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Tuesday, August 31, 2010

Promissory Note Fraud

Many times the endorsement on a promissory note is fraudulent. It takes a careful eye to catch it. Look at this endorsement in blank from Bravo Credit. When an endorsement is like this in blank, the note becomes a bearer note and who ever holds it owns the debt. Many lawyers do not want to produce the note because the endorsement (s) are copied on the note way down the chain of holders in due course and are not real signatures. When a lawyer for the plaintiff in a foreclosure knows or suspects the endorsement is invalid, they will seek the plaintiff to acquire an assignment of mortgage and include in it the promissory note. In this manner they do not have to PRODUCE THE NOTE.

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

Florida Notice Of Appearance

When served in Florida with a complaint (suit), if you are going to represent yourself Pro Se, you must file a notice of appearance in the court records of your case. Failure to do this will not allow you to speak in court in opposition to motions made by the plaintiff against you. A judge may listen to you, but he will likely look at you with beaming hate and then slam down the hammer and rule against you.  Two things in Hillsborough County court they do not like: 1.) those who do not answer a complaint within the 20 day window of opportunity; and 2.) those who do file but represent themselves Pro Se.

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:




         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


Telephone Number

By __________________________

By __________________________


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
Attroney name
Attorney Address

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

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

Assignment of Mortgage Into A Secured Trust

MERS, OCWEN, and other mortgage servicers are fabricating assignments of mortgage to Plaintiff banks and mortgage companies who are acting as trustees of the registered holders of the securities.

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.

Lit Gant

Tuesday, August 17, 2010

Hillsborough County Court Judges Unfair To Pro Se Litigants

No one can foreclose a mortgage in Florida until the doc stamps are paid on the original note. The original note must have the doc stamps afixed on it. So, the plaintiff foreclosing is forced to produce the note, get the doc stamps on it, and then bring it to court and prove the doc stamps are on the original note. Doc stamps do not work on a copy of the note.

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.

Lit Gant

Saturday, August 14, 2010

727 So.2d 302 (1999) Somma v Metra

727 So.2d 302 (1999)

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.
Lit Gant

Friday, August 13, 2010

Banks Produce Fradulent Paper Work In Hillsborough County Courts

Banks and lenders are putting all manner of fradulent assignments and affidavits in their pleadings in Hillsborough County Courts and not a single Judge has torn his black robe off and gotten mad. Instead, every single Judge in the 13th Circuit has allowed these perjured documents to be used knowing they are illegal. Why are they doing this? It is because the Florida Bar has not developed any manner of professional conduct for these Judges in regard to these illegal documents. The Florida Bar will not accept a complaint against a lawyer Judge who permits these fradulent documents. They are above the law. If you are a Pro Se litigant you are in for a shock when you go before any Judge in Hillsborough County. They hate Pro Se defendants. Consider of the thousands and thousands of foreclosure cases in Hillsborough County and not a single Pro Se defendant has been successful to defeat the banks and lenders opposing these perjured documents.  In fact, I do not know of a single case in Hillsborough County where a defendant has won against these false documents.  In Pasco County there was one case where a Judge deserved his black robe. He ruled the perjured assignment used in his Court would be denied. He then sanctioned the plaintiff with not being about to bring the note into the court.  There needs to be an investigation into these Judges and see why they are not angry about the use of these false assignments and affidavits being used as pleadings.

Lit Gant