Wednesday, October 20, 2010
A review of the Pooling Service Agreement (PSA) indicates the master servicer is EMC Mortgage. It indicates the requirements for the mortgage loans to be in the pool. Here is where it is dirty.
Investors in the 2007-HE4 Certificates acted on the prospectus provided by Bear Stearns and EMC Mortgage. They bought into these securities knowing they were all sub-prime mortgages. There was supposed to be criteria for each mortgage to pass before it was to be included in the pool. But this is where the fraud begins.
Many of the mortgages in the Trust were not registered on MERS as required. Many of the lenders were not even members of MERS. There was in fact no agency representation between the lender and MERS. As such naming MERS as nominee was never intended or became an agreement between the lenders and MERS. Subsequently, MERS had no right to make assignments in the name of the lender as nominee.
But more importantly, many of the promissory notes backing the mortgages in the Bear Stearns 2007-HE4 Series 1 trust, were not endorsed properly in blank. Some were not endorsed by the original lender at all. Somewhere along the securitization process when this was discovered, employees of the intermediate holders put the notes in copy machines and copied fake endorsements on the backside. The signatures of the alleged endorsers are not wet ink. These endorsement stamps were copied from other notes and then copied on the back of notes missing endorsements. In some cases companies such as DOCX and LPS fabricated fraudulent endorsement signatures for many now defunct lenders. These were placed on the back of notes at the request of lawyers for plaintiffs in foreclosures. As such the pleadings in foreclosure included the "lost note" count and asking for reinstatement. What was the purpose of this "lost note" pleading? It was to keep from presenting the original note into the court file and denying the defendant's a right to do forensics on the endorsement and signature. They did not want this to take place because they knew the endorsement was a fraud. And to think, the investors in these pooled mortgages and notes were led to believe each of these securitized instruments were valid.
Well, now, we are learning that millions of mortgages and notes in these securitized trusts are in the pool against the very rules of the PSA. Thousands of these are in the Bear Stearns 2007-HE4 Series 1 trust. Investors need to make a mad dash to a lawyer. They were bamboozled, swindled, and the banks and mortgage companies involved are in fact some of the biggest ponzi schemes in history. We think Bernie Madoff was a ponzi master magician, well take a look at these Banks and their CEO's who are behind massive ponzi schemes a thousand times greater than ole Bernie boy. But, so far Obama has bailed them out. He is sending his hacks to investigate these banks but in the final public statement we will hear they found no wrong-doing only a few employees acting rouge.
Bear Stearns 2007-HE4 Series 1 trust is a complete fraud. It is time for investors to demand to have a review of every mortgage and note in the pool. If they do not, they can expect their certificates to have the value of used toilet paper.
I send this warning to all you investors, if you do not cover your investment with an investigation, you deserve to lose every dime you gave for these fraudulent certificates. They will be like Confederate money in a short while. Be warned.
For those of you facing foreclosure and your mortgage and note were supposed to be in the Trust, challenge this claim. Demand to see the original note and mortgage. Make sure all signatures are wet ink. Do not allow these shysters slip in a photo shopped copy of your color signature or the endorsement on the back of the note. Check each and every assignment on the back of the note for being copied. Challenge the note and deny you signed it. Make them bring the original into the court file. You can file a motion to compel production of the note and mortgage. In the event the lawsuit against you has a lost note count, you may be entitled to a jury trial of this count. Check your state laws. If you are entitled to a jury trial where lost note is pled, make sure you include a demand for a jury trial on the count naming the lost note claim.
Bear Stearns 2007-HE4 Series 1 trust is a complete fraud. Google 2007-HE4 and select the SEC link. Register as a user. Then scroll down to find prospectus. Click. Then begin reading the information. Pay attention to the Pooling Service Agreement. Pay also attention to the closing date of the Trust. After the closing of the Trust nothing can be assigned into it. So any assignments by MERS or someone else to a Trustee for one of the securitized trusts are invalid.
We will win. Draw out all money from all banks and use cash and or money orders. Make them pay for this fraud. Vote out all judges and Republicans and Democrats who refuse to call for the fraud to be investigated.
Monday, October 4, 2010
CNN, is your public really that stupid?
CNN, is your audience all that dim-witted?
CNN, since when did you measure the intelligence level of main street to see if a news item would be understood?
What we have here is a media giant who does not have the courage to allow the truth to be published via its cameras.
Oh well, CNN's loss. Lisa Epstein is a jewel and a treasure to those facing foreclosure. She is more important than CNN and all its fake backdrops anyway.
Sunday, October 3, 2010
The attorney McKeever is a very smart woman. She is perhaps the smartest Defense lawyer in the USA on the MERS fraud system.
Pray? Yes, pray that MERS dies. That the assets of MERS becomes the property of the millions of home owners this company defrauded out of their homes.
Read this important Order:
Thursday, September 30, 2010
Tuesday, September 28, 2010
You feel like you should try to beat the banks at their scams and file bankruptcy?
Well don't do it. Here is what I would do....
Once upon a time from sea to shining sea and from purple mountains majesty, bankruptcy judges would protect the home owner. Well not any more. Bankruptcy judges are in on the foreclosure scams. If I file bankruptcy during my foreclosure the judge will lift the stay and the house be taken out of the bankruptcy. Then the plaintiff will get a summary judgment as fast as a robo judge will sign the order. So I file the bankruptcy and spend all that money for nothing.
But, I am getting smart!
A mortgage is the security for the promissory note. They take the mortgage, foreclose on it and sell the house to pay the note holder. That is how the note holder gets his money. So, get smart here. My mortgage is a secured debt. Because of this, the bankruptcy judge will lift the stay so the secured debt can be satisfied. Then when there is not enough money from the sale to pay the complete note off, the bank will then sue me for a deficiency judgment. The difference between what they got from the courthouse sale and the balance owed at the time of the summary judgment. This deficiency can be thousands of dollars. The only way to wipe it off is claim this unsecured debt in bankruptcy. Since the deficiency is unsecured and there is no mortgage any more, the bank cannot ask the judge to lift the stay. Many times the bank will not even appear at the bankruptcy court. So I am getting smart.
