plans, retirement investments, trust funds and any other bank or wallstreet related entity. As a matter of fact, the American people all across the nation should start withdrawing their funds to break the banks. Ofcourse the banks run the Government- like Peter robbing Paul and they will devalue the dollar. What is the safest bet? Law abiding citizens should invest in weapons and amunition. War seems to be very profitable therefore buy what will not lose value. Stock up on non perishable foods, maybe even purchase Euros or currency that will stay stable. It is a shame that the United States can’t follow the example of Iceland.
I find it hard to believe this,there must be a piece missing, Weiderman tends to get a little over excited about this stuff….must be some criteria to move this stuff through the system but how can they just decide no more law suits against banks and the banks get the property. If thats the case I have a hunch where Obamas new Homeland Security tanks will get their first action.
THESE CORPORATIONS ARE TRYING TO CREATE WAR UPON US SOIL!!!!
The PEOPLE OF FLORIDA need to HURRY UP and TAKE BACK the POWER AND STOP giving it to them.
Get a BULL HORN and ROUND up the people do a MARCH and put them on NOTICE that they are FIRED and they must step down for OBSTRUCTION OF JUSTICE.
Because ALL courts DEAL with CONTRACTS and your CONTRACT was with a so called Subprime Bank which does not have a CEO signature which violates UCC article 2 and the courts have NO Jurisdiction over a contract that does not have 2 signatures is a Mistake of Fact…
WAKE UP THE WORLD!!
Well if THIS doesn’t tell you what they’ve been after ALL along! Why didn’t they just come into citizens’ homes and take them by holding men, women & children @ gunpoint in the 1st place if highway robbery was their end game? All these convoluted schemes with pretend law, robos, MERs, LPS…. Look @ the time, wasted hope, $, pretend foreclosure reviews & shit-canned paperwork our government: the banks wasted, when simple cattle prods & boxcars would have turned their trick.
Exterminate. Migrate. Re-populate. So simple.
OH NO !!! This can not happen in America, it will NOT happen. The banks and Wall Street may think that they have won, but it aint over until the American People win !! Fight back .. fight back .. fight back .. they can not win without your cooperation .. fight the good fight. As Dr. Martin Luther King taught us “The Arc of the Moral Universe Is Long, but It Bends Toward Justice”. Don’t give up .. Don’t give in .. Keep the faith and you will win .. in one way or another, you WILL win !!
All I read in this article was one man’s opinion. There is nothing in the body of the text that explains why this particular attorney feels this way. Has the Florida Legislature attempted to pass a bill that affects the discovery process in Florida?
The author admits that there hasn’t been any one such ruling. So then, from where does he draw such assumptions? Aren’t Rules of Civil Procedure written by the Supreme Court anyway? This is a very confusing article. Sounds like someone had a bad day.
Time to ELIMINATE the legislators plain and simple. As was true in Iceland the same is true here; only the people can right what is wrong.
good luck with that ! no one in this country has a spine ! .comfortably numb im afraid