Dearly Departed Face Possible Eviction as Cemetery Goes Up For Auction After Foreclosure (VIDEO)
Washington Post Blasts MERS
While you read this article, remember that Pinellas County Judge Walt Logan warned of this long before anyone else was alerted to the dangers in his Azize opinion. How much more stable would our economy and our whole country be if the world listened to this Pinellas County judge so long ago? Something to think about as we continue spiraling into chaos…..
But critics say promises of transparency and of ironing out wrinkles in record-keeping haven’t panned out. The firm, which tracks more than 60 percent of the country’s residential mortgages but whose parent company employs just 45 people in a Reston office building, is on the firing line now.
Clerks from counties across the country are suing MERS to collect unpaid filing fees. Several state courts have rejected attempts by MERS to act on behalf of banks seeking to foreclose on delinquent mortgages. And Congress is weighing legislation that would bar home loan giant Fannie Mae from buying any mortgage listed in MERS, potentially a death knell for the registry.
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Washington Post Blasts MERS
While you read this article, remember that Pinellas County Judge Walt Logan warned of this long before anyone else was alerted to the dangers….
But critics say promises of transparency and of ironing out wrinkles in record-keeping haven’t panned out. The firm, which tracks more than 60 percent of the country’s residential mortgages but whose parent company employs just 45 people in a Reston office building, is on the firing line now.
Clerks from counties across the country are suing MERS to collect unpaid filing fees. Several state courts have rejected attempts by MERS to act on behalf of banks seeking to foreclose on delinquent mortgages. And Congress is weighing legislation that would bar home loan giant Fannie Mae from buying any mortgage listed in MERS, potentially a death knell for the registry.
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HOT OFF THE PRESSES- Another BOMBSHELL Order From Pinellas County
My Favorite Line Comes At The End
…the Plaintiff and the person who signs the verified complaint will be subject to sanctions which may include; dismissal of the action with prejudice, assessment of fees and costs, monetary or incarcerative sanctions and referral to the State Attorney for prosecution pursuant to F.S. 837.
Congratulations Mark Stopa!
Decker+v+Deutsche+-+Verified+Complaint
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Pinellas County, Florida’s Sixth Judicial Circuit- Old School in the Fraudclosure Fight.
As questions over servicers and ownership of notes and mortgages have now made their way into the public discourse, I’ve been looking backwards, deconstructing these arguments and tracing the roots of the arguments and the very real questions which are being debated around the world and the admissions which are now part of the Congressional record.
Some of the earliest serious questioning of the issues now raised in our world centers of economic powers actually occurred right here in Pinellas County. As these issues continue to bubble and froth and the toxic pot of title stew continues to boil, I predict that we will eventually circle back and ask the question….
“What if we had listened to the good judge and stopped all of this in 2005?”
It really is interesting to read the article…a nice historical perspective….
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Washington Post- Pinellas County Takes A Leadership Role in Putting An End To Foreclosure Chaos
The national press have turned their attention on Pinellas County, because this circuit “Gets It” when it comes to understanding the problems in the foreclosure courtrooms and our judges are doing something about it.
Read Today’s Washington Post Article Here
Chief Judge McGrady is not alone however. Chief Judge Lee Hawthorne from the 12th Judicial Circuit in Sarasota County has likewise been very vocal and serious about ensuring fairness and equity is done in his courtrooms as well.
These two circuits really do “Get It” and citizens that live in these circuits are protected from the wanton abuses of the banks and foreclosure mills as a result of this. Just take a look at the form below that is being used in the 12th Circuit. It represents a very practical way that judges can manage their caseload, enforce the Florida Rules of Civil Procedure and force the foreclosure mills to be held accountable for their grossly abusive practices that are causing extraordinary financial pain for all taxpayers, not just those who are in foreclosure.
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THIS IS WAR! AND HERE IS HOW TO DISMISS THOUSANDS OF FORECLOSURE CASES!
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
The Florida Supreme Court mandated that all residential foreclosure cases filed after February 11, 2010 be verified.