The time for me to file the bankruptcy is AFTER the summary judgment has been entered. Once this has been entered into the court and filed in the public records. I will go straight to the bankruptcy court and file bankruptcy. I will do it within minutes. I will not wait a day. I have the forms already filled out. I will place the summary judgment on schedule "F" as an unsecured debt. I will ask the judge to wipe it off with all other debts claimed.
Yes, when this happens, the greedy bank is not getting the house back. I will not ask for the summary judgment to be set aside. I will not allow the bank another stab at killing me. A bankruptcy judge should allow the unsecured debt to be included in the wipe out.
OK, now I own the house and the mortgage is wiped out in the bankruptcy. Now what? Good question.
The bankruptcy judge can order the house sold and all my debtors paid from the proceeds. Or, the judge can look at the value of the house at present market conditions and just let me have it. Now that is what we have been fighting for all these years since this fraud in Florida courts surfaced.
OK, get smart. Now find an attorney and let him guide you through the foreclosure. You could still win there. But if you do not, do not cry and go jump off some bridge. Go out and have a good supper and celebrate. Then soon as the summary judgment is signed, do as I will do and go straightway and file bankruptcy. Do it. Just do it.
Not intended to be legal advice....just an opinion of what I would do.
Yes, keep all your title policy information in a safe place. If the chain of the title is dirty because the foreclosure process is later proved to have been affected by fraud on the court, the original owner may be entitled to come back and get his house. This means you will have to get out. And it also means all you did to the house will be inherited by the former owner.
For the next 100 years the dirty titles in Flordia will be subject to law suits. If you are one of those who will lose your home that you purchased in a foreclosure sale or were another person in the chain of title, you can only sue the title company and get your money back.
Do not be afraid to sue the title company. They have been warned but they want to make premium money on the policies. They do not care. So keep your title policy people. It will be your only hope if a former owner comes knocking and tells you to get out.
Monday, September 27, 2010
Does Obama care homes are being taken with fraudulent documents? Why has he said nothing? Why has he not told Holder to look into the fraud of these two government monsters?
Then add to this MERS and all its illegal and criminal conduct and Obama does nothing.
Now, why is it the Tea Party has said nothing about this? In their contract with America how come they are silent? Could it be the Republicans have no more care for Americans facing foreclosure than the Democrats?
And where is Sister Sarah Palin on all this? Why is she quiet? How come she is not speaking out on the fraud?
Friday, September 24, 2010
Many of you have lost your homes already. You are trying to move on with life. You have taken your loses and tried to start a new life. The move out of your home after foreclosure was heartbreaking. So many memories. So many times of good things. You are now trying to make it scaled down. Good for you. You have the American spirit of resiliency.
But I have news and hope for you. What would you say if I told you, you might still get your house back and maybe for free? Would you be interested?
Here's the scoop.
Many foreclosures were obtained using fraudulent documents, assignments, affidavits, and notary attestations. Maybe you did not know about it. Maybe you forgot the law suit that says they lost the note. Or maybe you thought since you were behind on your payments it was better to just let the bank have it back. So you did nothing. Well even in this case there is still hope.
Here is how it can play out. Go back and get copies of every document filed in your foreclosure. Do not miss a single page. Take them to a lawyer and have him to review them for fraud. If he has a keen eye he will pick it up. If not, just leave his office and find a lawyer who knows his stuff. Best thing is a foreclosure lawyer who represented defendants in foreclosure and has a good reputation and track record. He will be able to inform you of your legal rights and if be believes he needs to file a case against all the parties involved in the fraud on the court. A court can set aside a foreclosure, even a sale, if fraud on the court can be proven. There is no statute of limitations on fraud on the court.
What happens if someone else bought your house? Good question.
Many of the robo foreclosure lawyers who take a home away from a family are also owners of a title company business. It's right there down the hall. They take the home away from families. They sell it on the court house steps. To make the new owner feel comfortable they got a good deal, the robo foreclosure attorney writes a title policy on the sale of the home. And the new owner and any lender he has are insured to the extent of the amount of the title policy.
So what if a foreclosed owner wins in court and the home is ordered returned to the original owner? The person who bought it has to get out. What can they do? They have to sue the title company who insured the title. And the title company has to pay up. So the owner who bought the house at foreclosure gets all their money, and maybe even all the back payments. And off they go to buy another home.
In the mad rush to take all these homes in foreclosures, courts have allowed all kinds of fraudulent documents to take the home away from families. And it is this wrong, this criminal behavior a owner needs to go back and make the courts fix.
If you need real legal advice, go see a good foreclosure attorney. They can win for you and maybe, just maybe you will get a free house. Is it worth the try? Yes! You have nothing to lose and a house to gain.
Now, wipe the tears from your eyes, go to the court house and get a copy of all your file. Yes, to try and stop you from doing this, most court houses will charge a dollar a page. Just go pay it and get the copies. Make sure you get copies front and back of all documents that have a back and something on it.
Try, please try,
When you arrive here remember it is a secured building and you must pass through security. Men will have to remove their belts. Empty all things into one of the plastic containers. Proceed to the security check through. Do not make any jokes about the security or you may find yourself flat on your back being tazered and cuffed. Just go into the robo judicial HQ like a robo ot.
Foreclosure cases are now being heard on the fourth floor. Be a little early. The bailiffs will direct you.
If you are Pro Se, make sure you have filed a notice of appearance with the Clerk's office a couple weeks before your court date. It takes now a month for documents to appear in the court file.
If you are Pro Se make sure when the Judge asks who is here for the hearing, give your name and that you are Pro Se. This is the actual appearance. You will notice the lawyer will state his/her name and this is supposed to allow you to speak.
What ever happens do not show anger at the Judge. You may lose a battle but that does not mean you will lose the war.
Remember, these foreclosure courts are robo courts of lies. There is not a single judge in the Hillsborough Court system who is honest about these foreclosure frauds being brought into the Court. If you expect the court to be unbiased, you are a fool. If you expect the judge to be fair you are a fool. If you expect the rule of law to prevail, you are a fool. The Hillsborough County Court House is the house of LIES!
Fraudulent pleadings are permitted.
Fraudulent assignments are permitted.
Fraudulent affidavits are permitted.
