CONSUMER ACTION REQUIRED NOW!!! Banks Try for Amnesty at State level in Florida

Editor’s Note: Matt hits the nail on the head so there is no need to do a whole essay on the problem — just read his piece shown below. The Banks are getting itchy because like the economic crash they see a political crash coming. The Florida legislature is looking to “expedite” foreclosures. Republican controlled it is more likely that the banks will have their way with them — unless you do something NOW!

The whole premise, as Matt points out, is completely wrong. The problems with the pace of foreclosures is not that there are dilatory tactics being used by borrowers. In fact in many cases, it is the borrower who is more aggressive than the forecloser in pursuing an end to the case. The length of time it takes a process a foreclosure is caused by the illegal paperwork submitted by the banks. And the reason why they need to resort to doing something illegal is that they already did something illegal and are trying to cover it up.

If a borrower actually owes money on a loan, it should be clear in any setting how much money is owed to each stakeholder. The Florida legislation ignores this basic premise. AND if the paperwork was procured by fraud in the inducement, fraud in the execution or forgery followed by perjury of a “witness,” then nobody should be surprised why it takes so long. Requests for discovery are met with stonewalling. Before the mortgage meltdown, the lender would have been only too happy to lay down everything in their books and challenge the borrower to admit or deny it.

If it wasn’t for the deficient debts, notes and mortgages, the courts would not be clogged with foreclosures that should never have been initiated. Disclosure of the receipts and disbursements from an identified creditor (and their agents) who has proof of payment and proof of loss would end the foreclosure mess in a flash. But the banks refuse to do that because they can’t come up with a credible injured party with standing and they don’t want to reveal how much they took out of the flow of money advanced by investors in a PONZI scheme.

If you really want to stop foreclosures then pass a law that merely encapsulates what is already law in evidence, procedure, real estate and contracts — identify the creditor, show proof of payment, show proof of loss, proof of default to the CREDITOR and show documents that link up the borrower with the party who is injured.

Proof of loss and proof of payment can ONLY be established by producing a witness providing foundation for a copy of the wire transfer receipt or cancelled check. This is essential unless we are going to have two trials — one whether the foreclosure is valid on its face and the other whether the initiator of the foreclosure is a creditor (injured party) and the extent to which they were injured — or else they can’t submit a credit bid at the foreclosure auction.

If those conditions precedent to filing for foreclosure are required, either the borrower will drop out when those items are produced and alleged in the foreclosure complaint, or the case will not be filed at all. Case Over.

Send your email or letter now and by the way, send a copy to AG Bondi.

Posted by Matthew Weidner, Esq.

Every citizen who cares about justice, public policy and the rule of law should take an interest in what’s happening in Tallahassee.

The Florida House Subcommittee on Civil Justice will hear, and will likely pass, House Bill 87, a bill that aims to speed up foreclosures.  CALL THESE MEMBERS NOW AND URGE THEM NOT TO SUPPORT THIS BILL! This bill is wrong for many reasons, but let’s start first with the premise upon which it is founded….a premise which is totally false and misleading:

As a preliminary matter, public policy decisions should not be made relying upon data and information from industry sources, particularly when the methods and meaning of said data is not revealed.  In the house report on House Bill 87, they cite heavily to RealtyTrac data and other data which is not properly explained or put into proper context.  For instance, the report reads:

The average length of time between the first foreclosure filing and bank repossession is 853 days.

This statement ignores the fact that the primary reason for banks not completing foreclosures is the federal lawsuits into their crimes and wrongdoing and the related holds.

The banks, either because of the litigation or for their own business purposes are reviewing many more files for modification than before and many of the foreclosures that are “stalled” are not moving because the homeowner is in a long term modification.  A foreclosure case that has a loan that is in modification will just be “stalled” out, not moving at all in court, but this is not at all reflected in the case progress.

Current law provides for an alternative procedure that is designed to speed up the foreclosure process in uncontested cases or cases where there is no legitimate defense.

