The House You Save… Could Be Your Own

“Luis Molina is not a lawyer and he has never played one on TV.

But that didn’t stop him from putting on his best suit, marching into a Miami courtroom this month and going up against an attorney with 30 years of experience to stop a foreclosure proceeding against his family’s home. Molina did such a good job of representing himself that the judge in the case thought he was a lawyer and punctuated his ruling in Molina’s favor by tearing up the other side’s motion for summary judgment and throwing it over his shoulder.

“I felt like a million dollars,” Molina told msnbc.com, describing his day in Judge David C. Miller’s courtroom in Florida’s 11th Judicial Circuit Court. “I felt like if there was anything in my life that I had done correctly, it had to be that. Every single lawyer after the fight came over and shook my hand.” – By Mike Starkey, MSNBC

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LUIS GETS MY VOTE FOR A PROMOTION IN THE ARMY… WE’RE FIGHTING A WAR. BE A SOLIDER, NOT A BYSTANDER.

Don’t let these instituitions just take your home from you. Are you kidding? Here’s exactly what they fraudsters do!

These guys hire an attorney and make some allegations on paper that they own your Note and Mortgage and they have the right to foreclose on you. Yadda, yadda, yadda…

How would you feel if I was that institution? I just make up a company called Countywide Home Loans (notice the spelling) and I hire a slick attorney and I file a complaint against you alleging that you have defaulted in your payments and I own the mortgage and note and are seeking a foreclosure. I also allege to the court in my complaint that I don’t have the original Note but I want to “Re-establish the lost Note” under a certain state statute (in Florida it’s F.S. 673.3091) which means Iin layman’s terms that I want the court to give me the right to re-create the Note out of thin air and make up the terms as I go. Oh, and I attach the original mortgage to my complaint which is in the name of a different lender but my but my explanation for that is that they assigned the mortgage to me and now I am the owner and holder of that mortgage and note. Oh and by the way, the assignment of that mortgage hasn’t been recorded yet.

Then I go to Fidelity National Financial out of Jacksonville, FL (or my attorney) and I have them create that assignment of mortgage for me and back date it pre-filing of the foreclosure and BOOM! I am now the assignee of your mortgage, the owner of a new Note created out of thin air and I get to take your home from you.

Some reading this might say, “Lane, you’re ridiculous, this isn’t happening. You’re exaggerating and being a little dramatic, eh?” Ha! I wish I was. This is EXACTLY what is happening in over 90% of all foreclosures being filed right now in Florida. I can’t speak to what’s happening in other states but I hear through the channels that it’s the same.

Man, I could go on and on and on about this one. I simply cannot believe that our ELECTED JUDGES are having any of this!! This is outright criminal, but oh, it’s not, it’s supposedly completely legal and ok to be able to allege something that is patently false. I hear that’s called “fraud on the court” and should result in sanctions and possibly criminal proceedings against the institutions but no, nothing’s happening. You know why folks… this is easy. It’s because 98% of all homeowners that get served foreclosure papers or notice of default do NOTHING. That’s right, they let the bank/institution walk all over them, allege anything and take ‘em to the cleaners.

Because they do nothing, the court checks nothing. Does no quality control or fact checking to make sure that “Countywide Home Loans” is truly the owner of Luis Molina’s Mortgage and Note. They rubber stamp the lawsuit with a BIG, FAT DEFAULT on it and get on with it.

I met with the Chief Administrative Judge in Lee County, FL today as a representative of the Lee County Foreclosure Task Force. What stuck out to me was that he said the court’s job is to “dispose of these cases as quickly and efficiently as possible.”

You know what, he’s right! He’s doing nothing wrong. It’s up to the homeowner to FIGHT! Or hire a damn good attorney who knows what they’re doing to fight for them (which I highly recommend by the way).

This is the ultimate War on the Home Front. Get out your rusty sword, polish it up, sharpen it and get in the game. Fight for your home and find some inspiration in Luis Molina!! AWESOME! Luis, you’re a hero. Way to go. Now get after it…