I wanted to write that several times just to drive the point home. I put it in bold just to try and emphasize the point. Despite the fact that this is absolutely clear and that there is no question about this rule, across the state there are thousands of foreclosure cases that have been filed which completely ignore this rule.
It makes me furious and I cannot understand why our chief judges, why our elected judges, why senior judges continue to grant summary judgment for these cases when the court has the inherent authority to DISMISS THESE CASES FOR FAILURE TO COMPLY WITH THE RULES OF THE COURT.
I understand why the foreclosure mills continue to file complaints that are in direct and flagrant violation of the rules of the Florida Supreme Court, but I cannot understand why our courts and our press are not all over this issue.
I have petitioned for a hearing to be held here in Pinellas County to ask why this affront to our courts is allowed to continue, but I want to share the motions with everyone once again in the hopes that you will all print them out, tailor them to your cases and share them with your chief judge.
CHARNESKI-MTD-for-Unverified-Supplement1
I am issuing a challenge to any foreclosure mill attorney, any attorney, any judge. Explain why the reasoning in the memos attached above is incorrect. And if the memos are not wrong, then why are our judges allowing thousands of these foreclosure cases to continue on the dockets every single day?
THIS IS ARROGANCE AND TYRRANY. THE FORECLOSURE MILLS AND BANKS ARE TRAMPLING ON BASIC RIGHTS AND LIBERTIES AND IGNORING THE RULE OF LAW.
THEY’RE IGNORING THE SUPREME COURT OF FLORIDA!
THEY’RE IGNORING THE SUPREME COURT OF FLORIDA!
If we are allowing them to get away with this in this forum, what’s next? Shall we allow them to just kick down the doors of anyone’s home? (They’re already doing that.) Shall we just toss out the window due process and basic, Constitutional rights? (We’re already doing that.)
I will pay for the transcripts of any hearing where a foreclosure mill defends the fact that they are not verifying complaints. I am dying to hear the argument against complying with the lawful authority of the Florida Supreme Court….but then who really cares anyway? What does it matter, it’s only foreclosure?
WHY IS THERE NOT AN UPROAR AMONG THE PRESS, THE GENERAL PUBLIC, ATTORNEYS? WHERE IS THE SUPREME COURT ON THIS? I mean after all, they passed a rule that is just being ignored….why are they allowing this chaos to occur?
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PINELLAS COUNTY HAS CLEARED ITS FORECLOSURE BACKLOG!
It is widely known that the Sixth Judicial Circuit, centered in Pinellas County, is perhaps the most efficient and well-run court systems in the entire state. While there are credible stories of incidents occurring in courtrooms all across the state that violate fundamental principles and basic laws and where advocates and observers are being denied access to the courtrooms that their tax dollars paid for, the foreclosure hearings in Pinellas County courtrooms are held in open court and anyone is free to come and observe….and the courtroom is functioning just fine thank you.
THE SIXTH JUDICIAL CIRCUIT- MAKING GREAT STRIDES TO ENSURE FAIRNESS AND CLEAR THE BACKLOG
As most are aware, the Florida Legislature appropriated nearly $10 Million Dollars and the Supreme Court set a goal to reduce the backlog of foreclosure cases by 62%. As published in an article that appeared recently in the Florida Bar Journal, (FloridaBar1), Pinellas County reported a backlog of 39,394 cases and was given $317,752 to be used to clear the backlog.
Unlike some circuits that determined the most efficient way to clear the backlog was to rush through Summary Judgments in foreclosure rocket dockets, the Sixth Circuit implemented a comprehensive review of all foreclosure cases and determined that a significant percentage of the foreclosure cases could be dismissed when the foreclosure mills failed to follow court rules and procedures or when either the mills or their lender clients chose to not actively pursue the cases. By enforcing long standing rules that require Plaintiffs to actively pursue their cases and obtain service on all defendants and by dismissing cases when the foreclosure mills failed to follow the new rule that required all foreclosure cases filed after February 11, 2010 to be verified, the court:
1)cleared the backlog of foreclosure cases;
2) protected the rights of homeowners that live in this circuit;
3) sent a clear message to the foreclosure mills that the laws and rules of court will be enforced; and
4) helped foster an environment where lenders worked with the homeowners to come to a reasonable settlement of the case.