This is correct, there already exists an expedited procedure that the banks could use if they chose to….but they are choosing not to….and they cannot be forced to use this process.  Currently there are a significant portion of the foreclosure caseload for which the homeowner has not responded.  In these cases, a bank could move for judgment and get title in a matter of 60-90 days.  Before voting on this bad bill, members should consult with their chief judge and find out what percentage of cases currently pending could be quickly moved to judgment because it is investment or abandoned property or property for which no homeowner has responded to the lawsuit.

If the property is not residential real estate, the plaintiff may request a court order directing the defendant to show cause why an order to make payments during the pendency of the proceedings or an order to vacate the premises should not be entered.

This already exists in statute, but it is not being used.  Why add to a statute that the industry chooses not to use?  What percentage of current foreclosure filings in a circuit use this process currently and why has it not been used?  Why add a companion to this existing if the industry does not use it?

Provides finality of a mortgage foreclosure judgment for certain purchasers of a property at a foreclosure sale while allowing for damages in some instances.

The title insurance industry was more than willing to accept premiums knowing full well that many of their agents were engaging in improper conduct.  To allow the title insurance industry to evade their existing contracts and responsibilities to policy holders is misguided. And you cannot replace property which is unique, with any amount of money. This is a backdoor bailout to the title insurance industry and it rewards conduct that was either criminal, reckless or grossly  improper.
Amends the expedited foreclosure process to allow all lienholders to use the procedures, instead of just the mortgagee; reduces the number of hearings from 2 to 1; and prohibits service by publication when using the expedited process, unless the property is abandoned.

Only a party who initiates the litigation can make that litigation proceed.  There is no way that a junior lienholder can force the primary plaintiff to proceed with their case to judgment if they choose not to.  It is the Plaintiff’s case to proceed as it choose, and the existing law and court resources permit them to do so.
Allows any party to request a case management conference to expedite the lawsuit.

Any party to litigation may already demand that a court have case management, and the courts will do so…the court already has resources and the law gives them tools to move cases along.  And while a party cannot be forced to take a judgment, a judge can impose sanctions or enter orders that move cases toward resolution…..IF THAT’S WHAT THE PLAINTIFFS WANT!

Defines adequate protections where there is a lost, destroyed or stolen note.

The Uniform Commercial Code, adopted across the United States, and in Florida already provide protections.  This is totally unnecessary

Florida has the largest share of foreclosure inventory of any state in the nation, with 305,766 properties in some stage of foreclosure or bank-owned as of the end of 2012.1 Seven of the top 10 highest foreclosure markets in the nation are in Florida, with Palm-Bay-Melbourne-Titusville having the highest rate of foreclosure of any metro area in the nation.2
Foreclosing on a mortgage in Florida is an unusually long process. Florida trails only New York and New Jersey in terms of the length of time between the first foreclosure filing and bank repossession, at 853 days. The national average is less than half that, at 414 days.3.

Relying on all this data from RealtyTrac, which data is not adequately explained and which contains other factors and reasons should be disfavored.  Our state policy makers should only rely on data that comes from our judges and from Clerks of Courts.

Upon proper notice of default to the defendant, the mortgage servicer files a foreclosure complaint, which must allege that the plaintiff is the present owner and holder of the note and mortgage, [Editor's Note: what happens if the allegation is made but the borrower denies it?]

Unfortunately, the underlined statement is wrong….the appellate courts across this state have made a disaster of the distinction between Owner and Holder such that it is not uniformly required anymore…this is a major problem….but this legislation does not address this….if the legislation were to change making that element a requirement would be positive

This bill is just wrong in so many ways, and making policy decisions based on flawed, and unclear data just makes no sense….call your representative and tell them to reject the bill.