Perjured documents and signatures are permitted.
Lies are told to the judge by plaintiff lawyers and judges who drink beer with them and snort coke are not going to rule against them.
Also, if the plaintiff files ANY motion, make sure you file a counter motion against it. If you think you can go into court against a motion and you did not file a motion against the motion, YOU ARE A FOOL. A motion that has no pleading motion against it is almost a robo rubber-stamped done deal. You may talk a little but in the end when the hammer comes down you will be ruled against in this robo court house.
Remember, you are in a court of lies when you pass through security and head toward the elevators to the fourth floor. Keep repeating it: COURT OF LIES, COURT OF LIES. For you white people, better bring a court reporter. You will fare no better than the blacks in here without a court reporter taking it all down. Plus, you will need the transcript in cases of an appeal.
If you are an African-American, you must not show up here without a court reporter to document what is said by the judge, the plaintiff lawyer, and yourself. If you show up without a court reporter, it will be like attending a KKK rally. I warn you to hire a court reporter. For one hour that is about $80.00 (you can put it on a credit card, and you must pay in advance. This is done by private court reporters. The court does not offer this service. Check the yellow pages or internet for court reporter). Call around for the best price. Then they will want another fee between $1-$5 per page for the transcript. If you have the money and can afford to video tape the hearing it makes it all the more chance you will be treated right for fear they will show up on YouTube.
I do not care if the judge is Perry Little, color means nothing in this Court House and you need to protect yourself. He cares no more about Black-Justice in foreclosures than he does about Black Justice PERIOD! If he showed Black Justice he just might have to show White justice and he would die first of a heart attack with hardened arteries then to show whites fairness in these foreclosure cases.
If the judge farts in this gas chamber, do not show any alarm. It is his gas chamber and he has a right in his own gas chamber to fart. You can always tell when he farts because the girls will always walk to the other side of the room from him pretending to do things with files. And believe me, his farts smell really, really bad! Right after he farts he usually grants a few good motions feeling better because of his constipation of the heart.
If you can afford a little video spy camera in an ink pen it would be good. Make sure you turn to get the judge's face and as many of his staff as possible.
You may have to sit in back of the court room until your case is called. Listen carefully to what the judge and others talk about. Take down notes. Try to pick up on the attitude of the judge. Pay attention to the arguments of lawyers if they go before you. Take notes. You can remain in the court room if you wish after your hearing is over. It is open to the public. If the bailiff tries to make you leave tell him/her it is a public court and you want to stay.
Parking: you will most likely not find a meter parking place. The parking lots there charge $6 per day. You can park in the City Parking garage for about $2.50 or less. If you are handicap there are usually places on the first floor. Turn left after you take your parking ticket. All others proceed up the ramp to a higher level. You can walk down the stairs or take the elevator down. Remember to take some money with you to pay when exiting.
Food: On the second level of the Robo Court House, take the escalator up, there appears to be a food court. I have never eaten there because being in foreclosure you don't want anyone to spy on you and tell the judge they saw you spending money on food but haven't paid your mortgage payment. But if you don't care who sees you in the Robo center of Lies, just go up there and get something. If you see your Robo Judge do not approach him/her. This is the realm of the Robo gods. You can only approach them in their temple. And then only when you are called. And by all means say to this god, Good morning YOUR HONOR!
After you have your hearing, and if you do not have a lawyer, you might want to get one and stay out of this den of iniquity until this foreclosure corruption has ceased and the retired senior judges go back to their homes to die with cancer and other cursed diseases of the reprobate.
Good blessings to you if you have any legal business regarding foreclosure at the Robo Hillsborough County Court House.
Now when I go there, I have to pretend I know nothing. I have to pretend I am just another dumb and ignorant man who needs to be back in Africa.
Here are the names of the attorneys that sat in court to hear this brilliant Judge examine the lead attorney for MERS:
Boby Brochin (MERS); Sharon Horstkamp (MERS), Bill Heller (MERS & Countrywide); Donna Glick (MERS & US Bank National); Marisol Morales (MERS); Barry Marcus with Morales; Elizabeth Wellborn (MERS & Plaintiff); Carlos Enriquez (Defendant); Enzo Cabera (Pro Se).
The interrogation of Judge Gordon of Mr. Brochin was a clasic. He was brilliant. Mr. Brochin used all the slimy tricks of grammar he could pull. This is shysterism magnificant at its best. Few judges have the mental capacity to see through these sham pleadings. How in God's name do they expect a defendant standing Pro-Se to even begin to oppose these liars?
I can say to all you Pro-Se litigants: get smart. Get your pleadings right. Get your affirmative defenses right. If you do not, you will go into Court and be smashed by the robo lawyers, the robo judges, and you will be trashed into the robo dumpster.
Here are the transcripts of the hearing:
Here is the Court Order on the hearing:
There are over 70,000 cases in Florida that have been foreclosed with fraud upon the court. All of these can be re-opened and a good attorney can have most of these overturned. People living in these homes would collect from their title companys who insured these fraudulent titles.
Wednesday, September 22, 2010
This woman lawyer and her staff are part of the scams and fraud of using fraudulent assignments and affidavits. This law firm is a debt collector and uses all manner of schemes to bring fraud into the court.
Read the transcript before the court which Elizabeth Wellborn attended and made appearance. Now follow the judge and the lawyer for MERS with Mrs. Wellborn sitting there and hearing it all. And she hears the judge questioning about re-establishment of the lost note. She hears the whole shebang about MERS not being an actual holder in due course. Yet this woman goes back to her office and continues to file foreclosure cases all over Florida using the very schemes the judge was telling them was not right. This woman has no virtue. This woman has no moral honesty. This woman is all about making money using any trick, scheme, or act of fraud she can get by with.
Check out this court hearing. It is in two different documents:
Now check out the court ORDER here: http://www.msfraud.org/law/lounge/MERS%20is%20a%20SHAM.pdf
To my knowledge MERS did not appeal because they did not want this case upheld on the appeal level. Because of this, few people are aware of this great judicial rendering by an intelligent Judge.