This story has not yet been officially written….these words are all mine, but I am very hopeful that this will be the story that will be written in a very short period of time. I have great faith in the judges and legislative leadership from this area and I am convinced that our leaders will work to make this story happen. When the story is officially written, other circuits from across the state will once again look to this circuit and our leaders for guidance and support to ensure the same story can be written in their circuit!
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The Way A Summary Judgment Hearing Should Occur
I spend a lot time highlighting the inequities of the current foreclosure system, particularly the “Rocket Dockets” that are churning through foreclosure cases across this state like so much rancid meat, but when things happen correctly, it is equally important to shine a light on those procedures.
In Pinellas County, the mass foreclosure dockets are held in open court with senior judges who, in most times I’ve been there to witness, take the time to listen to every party who appears….whether they have an attorney or not. I may not like some of the rulings but, as a general rule, I see real effort being made to explore both sides and not just rush to a grant summary judgment. For the most part, I don’t see the mad rush to grant Summary Judgment that represents a fundamental violation of rights and an abuse of the judicial process being implemented here in Pinellas County.
The transcript of one of the recent hearings I participated in reflects the concern and effort this circuit is putting forth to make sure that principles of equity and fairness are demonstrated to all parties involved. Having said that, the contrast with what happens in this hearing where the court recognizes that is options other than granting foreclosure and what we are hearing from other circuits could not be more dramatic.
This transcript highlights a grave fear I have that homeowners are in active workout arrangements with their lenders, but unbeknown to them the banks or the courts or both are proceeding with the foreclosure case and their home will be sold right out from under them while they are in a formal workout. This fear is magnified by the fact that courts are now reluctant to cancel any foreclosure sales, even when the Plaintiff requests them…..all part of this mad rush to drive the foreclosure car off the cliff……
WE ALL NEED TO TAKE A DEEP BREATH, SLOW DOWN AND CONSIDER WHY THERE IS THIS MAD RUSH TO PUSH THESE CASES ALONG…AND CONSIDERING THE NEW ECONOMIC REALITIES DO THESE PLAINTIFFS REALLY WANT THESE FORECLOSURE SALES SET?
and now the transcript….
Taylor_Bean vs Preble_08-24-10_Beach_FullSize
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The Foreclosure Docket in Pinellas County Has Been Cleared- And The Court Budget is Restored!
Across this state law firms are pushing foreclosures and judges are throwing their neighbors into the streets. I’m convinced that in a portion of these cases, the foreclosure mills that are pursuing these cases have no real contact with the clients who might have directed them to file the foreclosure case at one point in time and even if they do, I’m convinced that many of these Plaintiffs have no right to obtain a foreclosure judgment, much less the property or the proceeds from the sale of the property.
Based on a variety of investigations and depositions of mortgage and foreclosure mill players, there is good reason to suspect that in a large percentage of foreclosure cases filed by the mills, the Assignments of Mortgages, endorsements and affidavits the Plaintiffs need to win their case are nothing but form documents that have been produced by word processors and executed by RoboSigners…there is little if any personal knowledge or actual authority to prepare the documents that our elected judges use to justify throwing their neighbors into the street. How many foreclosure judgments continue to be granted based on faulty evidence when the Plaintiff has no right to obtain foreclosure and how many foreclosure sales will continue to be granted based on flawed evidence?
THREE FAILED FORECLOSURE CASES- THE SOLUTION TO PINELLAS COUNTY’S FORECLOSURE BACKLOG
While cases where homeowners are being thrown into the streets are clearly the most troubling, I’m also very interested in a very disturbing phenomena I’ve recently discovered and that is the number of foreclosure cases that have been filed and later abandoned by the foreclosure mill that filed the case. Given what we now know about faked, forged, fraudulent endorsements, assignments and affidavits, I have real questions about whether the Plaintiff had the right to file these cases in the first place and even if they did, why did the foreclosure mill just abandon these cases?