ANALYSIS HERE

Email Them Here:

Larry…@myfloridahouse.govBill….@myfloridahouse.govCynthia….@myfloridahouse.govJim….@myfloridahouse.gov,Mike.Clelland@myfloridahouse.govDaniel.Davis@myfloridahouse.govTom.G…@myfloridahouse.govJose….@myfloridahouse.gov,Kathleen.Passidomo@myfloridahouse.govJose.Rodriguez@myfloridahouse.govRoss….@myfloridahouse.gov,Charlie.Stone@myfloridahouse.govJim.Waldman@myfloridahouse.gov

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56 Responses

  1. Well…speaking for myself and not for others…but living in Florida I must say it is so corrupted …..the orange blossom fragrance is gone…another smell has taken its place…and don’t say move..I did not ask for any opinions…But when one reads of other State Supreme Courts rulings concerning foreclosures like the Michigan Supreme Court: Holds that JP Morgan Chase did not aquire WaMu loans from FDIC by Operation of Law is required to prove Ownership through evidence…(Schedules do not exist) . Compare that to Florida’s HB87 Bill…and what Matt Weidner has posted by Chip Parker…a well known top attorney in Florida…it is disgusting that this Bill is to take away all the homeowners rights…along with putting the Burden now on the victim….while the criminal stands and does not have to prove a damn thing…nothing has to be proven by the fraudsterbankers…and no discovery….and there is more to it…So I must say that I do understand those who complain of Ivent/Stripes …it just may be the repeating..BUT I for one knew where she was coming from and where she is/was going…at my elder age I have had many years to follow this government and not only on surface…and Stripes speaks for others who have no knowledge of lies and deception because it all was done thru disguising….Now Florida falls victim not only on the foreclosures but the complete court system has failed the people…and the Repuke legislators are disgusting….the foreign rules and laws are the cancer that has taken over this state…that smell I spoke of,,is the smell of evil…we must fight all of this..petition..e-mails..phone calls..letters..mass mobs on the streets, Court Houses…Capitol in Tallahassee..bank buildings…everywhere…silence has gotten us nowhere……let’s be heard……..

  2. JG….Just a quick look on google at this wee hour in the morning…. http://tawebster.wordpress.com/2010/08/22/fl-bankers-assoc-says-originals-were-destroyed/ this may be a start for you to look further…hope this helps……

  3. JG….No I don’t have a link on paper notes being destroyed in favor of electronic versions…I live in Florida and remember when this was all said and done…I know my daughters lawyer has even mentioned this in court filing…I will google it and see what I find..BUT that is what was told by the Bankers Assoc. to Supreme Court when they wanted Florida non-judical…we are judical…it irked the bankers to have to prove with original note….

  4. @JG

    google florida bankers association comment letter to florida supreme court taskforce on foreclosures. Next read comments to sec 16 of the Uniform Electronic Transfer Act. What you will realize is that the bankers scanned or imaged paper based notes into what they considered the electronic equivalent. It was this electronic equivalent document that was sold into the secondary market. Rights to the loan proceeds were transferred without negotiating the paper based note. This is a glorified factoring scheme whereby the person holding the paper note has sold its rights using an electronic version of the paper. Two competing documents, whether electronic or paper based, cannot both confer rights to the same loan obligation. If the lender sold an electronic equivalent document, it has already realized the value of the paper. Why is the paper note holder trying to double dip by making a claim for relief when it can no longer suffer economic damages from the borrower’s conduct?

  5. No one signed or agreed to a contract to do business with these criminally deceptive, wealth destroying credit whores AKA……THE FEDERAL RESERVE BANK OWNERS.