Judge Jon Gordan is one smart Judge in 2005. He has few equals now in Florida in any of the Circuits. He knows the schemes MERS and lawyers are playing on the Florida courts. He is very shrewd and keen on sorting through the fluff and the perversions of MERS attorneys. He did not fall off the turnip wagon last week. Watch as he grills the MERS attorney while the others sit there like frogs in a hail storm.
Judges, read his order and be a man of moral courage and rule like he did....
I dare you to read and try....
If you have been sued by a plaintiff and their attorney is Elizabeth Redchuk Wellborn, please know this woman is a shyster. She knows she is using fraudulent pleadings of lost notes etc.. She is a snake in a woman's body. Be careful what you say to her or her staff. This woman will eventually most likely have her right to be an attorney in Florida revoked. If she has used fraud in your case make a complaint against her to the Florida Bar.
Elizabeth Redchuk Wellborn fraud foreclosure mill needs investigated and shut down.
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer, the lawyer’s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.
(b) Criminal or Fraudulent Conduct. A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
Alright, now go and file a complaint against that Florida lawyer who knows they are participating in fraud against you.
There is no statue of limitations on fraud that has been perpetuated on the court. Even if judges knew of the fraud and did nothing as they moved through their rocket docket thousands of cases a week. Since judges, most retired crack addicts, alcoholics, and dope snorters will never themselves be arrested or brought to justice for the fraud they allowed, they sit immune from penalties. They know it. But they also know that in cases of fraud upon the court by fraudulent assignments, affidavits, that if these can be later overturned, new buyers of these properties will be protected by title insurance. The financial responsibility will be totally shifted to title companies.
Any title company that insures these titles will deserve to take the hits. The only salvation for them in case they are insuring these titles is to place an exception in the policy and place the buyer at his own risk. This may have an effect on the lenders because they will not want to loan money on a property that does not have a clean title, or at least they are not insured for the loss of any title that is not clean. They will not accept a mortgagee policy with an exclusion of a foreclosure sale.
All buyers are to beware of the properties they purchase and make sure they get a title policy. Check it for exclusions. And if a recent foreclosure is excluded from coverage DO NOT BUT THAT PROPERTY. If you buy it and a judge later on decides there was fraud on the court, and to give the property back to a former owner, you will be out on the street with no one to sue to recover any losses.
Title Companies BEWARE!
And homeowners in foreclosure: even if you lose because some retired ole coke sniffer has fixed your case with a mortgage company and you were thrown out: keep all your paper work. Keep all your case files. You could go back and get that property 5, 10, 20 years later if fraud can be proven to have occurred. And any increase in property value will all be yours. Imagine a property worth $100,000 that increases in 20 years to 1.5 million, just how big your reward MIGHT BE. It could be your retirement. So, keep all your case information. All the transcripts of your trial. All the records. Keep them all in a safe place. You may not be able to get fairness from these present judges, but in the future you may still be the winner.
Then maybe CNN will do a real story. They do not care about the current fraud on the courts by these fraudulent assignments by MERS.
Tuesday, September 21, 2010
I think we need an investigation when judges accept fraudlent assignments and affidavits. Something is dead wrong when rule of law is not exercised or allowed in the court room. Since we have this in Hillsborough County court rooms we need a federal investigation.
Sunday, September 19, 2010
Rule 1.2 African-American Foreclosure policy
(a) No black shall present to the court any evidence of fraud in respect to perjured signatures or notary attestations on any document presented by the plaintiff.
(b) No black shall be allowed to rescind any mortgage under TILA if the said black admitted in his/her answer they owed the debt, even if said black claims they were induced by acts of bait and switch at 8:30pm in their home.
(c) No black shall be permitted to speak in court if they are pro se unless they file a notice of appearance and agree not to bring a court reporter to hearings.
(d) No black shall file a motion and ask for a hearing from the judicial assistant, he/she must come in the back door of the courthouse, stick their hand through a hole in the wall, and present a signed, notarized, written request to the senior judge asking permission to ride the back of the bus and thus qualify to have a hearing date set.
(e) No black shall appeal any final orders by any white judge unless said black hires a white attorney who is trying to make a buck, and all such appeals must first be approved by the KKK chief judge of the instant circuit.
(f) No black shall claim in any court that MERS has no authority to assign their promissory note. All blacks are to understand that MERS is a private company created by government instituted agencies and can put all African-Americans in chains if they so make assignment signed by Scott Anderson.
(g) No black shall challenge anything MERS does in regard to their mortgage or note. Blacks agree to give up the right to challenge MERS for the great honor to live in the USA and in the great state of Florida.
(h) No black shall stay in their home while they fight for fairness in Florida courts. If they desire fairness in Florida courts they must move out and live on the streets to prove they are legitimate and worthy litigants. All judges shall then consider these blacks not to have taken advantage of the house in which they live, which belongs to the First Bank of Fraud (FBF), even though FBF has not had an order of repossession. Any black who lives in said house for free must come into court wearing a white patch signifying “illegal squatter.”
(i) Any black that expects any judge in Florida in the rocket docket court system to follow the rule of law shall have a statute of liberty wearing a white sheet burned in the front yard, tarred and feathered, and told to go back to Africa: that in America no black can expect law to govern the courts and big banks.
(j) Any black who dares to petition the Florida Supreme Court to make any judge follow the rule of law, shall be worthy of eviction, cancellation of food stamps and medicaid, barred from Salvation Army shelters, and his/her children cast out to the streets. Any black that disagrees with this section shall have all other rights as a US citizen revoked.
(k) All black property owners who comply with this section shall be granted life, liberty, and justice all the days of their lives in this great state of Florida and all white judges shall then sing: “Way Down Upon The Suwannee River” as the Florida National Guard gives a 21 gun salute..
(l) This section shall be law because there is no law that says these precepts are unjust and unfair.
Saturday, September 18, 2010
The court scams in Florida is the result of judges who are perverted in the first place. If we was to put a tail on these people we might catch them smoking crack or snorting coke. These are the same people who play with whores and prostitutes right in the court house. Would we really think these men who attend church from time to time would dare think they were living examples of hypocrites?
I am sure that in time, the foreclosure courts will eventually return back to a normal docket. But when they do, the rule of law will be long destroyed in these courts of shame. And when these judges die, how will they ever right the thousands they sinned against? The foreclosed owners may lose in these sham courts but rest assured these judges will not be winners in the highest court of all.