Totally by chance, I stumbled across the three homes below which are found in St. Petersburg, Florida’s finest neighborhood, Snell Isle. The homes are within a few blocks from one another and they are surrounded by multi-million dollar homes. There was no method to my search, I just found three homes that were clearly abandoned, yards that were an eyesore. I assumed they were in foreclosure and pulled the court docket. These are just examples, but their are thousands of homes like this lingering in communities all across America. These three are examples of the failures of the foreclosure mills and case studies in a judicial system that has not been is not funded or equipped to deal with the foreclosure mess that has been dumped in our courtrooms. If there are this many like cases in such a prestigous neighborhood, how many similar cases are pending across this county? Across this state?
A Solution to This County’s Foreclosure Backlog and An Important Counter Point to Incorrect Information and Misinformation From The Florida Legislature
When the Florida legislature places pressure on our courts and our judges to clear the foreclosure docket, they fail to take into account the vast number of cases like the three below that are failed and clogging the docket not because of pesky foreclosure defense attorneys like me or inefficiency on the part of our judges. Pinellas County’s Chief Judge reports that there are 33,000 foreclosure cases that are pending in Pinellas County. I suspect that a big chunk of those cases can be properly shown as dismissed based on the Orders that are entered in this case, thus fulfilling the Supreme Court’s mandate to “Clear That Foreclosure Docket- Let’s clear 62% of these stalled cases!” The good news is these cases are dismissed. They are no longer clogging our court dockets and they’re not the problem of our overwhelmed judges. These abandoned homes are problems and liabilities that the foreign investment firms that lied and committed the fraud and wizardry that brought this country to the brink of ruin. If the anonymous, amorphous and ill-defined Plaintiffs want to pursue their cases, all they’ve got to do is pay the filing fee and get the case started again. They get the chance to get their documents together (real documents prepared by whomever might really own the mortgage, not fake, forged, fraudulent documents prepared by the attorneys.) And here’s the multi-million dollar benefit for taxpayers, voters and local constituents who have the most invested in this community and in their court system….
IF THE LENDERS DO DECIDE TO REFILE THE FORECLOSURE CASE THAT THEY LET DIE, THE NET BENEFIT TO THIS COMMUNITY IS TENS, PERHAPS HUNDREDS OF THOUSANDS OF DOLLARS IN NEW REVENUE FOR OUR OVERWHELMED COURT BUDGETS
And here they are, the three cases that represent Pinellas County’s solution to the foreclosure crisis
Bank of New York V. Elizabeth Drumm 08010341CI- The picture below is one of a home that is in foreclosure, but that has been abandoned by the foreclosure mill that filed the case. The grass is two feet high, the home is a mess, it is an eyesore and a danger to the neighborhood. In July 2008 a foreclosure mill filed the foreclosure lawsuit on this home. The Defendant never filed a single piece of paper and did nothing whatsoever in this case and so, in December 2009, pursuant to a court order, the case was dismissed. Nothing new happened in this case until May 2010 when the foreclosure mill threw a piece of paper in the file. Why did the foreclosure mill not pursue this case in the more than two years since it was filed? Why did the foreclosure mill not file any pleading, motion or paper to try and vacate the dismissal? Who owns the mortgage on this home? Now here’s where it will get interesting….who will pay the property taxes on this property when they come due? Who will pay the thousands of dollars in municipal fines that are accruing on this home?
Bank of America v. Comstock09002491CI- This home is immediately across the street from the first one….a strange coincidence, but there are many such cases across our community. This case was filed February 2009 a Voluntary Dismissal was filed May 2009 but just for good measure a Notice of Dismissal for Failure to Serve was filed August 201o and the case will again(?) be dismissed October 2010. This case begs the question….how can a case be dismissed when it has already be dismissed? It’s a disaster and an irritation to the neighbors and the community.
Taylor Bean and Whitaker v. Haobsh Yahia 09012720CI- Filed July 2009, dismissed January 2010. Stalled, case, overgrown lawn, no additional action from the Plaintiff for the entire 8 months of 2010. Again, a home in Pinellas County’s premier neighborhood. One needn’t think too hard about what the neighbors think about this case. Consider the Plaintiff here, TBW, committed gross fraud and abuses, stole hundreds of millions of dollars from US taxpayers now those same US taxpayers are looking at this home with two foot high grass.