  6. Nothing will ever change the truth….. The day they entered UNINDORSED NOTES UPON THE COURT RECORDS……THAT MEANS FOREVER, THEY WILL HAVE TO PROVE ACCEPTANCE & CONSIDERATION….& THEY CAN’T BECAUSE ALL THEY DID WAS SWAP CREDIT SLIPS AND THAT IS HOW THEY DESTROYED THE VALUE OF OUR PROPERTY…..AND THAT CRIMINAL ACT OF CREDIT SWAPPING DID NOT COST THESE CROOKS A RED CENT…..BUT MADE THE CROOKS GAZILLIONS….IT’S CALLED COUNTERFEITING, FRAUD & FORGERY UPON PRESENTMENT …

  7. Our ignorance is bliss for these crooks right JG…? THEY ARE LIARS…..! They don’t have A NOTE…….If they did, they would have recorded the LEGAL ASSIGNMENTS ….WHERE ARE THE UCC FILINGS WITH THE STATES…..? THOSE ARE NOT DONE ELECTRONICALLY ….. Manufacturing an electronic paper trail after the Origination Fraud occurred is FELONIOUS & CRIMINAL…..

  8. @marilyn – Do you have a link to the testimony about paper notes being destroyed in favor of their electronic versions?

  9. We will see who is too far gone when the American people finally wake up and realize they are cooperating with their own worst enemy on a daily basis and they stop cooperating.

    The day the American people really wake up and forget their imaginary fears and BOYCOTT everything and REVOLT on ALL OF THE TAX FRAUD…..AND DECIDE TO STAY HOME. Then the party is over for the dictators who have hijacked us because without the American people participating, the TOTALITARIAN GLOBAL GOVERNMENT CORP IS OUT OF BUSINESS…..then you commie trolls and all of the commies get shown the door…BECAUSE THESE COMMIE CROOKS DO NOT PAY FOR ANYTHING…..WHEN WE STOP PARTICIPATING IN THEIR CRIMINAL PONZI SCHEME TO ROB OUR WEALTH IN ORDER TO CONTROL US…..THE COMMIE CORP IS OUT OF BUSINESS….

    The only correction for this totalitarian takeover is for the American people to stop participating, complying, conforming and cooperating with tyrants……TAKE OUR MONEY OUT…..SUE THE FED AND ABOLISH THEM..&…ISSUE OUR OWN CURRENCY AS THE U.S. CONSTITUTION REQUIRES.

    THAT IS THE ONLY WAY FOR A NATION TO BE TRULY FREE IS FOR THAT NATION TO COIN & ISSUE ITS OWN CURRENCY…..

  10. 4closed30kids,

    We tried. Some of us even had a real talk with the woman. Too far gone.

  11. Only an insult if I thought this person had the mental capacity to understand what is going on. This person obviously is hurting and crying out for help, please if you know Stripes, step up before he/ she hurts them-self or someone else.
    Stripes I know you think you are talking/ coming from a place of wisdom, in-fact you need help. Reach out have the courage to get help.

  12. Christine whines….”Just waiting for her to piss off the wrong person.” You have the mentality of a complete moron a gangster and a totalitarian dictator…..you are a mental midget whose only method to try and control is to try and intimidate by preying on peoples fears….it is the most severe form of abuse…. it is called psychological abuse….it is terrorism. I am not afraid of the boogeyman Christine…..the boogeyman lurks in the shadows and uses agents of fear to try & intimidate because it is a stupid coward. It uses peoples lack of knowledge and money to disarm peoples mental abilities and physical abilities to free themselves …..

    I know the truth, therefore, I do not believe lies…….if you have nothing to hide, you have nothing to fear. I have nothing to hide therefore, I do not fear. You can’t touch US….but just in case, we have our weapons ready & waiting for you…Frankly, the place is a landmine and it has snares & booby traps hidden everywhere …. Why….? THIS IS OUR HOUSE…..THE PEOPLE HOUSE….WE PAID FOR IT….&..IF YOU GLOBALISTS DON’T LIKE IT….GET OUT. Or we will shoot your lying asses full of lead…