Florida courts are a sham, because most Florida judges are a sham.
If there is a judge who is not a shyster, then let him stand up and take his peers to task. Silence may be golden but it is also YELLOW!
I think it is time for judges to break the code of silence and show us there are some real men under those black robes who are not yellow.
Yes, I am a little angry, can't you tell?
Thursday, September 16, 2010
If the mortgage follows the note, and if MERS assigns the mortgage to a person who does not have possession of the note, then MERS separates the mortgage from the note.
Now if MERS never has an interest in the note which it claims on its web site, then how can it be a mortgagee of record? How can MERS have interest in the mortgage as nominee but it has no interest in the note?
Obviously, what we need are judges who will look at this, look at the orignal or copy of a note, and then rule that the only party of interest in the note is the one named on it. This means, he must dismiss the complaint with prejudice against the present plaintiff. The plaintiff can then sell the note and mortgage to someone else. And they can go back and try to perfect the chain of assignment from the original Lender to themselves, come back to court and go at it again with the defendants.
The defendants would be wise, to contact the original lender and get a notarized letter stating they have no interest in the mortgage or note that it had been sold off. Then file this in the public records at the court house. Then go file a quiet title before some other discount loan shark comes knocking to initiate another foreclosure.
Well, we gotta beat the racketeering mob of MERS and these banks somehow...
Stop Foreclosure Fraud
And have these Chief Judges in these meetings been advised how to handle lawyers representing foreclosure litigants?
And have these Chief Judges been informed to use "procedural" arguments to block motions to dismiss?
Pro Se Litigant: Your honor this complaint should be dismissed because the plaintiff has no standing. They admit in pleadings they did not have my original note or mortgage when the complaint was filed. I move this complaint be dismissed.
Attorney for the Plaintiff: Your honor we have attached to the complaint a copy of the note and mortgage. We do not have to supply the original until summary judgment. The plaintiff moves to deny this motion.
JUDGE: to the Pro Se defendant: You are arguing about procedure. I am going to deny your motion
Pro Se Litigant: Your honor my motion addresses the fraudulent Assignment of mortgage by MERS. MERS has no standing to assign my note. They may be nominee for the mortgage but not for the note. Therefore, the use of the Assignment to transfer my note into a securtized trust after the trust is closed is not legal. I move to strike this assignment.
Attorney for the plaintiff: Your honor our response is the assignment is valid. The mortgage follows the note, and since we have the original mortgage and note now in our possession, the pleading of the defendant has no merit.
JUDGE: To the Pro Se defendant: What you are arguing here is procedural. I am not going to grant your motion to strike.
Pro Se Litigant: Your honor may I add something else?
JUDGE: What is it?
Pro Se Litigant: your honor this assignment I seek to strike was created on February 3, 2009. It was not introduced into the record until July 8, 2010. Your honor, the plaintiff has since February 3, 2009 obtained another assignment from MERS dated June 4, 2010 into the name of another party said to be the successor by merger of the plaintiff. This renders the first assignment invalid and why I am pleading it be stricken.
JUDGE: Your argument is procedural. Motion still denied. I will not have pleadings in this court merely for the purpose of delaying the foreclosure. You borrowed the money, you owe the debt, I do not care who the lender is or who has the note, I am going to clear my docket and yours is one of them.
Here is what was reported on tampabay.com on October 19, 2009:
"He said foreclosure cases are rarely dismissed, and lawyers who use the tactic have little chance of succeeding. Even if the lender's case is thrown out, they almost always refile. "It's just a stall," McGrady said."
McGrady is the Chief Judge of the Pinellas county circuit.
"The judge went further. While appreciating that lawyers need to make a buck, he recommended most home owners NOT hire an expensive defense attorney if their goal is simply to postpone repossession of their house. The calendar is so jammed that many people wouldn't be thrown out of their homes for more than a year after they stopped paying their mortgage."
It is a shocking statement that lawyers are just trying to make a buck from desperate defendants. And it is shocking these judges are not following the rule of law. Where is the Florida Bar? Oh they must be enjoying another swill party where crack is passed around freely from mortgage lenders. Or where is the Florida Supreme Court in all this injustice? Can it be they have turned lady justice into a harlot selling her out to banks and lenders to help revive a sagging economy in recession?
Justice in Florida is a joke.
My respect to the lawyers defending against this corruption.
Wednesday, September 15, 2010
|Judge Pamela Campbell|
Paul C. Hoffman a defendant in foreclosure in Pinellas County had represented himself Pro Se. He was trying to work out a mortgage modification when to his surprise he learned a hearing was scheduled for a summary judgment. He knew he was out of time and the rocket docket in Pinellas County would soon litigate him (beat him up), and cast him out to the glee of corrupt lenders and Wall Street fat cats. So, he hired Mark Stopa a well respected foreclose attorney to represent him at the hearing.
On the morning of the hearing at about 8:15am, associate attorney Philip Healy went to the court house to review the case file to be prepared for the hearing to take place at 9:30am. In the court file he found already sealed and conformed copies of the final judgment of foreclosure. Now mind you this is at 8:15 and already in the court file and the staff at Judge Pamela Campbell's court are not on duty until 8am. So, you can see the summary judgment had to be already signed either the day before or several days before. The only way to know is to put the staff and the judge under oath. But who dare think of it short of judicial punishment by her replacement to avenge or requite her?
This is a case where a Pro Se defendant had his legal rights raped and violated. Now you would think the supreme chief pontiff, Judge Thomas McGrady, would come out of his den in his black robe and send Mrs Campbell home with pay pending an investigation. But no, he would not, because he already had an ax to grind with Mark Stopa because he was filing motions to slow down or stop foreclosure lawsuits. Mr. pontiff does not want defendants to have just justice in his kingdom. He wants these foreclosures to rocket through the docket and out to the court house steps as quick as possible. It is possible he believes in doing this he is exciting the recovery of the economy by putting houses back on the market. And in addition, it appears he really hates Pro Se defendants like they do over in Hillsborough County. The ex-parte beer parties where they share kingdom stories about defendant motions stinks.