So there it is. The solution to the backlogged foreclosure docket in Florida. Our elected judges show the dismissed cases dismissed, then there is nothing left to do with the cases, but check off the Final Disposition for on the case, change the code on the database and the case is dismissed. If the Yankee bankers and Wall Street wizards want to take action on the case, they just pay the fee, re-file the case and get started once again. This is not just following the law or the rules or the way things should operate, there are important equitable principles at play here.
Above and beyond the equitable principles at play, there are important legal issues at play. When a case is dismissed, the case is dismissed. The court no longer has jurisdiction over the case and the court can no longer enter any Order in the case that is not void or voidable for lack of jurisdiction. See the draft of the case, below:
And just for good measure, here’s another post on another home in the neighborhood…..have a look.
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Mortgage/Foreclosure Mediation Featuring Weidner in The News- A great story!
The new foreclosure mediation program that has been established by Chief Judge McGrady in Pinellas County can be one of the most effective means for homeowners who want to stay in their homes to do so.
Mediation Managers Inc. is working hard to ensure the program that runs in Pinellas County is fair and helpful to all interested parties. The news story that ran tonight on Tampa Bay’s NBC News Channel 8 is an example of the press reporting on the real issues that are involved in foreclosures.
The press has largely picked up on the issues homeowners, attorneys and judges are experiencing with lenders and their attorneys and the fact that one of the biggest impediments to solving the foreclosure crisis is the lenders and the attorneys who represent them.
I fully support the mediation program in Pinellas County and strongly encourage all attorneys and advocates to support mediation whether the potential client retains you or not!
Great work to News Channel 8 for great reporting!
See the full video of the story here.
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FLORIDA HOMEOWNERS TO RALLY AT THE CAPITAL THIS WEEK
FLORIDA HOMEOWNERS TO RALLY AT THE CAPITAL THIS WEEK IN TALLAHASSEE
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Foreclosure Fraud | April 17, 2010
For all of you who can not attend the Historic Rally in Tally, and still want to be part of the event, below is a press release that can be sent by email, fax, or phone to all of the media outlets in Florida. [EDITOR'S NOTE: THE RALLY SEEMS TO BE SCHEDULED FOR APRIL 21 AT 9AM AT THE STEPS OF THE CAPITAL BUILDING. THERE ARE MANY "STEPS" OF THE CAPITAL BUILDING. I SUGGEST YOU POST A MAP]
Please Help us Spread the Word!
FOR IMMEDIATE RELEASE
HOMEOWNERS TO RALLY AT THE CAPITOL THIS WEEK
TALLAHASSEE – Almost overnight homeowners from around Florida have organized and are set to voice their concerns directly with lawmakers this coming week in Tallahassee.
It began with a group of Florida consumer attorneys looking to meet with legislators to persuade them into rejecting a proposed and profoundly bad anti-consumer law threatening to put the entire foreclosure process in the hands of mortgage companies without any involvement by the courts. Homeowners and consumer advocates learned about the effort and have organized to oppose any new laws that threaten Florida consumers.
Lawmakers immediately began receiving calls from consumers around Florida voicing their opposition to the pending legislation, known as House Bill 1523 and Senate Bill 2270. The opposition was completely effective as legislators responded by listening and siding with consumers. The proposed law has been defeated for now thanks in large part to the collective efforts of consumers, advocates and attorneys who represent homeowners in foreclosure in Florida courts every day.
“It restores faith in our legislative process when lawmakers listen and respond favorably to homeowners voicing their concerns during this economic crisis”, says Matt Weidner, an attorney from Pinellas County who represents homeowners in foreclosure.
On the heels of this victory on Wednesday, April 21st hundreds of homeowners, consumers and other advocates from all across the State of Florida are driving, flying, taking buses (maybe even a horse or two) into Tallahassee with a powerful message: DO NOT TAKE AWAY VALUABLE CONSUMER PROTECTIONS. WE WANT TO WORK TOGETHER TO SOLVE THE CURRENT CRISIS. Leaders from both houses have graciously agreed to meet with their voters and with the group of consumer attorneys.