  13. SHOVE YOUR FAKE TERRORIST THREATS QUEEN OF MEAN CHRISTINE….I AM NOT INTIMADATED BY YOU……..YOU AND YOUR GLOBALIST MINIONS & CRONIES HAVE NO LEGAL RIGHT TO FREE SPEECH….MONEY….PROPERTY ….LIBERTY OR ANYTHING IN THE UNITED STATES…..OUR CONSTITUTIONAL REPUBLIC…..WHY?……YOU ARE A FOREIGN TOTALITARIAN DICTATORSHIP DOING BUSINESS AS AN AMERICAN INSTITUTION ON U.S. SOIL….YOU ARE A DECEPTIVE FRAUD & A CRIMINAL ENTERPRISE ….NOT YOU NOR YOUR DEBT CARTEL CAN LEGALLY TOUCH ME OR ANY NATURAL BORN AMERICAN CITIZEN ON U.S. SOIL…

  14. 4closed30kids,

    You have it. The imbecile never talked to you, doesn’t know you, knows nothing about you but still manages to insult you for daring to use your free speech and object to her constant imbecile, thuggish, immature bullying.

    Just waiting for her to piss off the wrong person. It is bound to happen…

  15. The bank owners are secretly defrauding US, robbing US, and debauching our currency….because too many Americans believe their LIES……

  16. Chrisine calls drowning in her own sewage… a quadrillion dollars in credit fraud having the world at her feet……I call it more sadistic fantasies of the totalitarian bank owners and all of their cohorts & minions. The truth is, The bank owners really believe their own lies and want all of US to believe them……don’t believe them, they will steal your soul if you let them and, along with that, they will steal every single thing that you own and all of your legal rights that protect your freedom & liberty and replace that with SOCIAL JUSTICES FIXES FOR ALL OF THEIR CRIMINAL FRAUD THEY COMMITTED IN OUR NAMES WITHOUT OUR KNOWLEDGE OR CONSENT….THOSE SOCIAL JUSTICE FIXES FOR ALL THEIR FRAUD WILL BE MAINLY IN THE FORM OF RE-SOCIALISM……NEW TAXES…..SUCH AS A WORLD TAX…..HIGHER TAXES……LOAN MODS & REFIS…..FED MONETARY POLICY WHICH THE BANK OWNERS CONTROL BY INVESTING……AND CAUSES INFLATION/DEFLATION……IT IS SNEAKY & DECEPTIVE……IT IS CALLED DEFRAUDING….DEFRAUDING IS A METHOD OF ROBBERY THAT IS USED TO BANKRUPT THE AMERICAN PEOPLE BY SECRETS, LIES & DECEPTION AND IT IS CRIMINAL…

  17. NO ONE CARES WHY YOU DON’T COME HERE YOU PHONY & FAKE 4CLOSED FEDSTER TROLL….DON’T BELIEVE THE BANK OWNER TROLLS AMERICA…..INVESTMENT & INDORSEMENT IS NOT OWNERSHIP, BECAUSE WE THE PEOPLE PAY FOR EVERYTHING UPFRONT…..DON’T COMPLY, CONFORM OR COOPERATE WITH TYRANTS & NEVER EVER GIVE UP YOUR LEGAL RIGHT TO YOUR FREEDOM……YOU PAID FOR YOUR INDEPENDENCE FROM THESE TYRANTS ……YOUR LEGAL RIGHTS TO LIFE, LIBERTY & PROPERTY ARE PROTECTED UNDER ALL OF THE LAWS THIS LAND & THE U.S. CONSTITUTION & THE U.S. BILL OF RIGHTS, THE SUPREME LAW OF THIS LAND SECURES OUR LEGAL RIGHT TO DEFEND OUR LIFE, LIBERTY & PROPERTY ……WE THE PEOPLE OWN THIS PLACE…..NEVER GIVE UP YOUR GUNS…

  18. Hummm…now I remember why I quit reading the comment part of Niels blog, there is a lot of babbling going on here that is off point. To bad this continues, there has been a lot of time and energy by Neil / staff and a lot of hurt home owners / investors that need this information to be clear. Thank you to all of you that take the time to think things thru and stay on point.