Mr. Hoffman has asked for Pamela Campbell to be disqualified from his case. She needs her license to practice law revoked. But short of first degree murder of a defendant that will never happen by the Florida Bar. We would think the Governor would strip her of her appointed position and send her robe to the Goodwill box to be used for cleanup of the next oil spill. Or the Florida Bar would begin hearings to determine the sanctions she should receive. Sanctions? When is the last time a judge got his/her hands slapped in Florida?
Every Pro Se case that went before this judge in the past year should be thrown out. Any and all Pro Se defendants, even if there has been a court sale, should contact Mr. Stopa or Matt Weidner and have all this set aside. You can win even against the corrupt judges in Pinellas County Florida.
Judicial fraud will continue in Pinellas County Florida because the supreme pontiff himself needs to go and until then those controlling justice will be no more than street thugs with black robes and a hammer. Every elected judge in this county needs fired at the election box. Send them back to chase ambulances and or whine to those hurt in nursing homes to call them.
Go Mr. Hoffman..
Go Mark Stopa....
Go Philip Healy....
Defenders of justice for the little people, go out and fight!
Tuesday, September 14, 2010
The complaint form is here: http://www.flgov.com/notary
The correct address is:
Department of State
Notary Commissions and Certifications Section
Attn: Heather Slager
The Capitol, Room 209
400 South Monroe Street
Tallahassee, FL 32399
Also, send for copies of their notary applications (cost $6.50) for each person who was a notary. Then check their signature against that on the assignments and other documents. Many of these people are making scribbles on these documents and they are false.
It is time to put these people in jail.
Monday, September 13, 2010
If MERS could assign the Note, they would have to endorse it on the back as an assignor and deliver the note to the assignor. MERS cannot just make up an Assignment of mortgage and attach words that the Note is also assigned and there is no actual delivery of the original Note.
MERS has been involved in racketeering yet not a single attorney general in any state has taken this monster on.
All the assignments by MERS that try to assign ownership of the mortgage note is fraud. If such an assignment was filed in your case, enter a motion to strike the assignment and state the reasons why MERS cannot assign your note. It is not the nominee. It was not a holder in due course. It did not ever have possession of the original Note. And it did not endorse the Note on the back as assignor to an assignee.
MERS needs to be sued for damages to over 62 million Americans by the attorney generals in all the several states.
Mortgage Note Assignment
Mortgage Note Endorsements
Mortgage Note Elonges
Mortgage Note MERS
Mortgage Note Judges
WEST LAW Mortgage Notes
Blacks Law Mortgage Assignments
Hillsborough County, Florida Judge Rulings Foreclosure
Here are some sanctions imposed by other judges when MERS assignments were placed into the record and being used as the basis of foreclosure:
1.) Ordered that since the assignments were not perfected, the original lender is the only valid owner of the mortgage and the note.
2.) Ordered that since the plaintiff knew the Assignment by MERS was fraudulent because of perjured witnesses and the notary seal, that the plaintiff could not bring the mortgage note into the court.
3.) Ordered that the plaintiff's complaint was dismissed with prejudice because they were not a legal holder in due course.
4.) Ordered that the plaintiff's complaint was dismissed and gave 30 days to refile another complaint in the name of the proper parties of interest.
5.) Ordered that the plaintiff did not qualify for reinstatement of the lost mortgage and note because it had not proven its standing.
6.) Ordered that after a securtized trust had been closed, no Assignment by MERS or anyone else into the trust was valid. Therefore, any plaintiff acting as a trustee of the said assigned note was invalid.
7.) Ordered that since the note did not have proper documentary stamps on the note, the note could not be presented in court for foreclosure.
8.) Ordered that if a plaintiff was a bank or other trust, it must be registered in the state to transact business and pay the appropriate fees or it had no standing.
9.) Ordered that if a plaintiff did not have possession of the note on the date the complaint was filed, it did not have standing.
10.) Ordered that if the original note was made payable to some entity it was not a bearer instrument, and the plaintiff must have all the assignments in the chain of ownership including to itself, or it had no standing.
11.) Ordered the plaintiff to produce the original Note or it had no standing.
Judges are generally quite creative in ways to throw out plaintiffs without ruling in favor of a defendant.
Many judges believe the defendants are just trying to get a free house, when the fact is, we don't want to pay anyone except to whom we are legally indebted.
There is so much fraud in the mortgage business, and then add MERS to all of this with their perjured assignments and a system of racketeering demands arrest. But because no judge has ruled the conduct of a plaintiff or MERS as criminal and held their companies accountable, the defendant's have no recourse of justice.
We depend on the courts to right the many millions of wrongs by the mortgage industry and MERS.
Your Honor, please rule justly.
The courts are now ruling that if MERS is not the actual holder of the Note through proper assignments it cannot assign the Note to a plaintiff.
The courts are also ruling that if an Assignment of MERS claims nominee authority to assign the mortgage and note, MERS must provide proof they have an agency relationship to the original lender. If this is not produced, MERS and its Assignments are being rejected to give planitiff standings to foreclose.
US District Judge Kent Dawson in California upheld the ruling of a bankruptcy judge that the Assignment by MERS as nominee was invalid.
MERS has not appealed this ruling.
Here is what to do: File a motion to strike the Assignment if one was placed into the record. This Assignment becomes a cloud on the title and it is fraudlent. In most cases the signatures on the Assignement are false. The document is a perjured document. Now how to prove this? File a request to the state where the notary was comissioned for a copy of his or her notary application. It will contain his/her official signature. You may have to pay a fee to get the application file. Once you have this you can compare and see if the notary signature is valid. Many times the notaries are allowing others to use their seal and scribble some initials and they are not the signature of the notary. If the signature of the notary is purjured, the Assignment is invalid. Check all the witnesses signatures. Check if they are notaries. If they are get their notary files also. And see if the signatures match. Many times with MERS and OCWEN the are perjured and do not match. If you show this to a judge he will throw out the Assignment. The judge should then enter a sanction against the Plaintiff not to being any more Assignments into the court from MERS.
Fight against MERS Assignments.
Litgant, tired of being beat up by mortgage thugs
Saturday, September 11, 2010
Supreme Court, Kings County
The Bank of New York, as trustee for the benefit of the Certificateholders, CWABS, Inc., Asset Backed Certificates, Series 2007-2, Plaintiff.