Chip Parker, a Jacksonville attorney who represents homeowners in foreclosure, encourages everyone who cares about Florida’s economic recovery to support this effort. “This isn’t about just laws that relate to foreclosure, it’s about preserving a balance that protects families during economic times like these. This is the worst time to be considering any laws that take away important consumer protections and that favor the banks”.
The attorneys also oppose the new laws because the changes would negatively impact the courts, judges and their staff because the changes would eliminate nearly 25% of the judiciary budget. This would make worse what is already a difficult situation for judges and their staff currently buried under thousands of foreclosure cases. “We need to ensure our courts are properly funded so that every litigant can have their day in court” says Weidner. Consumer advocates share this view in large part because they see how little time is currently devoted to hearing cases due to the high case loads.
The rally is scheduled to begin at 9:00am in Tallahassee at the steps of the Capitol and is open to attendance by all. Check the following websites for caravan and contact information!
http://www.lawyersforhomeowners.com
http://www.foreclosurehamlet.org
4closureFraud
1-561-880-LIES
Filed under: foreclosure
Important Florida Case – one way to get a foreclosure dismissed
There is a recent decision out of the Sixth Judicial Circuit in FL (Pinellas County) that I believe warrants focus and analysis for homeowners and their attorneys. In Wachovia Mortgage v. Matacchiero, the Defendant filed a Motion to Dismiss (MTD) the case through her attorney. The basic premise of the MTD was that the Plaintiff lacked the “capacity to sue” the Defendant for foreclosure under Fla. Civ. Pro., Rule 1.120(a).
Most foreclosure attorneys are used to hearing (and arguing) the legal issue of “standing” and while standing is a very valid issue that should be questioned in every foreclosure case, the “capacity to sue” is different. ‘Capacity to sue’ is an absence or legal disability which would deprive a party of the right to come into court.” Judge Rondolino, the presiding judge who signed the order granting the Defendant’s MTD, made the distinction right in his order.
In this case, the Plaintiff was, “Wachovia Mortgage FSB, F/K/A World Savings Bank.” The argument was simply that the Plaintiff failed to properly identify itself in the pleadings (complaint) and therefore the Defendant was deprived of knowing exactly who to answer or frame her responsive pleading to.
The Defendant’s argument: “Because the Plaintiff failed to “plead or specify in what capacity the Plaintiff brings suit and by failing to define or identify in any way the nature of its legal entity the Plaintiff has not plead that it has the capacity to maintain suit before this court.”
Notice point 4 of the Judge’s order where he specifically compares capacity to standing and note the differences.
The attorney in this case did a great job really analyzing the Defendant’s case and he obviously has a firm grasp on and working knowledge of the rules of civil procedure. He successfully attacked the legal deficiencies in this case and won on the merits of his well plead argument.
The majority of foreclosure cases are fraught with legal deficiencies. The problem I see is that few are truly analyzing the complaint, pleadings and allegations made by these institutional fraudsters to find these deficiencies and use them against the Plaintiffs. You know the old saying, “the devil is in the details.”
Hopefully, you’ll read the judge’s order and dive into the rules of civil procedure in your state and really learn something as to how “we should think” about foreclosure cases. The lesson here is to learn how to “frame” our thinking regarding foreclosure cases and to learn to look at the details. Look at what these Plaintiffs are truly alleging. The words they are using are not accidental and often we will find conflicting statements, inconsistencies and the like.
Use the rules of civil procedure as the guide and attack the missteps of these institutions. The rules define how the game is played. If a party fails to follow the rules they have a problem and if you have a rogue judge who doesn’t care about ensuring the rules are followed, these things need to be identifed, recorded and quantified so that you can set a case up for an appeal. The Appellate courts are in a position where they have to hold the parties (and judges) to following the well-established rules of civil procedure.
Now, what you are waiting for? If you need legal representation in a foreclosure matter (or even think you might), call Houk Law today to speak with us about all the reasons why you should consider retaining us to represent you… and why it makes complete economic sense as well!
We can be reached at 1-877-508-4848 ext. 0
