Dec
08

Dylan Ratigan | House of Pain – States Take Charge of ‘Fraudclosure’ Crackdown w/ Martha Coakley

Visit msnbc.com for breaking news, world news, and news about the economy ~ 4closureFraud.org Tweet Related posts:Dylan Ratigan | Delaware AG Beau Biden: Fighting Fraudclosure Dylan Ratigan | Nevada State Attorney General Catherine Cortez Masto Fights Fraudclosure Fraudclosure – Marcy Kaptur on Dylan Ratigan, Inside the Country’s Mortgage Mess Related posts:
  1. Dylan Ratigan | Delaware AG Beau Biden: Fighting Fraudclosure
  2. Dylan Ratigan | Nevada State Attorney General Catherine Cortez Masto Fights Fraudclosure
  3. Fraudclosure – Marcy Kaptur on Dylan Ratigan, Inside the Country’s Mortgage Mess
Aug
20

Quotes of the day

Disappointment.


“All the signs suggest that Obama is in immediate danger of a rabbit attack. It would ruin what’s left of his presidency. And it would horrify Democrats by ushering in, say, a President Bachmann. “It might happen while he’s on that ridiculous vacation of his. Obama is chilling at some exclusive multimillion-dollar estate on Martha’s [...]

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Aug
19

Video: Speaking of vacations, don’t forget that Palin quit her job

Oh, no he didn't ...


There is a lot of criticism raining down on Barack Obama’s head for taking a 10-day working vacation at Martha’s Vineyard this month while the American economy slides further towards a new recession.  Considering that all Presidents take vacations — even FDR during wartime and the Great Depression — and the fact that modern Presidents [...]

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Aug
18

New EO from Obama to push diversity in the federal workforce

Priorities.


The president won’t present a jobs plan until September (as Ed says, he’ll be working on that while on “vacation” in Martha’s Vineyard), but he today issued an executive order to tackle another top national priority: increasing diversity in the federal workforce. Like all EOs, the order out-and-out accomplishes little: It merely establishes a “coordinated [...]

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Feb
10

Improperly Verified Complaint = Reversible Error

I find it so unfair that my clients have to spend good hard earned money to fight for a right given to them by the Florida Supreme Court…THE RIGHT TO HAVE RESIDENTIAL FORECLOSURE COMPLAINTS PROPERLY VERIFIED.

This is a RIGHT.  Not a privileged.

Even this late in the game, I find myself daily going into court defending against absurd arguments from the foreclosure mills over this issue.  The foreclosure mills have made big gambles on a variety of verification elements that do not comply with the Florida Supreme Court’s Rule.

First, the effective date is February 11, 2010…PERIOD.

Second, the verification must be on the complaint itself, not a hanging verification slipped in sometime later….PERIOD. (See Florida Statute 92.525)

Finally, the verification cannot be “on information and belief”, See Muss v. Lennar

But now here’s where it get’s good….the penalty when they get it wrong is the entire judgment can be REVERSED!

BALLINGER v. BAY GULF CREDIT UN., 2D09-4561 (Fla.App. 2 Dist. 12-15-2010) BALLINGER v. BAY GULF CREDIT UN., 2D09-4561 (Fla.App. 2 Dist. 12-15-2010) SAMUEL W. BALLINGER, Appellant, v. BAY GULF CREDIT UNION, Appellee. Case No. 2D09-4561. District Court of Appeal of Florida, Second District. Opinion filed December 15, 2010. Appeal from the Circuit Court for Hillsborough County; Martha J. Cook, Judge. Robert A. Carr of Resolute Law Group, LLC, Tampa (withdrew after briefing); Leon A. Williamson, Jr., of Leon A. Williamson, Jr., P.A., Tampa, (substituted as counsel of record), for Appellant. Keith D. Skorewicz and Jamie L. Weatherholt of Bush Ross, P.A., Tampa, for Appellee. MORRIS, Judge. Samuel W. Ballinger appeals a final summary judgment entered in favor of Bay Gulf Credit Union. While we find no error in two of the issues raised by Ballinger, we must reverse because the verified complaint was insufficiently pleaded and, therefore, final summary judgment was improvidently entered. This case involves Bay Gulf’s actions in seeking to repossess three luxury vehicles which Ballinger financed through Bay Gulf. In Bay Gulf’s verified complaint, a Bay Gulf employee, Sharmon Lenth, stated that Lenth read everything and that the facts stated were “true to the best of my knowledge and belief.” During the course of the proceedings, Bay Gulf sought summary judgment, and although Ballinger attempted to file an affidavit in opposition to Bay Gulf’s motion for summary judgment, the trial court refused to accept the affidavit because it had not yet been filed with the trial court at the time of the summary judgment hearing. The court then rejected Ballinger’s argument that the verified complaint — standing alone — was insufficient as a matter of law to support a final summary judgment. In doing so, the court noted that the complaint “says it is verified.” We acknowledge that “[a] verified complaint may serve the same purpose as an affidavit supporting or opposing a motion for summary judgment.” Boettcher v. IMC Mortg. Co., 871 So. 2d 1047, 1049 n. 2 (Fla. 2d DCA 2004). “However, in order to be so considered, the allegations of the verified complaint must meet the requirements of the rule governing supporting and opposing affidavits.” Id. (citing Fla.R.Civ.P. 1.510(e)). Rule 1.510(e), in turn, provides that affidavits must be based on personal knowledge and shall “show affirmatively that the affiant is competent to testify to the matters stated therein.” A verification which is improperly based on information and belief is insufficient to entitle the verifying party to relief because the verification is qualified in nature. See Muss v. Lennar Fla. Partners I, L.P., 673 So. 2d 84, 85 (Fla. 4th DCA 1996); Barton v. Circuit Court of the Nineteenth Judicial Circuit, 659 So. 2d 1262, 1263 (Fla. 4th DCA 1995); Thompson v. Citizens Nat’l Bank of Leesburg, Fla., 433 So. 2d 32, 33 (Fla. 5th DCA 1983). In this case, the verification reflects it was not based on Lenth’s personal knowledge. Bay Gulf asks this court to construe the verification as if it were based on Lenth’s personal knowledge because the verification does not say it was based on Lenth’s “information and belief” but, rather, states it was based on Lenth’s “knowledge and belief.” However, we decline to impose such a construction because the fact that the verification included the word “belief” indicates it was not based on Lenth’s personal knowledge. And, in fact, it is apparent from the record that Lenth could not state she had personal knowledge of the loan documents in question. The qualified verification here fails to meet the requirements of rule 1.510(e) and, therefore, should not have been considered by the trial court on a motion for summary judgment. See Thompson, 433 So. 2d at 33. Reversed and remanded. WALLACE and KHOUZAM, JJ., Concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