Sameeh Alderazi, Bank of America, NA, New York City Environmental Control Board, Defendants.
Here is the end part of the judge's decision of MERS acting as nominee:
Plaintiff submitted no other documents which purport to authorize MERS to assign or otherwise convey the right of the mortgagor to assign the mortgage to another party.
A party who claims to be the agent of another bears the burden of proving the agency relationship by a preponderance of the evidence, Lippincot v. East River Mill & Lumber Co., 79 Misc. 559, 141 NYS 220 (1913), and “[t]he declarations of an alleged agent may not be shown for the purpose of proving the fact of agency”. Lexow & Jenkins, P.C. v. Hertz Commercial Leasing Corp., 122 AD2d 25, 504 NYS2d 192 (2nd Dept 1986). See also Siegel v. Kentucky Fried Chicken of Long Island, Inc., 108 AD2d 218, 488 NYS2d 744 (2nd Dept 1985), Moore v. Leaseway Transp. Corp., 65 AD2d 697, 409 NYS2d 746 (1st Dept 1978). “The acts of a person assuming to be the resentative of another are not competent to prove the agency in the absence of evidence tending to show the principal’s knowledge of such acts or assent to them”. (2 NY Jur
2d, Agency and Independent Contractors, 26).
Plaintiff has submitted no evidence to demonstrate that the original lender, the mortgagee America’s Wholesale Lender, authorized MERS to assign the secured debt to Plaintiff.
Thus, Plaintiff has not made out a prima facie case that it is entitled to foreclose on the mortgage in question.WHEREFORE, it is ORDERED that the Plaintiff’s application for an Order appointing referee to compute amounts due to the Plaintiff is denied with leave to renew upon proof of authority.
This shall constitute the decision and order of this Court.
Wednesday, September 8, 2010
Has anyone investigated Scott Anderson and see how well financially he is doing with others signing his name and he is not squealing?
Monday, September 6, 2010
I have some questions he may be able to answer.
Hillsborough County, Florida
Tuesday, August 31, 2010
Well check the endorsement of the note above. You can see it was Photo Shopped and then copied on the back of a note. It is not an original stamped and sign endorsement. In this endorsement, Bravo Credit is the lender and note holder. Why is it important to check the original note for these endorsements? It is because this endorsement is not original. It is copied on the back of the note. The signature is not in ink. This kind of endorsement is not valid for foreclosure. Any plaintiff who presents this kind of note will likely not be ruled to have standing to foreclose.
When a note is not perfected, and the plaintiff knows there are legal problems, they will attempt to get a backdated Assignment of Mortgage. MERS has been backdating these Assignments for years. They have been doing this fraud and getting by because few defendants know how to depose them and include them in countersuits under the Florida Deceptive Trade Practices Act. If an assignment is presented into the record, the defendant should still press to see the original note. The reason is to check the endorsement on the back to make sure it is real and not a Photo Shop copy. If the note is not properly endorsed, any assignment entered into the record must then have a chain of assignments all the way back to the original lender. If there is no chain of Assignments the defendant should move to have the case dismissed.
The original lender may nominate MERS to be nominee for the mortgage but there is no nominee language to MERS on any promissory note I have seen. So, while MERS may be nominee for the mortgage they are not nominee for the assignment of the note.
It is possible that if MERS assigns the mortgage with no authority to assign the note, they may have split the mortgage and the note and make them both unenforceable. These may be a cloud on the title and an action to quiet title later on down the road may be the way to clear this all up.
Make MERS produce a legal document allowing them to act as nominee for assignment of the promissory note.
In the case of any assignment, have a forensic done on it and check it out for any defective or possible fraudulent signatures including the notary signature. Any document even if notarized that is fraudulent is considered un-notarized according to Florida Notary law. In this case, the Assignment would be invalid if the notary signature, commission date, and the signature being acknowledged is false.
In the case of U.S. Bank National Association, As Trustee ET AL v Ernest Harpster; Pasco County, Florida: Case No. 51-2007-CA-6684ES, presiding judge Lynn Tepper granted defendant's motion to dismiss with prejudice because the plaintiff tried to introduce a fraudulent Assignment of Mortgage created by MERS. The judge as a sanction prohibited the plaintiff from presenting the alleged promissory note to the court (March 25, 2010).
Hillsborough County Pro-Se Litigant
Friday, August 20, 2010
Before you file your answer, or as soon as you can, copy the heading of the law suit against you and then add the following:
TO THE CLERK OF THE ABOVE COURT:
You will please enter our appearance of record Pro Se as Defendants in the above styled cause.
Dated this _______ Day of _______________, 2010
John Doe Public
Mary Doe Public
Certificate of Service
The undersigned certifies that a copy of the foregoing was served by U.S. Mail to XXXXXXXX X XXXXXXXX, P.A., Address ____________________________, Date: _____________________
Attorney for Plaintiff
Name of Defendant
Make three copies of the first page.
Make one copy of the second page.
Sign the second page in blue ink.
Copy the signed page twice.
Staple the original signed page to one of the first pages, this will be filed in the Court records.
Staple the copies of the signed page to the other two first pages. The clerk will stamp these to show you filed the original.
Mail one of the stamped copies to the plaintiff's attorney.
Keep the second copy for your records to show the judge you have a right to speak at all future hearings and trial.
The above is only sugestion. It is not an attempt to practice law. It is not an attempt to give legal advice. It is only a form to be used and modified by thge public. The same form can be arranged to be used in Federal bankruptcy proceedings and with the bankruptcy file a notice of appearance if need be. Ask. Make sure you are not going to be prohibited from speaking in court if you have not filed a notice of appearance. Call the judicial assistant to the judge and ask her or him.
Lit gant, a person who had to run between two rows of men who beat him with clubs.
In Hillsborough County Court Pro Se get beat by the hammers of the judges and the plaintiff attorney club.
Wednesday, August 18, 2010
First, take a look at the date of the certificate securities such as Trust 2007-HE4 or 2006-HE4 etc. Take a notice of the year. What does this mean? It means the mortgages in this Trust are held by a custodian for the Trust, against which the security was sold to an investor was created and closed in that year.