  19. Blah blah blah blah blah. All caps doesn’t mean smart… quite the contrary.

    Gorgeous day. Gorgeous life. The world at my feet. What a wonderful life!

  20. I PITY YOU TRAITORS AND FOREIGN INVADERS…A REAREND FULL OF LEAD IS NOT PLEASANT…AND EITHER IS THE DEATH PENALTY FOR ACTS OF WAR ON OUR CONSTITUTIONAL REPUBLIC AND ACTS OF HIGH TREASON….

  21. RESTISTANCE IS A MOST PATRIOTIC FORM OF REVOLT…AND IT IS NOT ILLEGAL OR CRIMINAL….

    HOWEVER, WHAT YOU CROOKS ARE DOING IS UNCONSTITUTIONAL AND ILLEGAL UNDER ALL OF THE LAWS OF THIS LAND….&..YOU CRIMINALS ARE IN DIRECT VIOLATION OF U.S.,AND COMMON LAW, AND THE STATE AND FEDERAL LAWS OF THIS LAND…

  22. Keep living in the past. Posting denials in all caps doesn’t give you brains. All it does is confirm how much you will suffer from your stupid resistance to the unavoidable and how obnoxious you are. It is your choice. I pity you and your own.

  23. CHRISTINE……NO ONE WHO KNOWS THE TRUTH CARES WHAT YOU FOREIGN INVADERS & TRAITORS THINK…. YOUR OPINIONS ARE NOT CREDIBLE BECAUSE YOU ARE THE ENEMY….THE DEVIL IS DISGUISED TO SOME.. BUT NOT TO EVERYONE…..THIS DEVIL I AM SPEAKING OF IS IN THE FORM OF TOTALITARIANISM …..COMPLETE FRAUDULENT CONTROL…….

    THE TRUTH IS….YOU CAN’T WIN IF YOU ARE EXPOSED…..YOU TOTALITARIAN MAGGOTS HIDE FROM THE LIGHT OF THE TRUTH AND DIE THE SLOW AGONIZING DEATH YOU DESERVE WHEN YOU CAN’T HIDE FROM THE LIGHT OF THE TRUTH……..YOU WITHER & DIE…..

    THESE REVELATIONS OF TRUTH ARE THE WAY, THE TRUTH & THE LIGHT …… THERE IS A PATRIOTIC SIDE TO EVERY AMERICAN…..NO MATTER WHAT YOU TYRANTS BELIEVE…..

    MONEY CAN’T BUY YOU LOVE ….. OUR LOVE IN THE UNITED STATES OF AMERICA IS OF GOD & COUNTRY…..OUR CONSTITUTIONAL REPUBLIC……

  24. This war for our freedom, liberty and independence, our Constitutional Republic has been secretly raging since we won the first war against the bank owners. When they can’t win the war with weapons, they try to win the hearts and minds of their victims, then they go our weapons….NEVER GIVE UP YOUR GUNS, LIBERTY OR FREEDOM, AND INDEPENDENCE…

    REMEMBER…CITIZEN MILITIAS WON THE REVOLUTIONARY WAR AND IT ALL STARTED WITH THE TEA PARTY…THE CITIZEN REVOLT ON TAXES BY THESE SAME TYRANTS.

    NEVER LET THE BANK OWNERS MAKE YOU BELIEVE THEY OWN ANYTHING OR ANYONE…THEY DON’T,,,,BECAUSE WE THE PEOPLE OF THE UNITED STATES OF AMERICA ALREADY PAID FOR EVERYTHING UPFRONT….

    WE THE PEOPLE ALREADY FOUGHT FOR AND WON OUR FREEDOM & LIBERTY…..OUR INDEPENDENCE FROM THESE BANK OWNER TYRANTS…THAT IS WHY WE HAVE A CONSTITUTION AND A BILL OF RIGHTS AND THAT IS WHY THEY WISH TO DESTROY IT….WE ALREADY HAVE A RULE OF LAW, THE TYRANTS ARE USING TRAITORS FROM WITHIN TO OVERTHROW IT…..