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Jul
31

Electronic Recording and Delivery act (ERDS)

Thank you Martha Nali:
THIS IS IMPORTANT. Anyone with more information on this, please send it in or post it in the comments. Whether this act would have any effect on old transactions, is doubtful, but I would have to see the whole thing and get some comments before I made up my mind. I’m also not sure that MERS is doing anything with documents. As far as I know they never touch a document or a dime. They are just a database “service” in which the pretender lenders pretend to keep track of the loans. The database is really just a cover for using MERS as a straw-man.

Forget about the notary rules. Forget about the signatures-
The Electronic Recording and Delivery act (ERDS) has now allowed the MERS computer (That’s what it is) to “notarize” events- such as assignments- That never happened.
READ THE LAW- THEN LOOK UP YOUR COUNTY CODES.
The counties are passing laws that allow this to happen as long as the “Notary stamp” is on file.
It completely obliterates what we have came to believe the act of notarization means.
The notaries do not even know this, and it is being slowly fed into the systems, and you can find only a few completely in digital format, but they are doing it. No actual notary event is happening.

False witness–Did God know about this coming?

This does not mean you cannot declare a document forged as to the notary, if it was done “Old School”, (with a human) and lacks truth for whatever reason-you did not sign, papers switched etc.. ( my case)

FURTHER, all the “Robo-signatures”, as Neil likes to call them.
Forget all you ever knew about trying to authenticate the names….

MERS is a computer using software that employs highly advanced logarithmic calculations, to distort a false signature each time it is applied. (FONT) The names you see signed, –yes there might be a human behind the name sometimes, but the chances are it’s an “Identity” created to sign the documents.

Mr. Lin, in China who is the head linguistic software developer in the world, (Microsoft) pioneered this software that has allowed MERS to impersonate humans, I allege. (it was not his intent, he just works on the design)

The MERS computer applies a distortion that is unique and varied each time to the “Font” that has been established for each identity—so as to trick the human eye into thinking they are seeing a true human signature, that is varied and slightly different of course each time it is signed.
All the signatures DO NOT MEET ERDS code.

All this talk about the signatures is failing to realize what has finally happened. MERS can impersonate humans, and can foreclose on 10,000 homes a day without any human interaction. It does not need a human, unless it is challenged

and then her clarification and interesting history

As clarification, when I say notarize “events” that never happened, as in assignments… Neil has blazed that path already, in documenting that the “assignments” did not happen, or do not happen until the computer is challenged.

( I am quoting Neil verbatim in my own pleadings, and owe him a debt for this work on here)

What I am specifically saying, is the ERDS language is allowing counties such as Los Angeles, to pass county codes, which allow 100% digital notarizations. IF THE STAMP IS ON FILE WITH WHOEVER IS DOING IT–Think Title Company.

So the actual event that I am talking about NOT happening is a face-2-face meeting of the notary, and the signer, and the computer is in fact acting as both in effect, as it generates the documents, with signatures of both the notary and the signer.

I have found some 100% digital notaries’ in the recorder’s office that are pure text-no pretend wet ink signatures even.

The system they have designed to rob us blind with is fully in place, and will be implemented slowly, so as not to cause uproar. I almost cannot believe this is happening, as its sounds too ala-Kaczynski, but the law has already been written that allows this. ERDS.
And for all you outside of California…There is a saying, So goes California…

A man’s word is now just a font.

Martha Raysik,
11th generation descendent of William Bradford.
Passenger on the Mayflower, and
Governor of Plymouth Colony.


Filed under: foreclosure
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