If the Trust has 2006 as the year date. It means the mortgage instruments are in the Trust and the Trust was closed by the end of the year 2006. There is however a real date when the Trust was closed. You will want that date.
Once the Trust is closed, it is now a question of legality how a mortgage can be transferred by assignment into this Trust.
For instance: in the case of Bear Stearns Asset Backed Securities 1 Trust 2007-HE4 Backed Certificates, Series 2007-HE4, April 30, 2007 was when the Trust was closed. All the mortgages securing the Certificates were in the Trust. Once in the Trust all payments of the mortgage to a servicer, eventually after fees are deducted, is transferred to the Trust. The Trust collects the payments and makes disbursements.
Now what if a mortgage and note are lost before they are actually in the Trust?
What happens if all the Trust and the custodian had were copies of the mortgage and the note because the original was never really assigned to the Trust?
What happens if the original note is not endorsed in blank by the original lender but by someone else?
What happens if there is no allonge from the lender to the blank endorsement by a person not named on the note?
What happens if there is a default of the mortgage by failure to make the payments and the plaintiff alleges lost note and makes request for reinstatement?
The law is specific in Florida that a plaintiff seeking to foreclose must have the original note on the date the foreclosure complaint is filed. And if they have lost it, it has been accidentally destroyed, etc. etc., the plaintiff MUST PROVE it had possession, custody, and control of the note when it was lost, destroyed, etc. etc.
Here is where MERS and other plaintiffs fabricate false affidavits from alleged custodians of the trust, who claim under oath they saw the original note and mortgage, knew it was in the trust, and certify the plaintiff's had possession at some time in the past. But these custodians NEVER say how the note and mortgage got lost? They cannot testify to this. And few defendant's depose these custodians and take testimony and bring them into court and place them under oath. So many judges in Hillsborough County accept these affidavits as proof the plaintiff has standing.
Now what happens if they cannot prove they had the note at the time they filed the foreclosure action? What happens if they cannot prove they ever had the note?
If MERS is the nominee for the original lender, the Plaintiff will call MERS and ask for them to make an assignment of the mortgage together with the note and other rights, and place the date the Trust was closed as the first date on the assignment. MERS will then fabricate an assignment of mortgage to the Trust via its Trustee bank or mortgage company. The assignment is notarized, which in many thousands of cases is fraudulent. Then the assignment is filed in the public records.
Now the legal question is: can MERS assign a mortgage into a securitized Trust after it has been closed?
Can the plaintiff claim such assignment places the mortgage into the securitized Trust?
Can such assignment be used to show the Plaintiff now has standing?
What of the alleged default of the mortgage payments that plaintiff uses to accelerate the mortgage? If an assignment grants the mortgage into a Trust, and the Trustee now claims ownership of the mortgage and note by assignment: does this mean the mortgage cannot be in arrears to the assigned holder, because the date of the foreclosure action would not be that many days after the assignment?
Judges in Hillsborough County Florida do not care about the illegal scams being pulled against litigants. They are treating foreclosure victims like scum. They want them out of their court room and are rubber-stamping motions for summary judgment.
In a case I witnessed, a Pro Se defendant was called to the bench. The judge punched the telephone and said: "who do we have here." A woman answered and identified herself as attorney for the plaintiff. The judge then asked her about her motion to dismiss and the woman then went of a two minute spill of why the defendant's answer and affirmative defenses should be stricken. Three minutes remained in the hearing. The judge then asked the defendant to respond. The defendant objected to the motion to dismiss because the note had not been reestablished and the plaintiff had no standing. The judge raised his eye brows and nodded his head side to side. 30 seconds were now gone. The judge asked the lawyer if she had other comments. She replied yes and went on for another two minutes. 4.5 minutes are now gone. When she finished the Pro Se defendant ask the judge: "your honor do I get to respond?" The judge replied: "no" I read this case last night and I have already made up my mind." He then ordered the answer, affirmative defenses stricken, and the defendant's quiet title counterclaim dismissed. He told the plaintiff's attorney to draw up the order and send it to the court. He then addressed the defendant: "you need to go hire an attorney." You have 30 days to refile your answer and affirmative defenses."
This is mortgage boiler-room court-room justice in Hillsborough County, Florida.
I guess for Pro Se defendant's the question is if a plaintiff has standing on any motions if the note has not been reinstated?
Second, does an assignment of mortgage into a trust give the plaintiff standing to foreclose and or make motions?
If an assignment of mortgage was made in your foreclosure case, you need to fight this any way you can. The plaintiffs and the courts in Hillsborough County, Florida will not give you a fair day in court.
Tuesday, August 17, 2010
I am sure also, that in a bankruptcy in Florida, if the original note is not produced with the doc stamps on it, no Federal Judge WHO IS HONEST, will allow a plaintiff to lift the stay, or be effective to take the property and sell it.
In Florida, an out of state Bank must pay a fee to do business in Florida. No out of state bank who is not licensed in Florida to do businesss, can bring a foreclosue until it pays the state fee. Research this and make sure it is brought up in the initial pleadings. You cannot bring up stuff like this after the train has run.
Saturday, August 14, 2010
Michael M. SOMMA, Appellant/Cross-Appellee,
METRA ELECTRONICS CORP., etc., Appellee/Cross-Appellant.
No. 98-1774.District Court of Appeal of Florida, Fifth District.
February 12, 1999.Eric W. Ludwig of Eric W. Ludwig, P.A., Altamonte Springs, for Appellant/Cross-Appellee.
Melissa Clark Daley of Melissa Clark Daley, P.A., Tampa, for Appellee/Cross-Appellant.
The dispositive issue raised in this action to enforce a promissory note is whether the trial court was required to dismiss the action once it was established at trial that the plaintiff had failed to pay the taxes due on the note. We conclude that the trial court should have dismissed the action because a promissory note is not enforceable in any Florida court until the requisite tax due on the note is paid. See § 201.08, Fla.Stat. (1997). Accordingly, we reverse the final judgment entered below.
Well, all you Hillsborough Pro Se litigants make sure you bring up the payment of the taxes in your pleadings.
Friday, August 13, 2010