    WE HAVE A LEGAL RIGHT TO BEAR ARMS IN CASE THESE BANK OWNER TYRANTS OR ANYONE TRIES TO OVERTHROW OUR CONSTITUTIONAL REPUBLIC…..THEY NEVER STOP TRYING TO STEAL OUR CONSTITUTIONAL REPUBLIC FROM US….

    AMERICA WAS FOUNDED ON THE PRINCIPALS OF FREEDOM AND LIBERTY FOR THE NATURAL BORN CITIZENRY…..THAT IS WHY SO MANY COME HERE TO BE FREE FROM THESE TYRANTS….THE UNITED STATES OF AMERICA IS A LAND OF LAWS THAT PROTECT THE NATURAL BORN CITIZENRY…..

    THEREFORE, IF THE CONSTITUTION , OUR LEGAL RIGHTS AND THE RULE OF LAW ARE NOT BEING UPHELD, BECAUSE OF FOREIGN INVASION, TRAITORS FROM WITHIN , OR BOTH, THE U.S. CONSTITUTION TELLS US AND HISTORY TELLS US THE PEOPLE MUST REVOLT…..AND OUR CONSTITUTIONAL REPUBLIC MUST BE RESTORED TO ITS ORIGINAL FORM…..DO NOT BELIEVE THE LIARS WHO TELL YOU WE ALREADY LOST…THEY ARE OUR ENEMIES. AND THEY ARE BOTH FOREIGN AND DOMESTIC…….WE THE PEOPLE MUST STOP COOOPERATING WITH THESE TYRANTS AND WE MUST REVOLT UNTIL OUR CONSTITUTIONAL REPUBLIC IS RESTORED TO ITS ORIGINAL FORM AND ALL POWER IS RETURNED TO THE CITIZENRY AS THE FOUNDERS INTENDED.GOD BLESS AMERICA…

  25. Marilyn Abdilla said, “E.ToLLe….It’s not that simple…the banks or servicer must show the original note”

    Marilyn, I just assumed the since I called out not once, not twice, but thrice that the “original note” must be proffered up, that one would assume I meant the original note.

    If they can’t provide the original note, as has been the accepted standard in America since….oh…I don’t know….the 1600’s, then screw ‘em. They should have thought twice about destroying a legal instrument. Maybe next time they’ll think twice before getting so aroused over usury and greed.

  26. Iwantmynpv,

    “Although Stripes makes some valid – stand your ground – and don’t fire until you see the whites of their eyes patriotic bullshit, he/she is fighting the wrong battle”

    She might, at some point, have had interesting arguments. Once or twice, maybe since last June. When we thought they came from her. Hammering down the same Alex Jones/CNN/Kudlow stupidity over and over doesn’t qualify and her arguments are completely baseless and without a good understanding of what is really going on and at what level. To keep screaming “We the American-born citizen and them, the enemies” is childish, ignorant, distracting, insulting, offensive and the list goes on. One expects it from a 16 years old. Not a mature adult. Then again, she does get all her arguments from her teenage kids. She said so herself. Tells us everything we need to know…

    It is high time people like her realized that, once America has no money left, America is nothing left. A mere 4.57% of the world population! That, in the past 100 years, has consistently put its nose where it didn’t belong, creating regimes and tearing them down to suit its own mercantile, Machiavellian interests. The native know quite a bit about it. So do Panama, Egypt, Germany, Libya, Iran, Iraq, Kuwait, The Arab emirates, Russia, Japan and a great part of Asia. And for those who keep regurgitating the same fairy tales, America didn’t give a hoot about Europe or the world. If it did, it would have spread the wealth and 2 billions people wouldn’t starve to death as they do.

    The only reason it decided to betray its own people and knowingly get them killed at Pearl Harbor was because it really, really, really wanted a reason to enter into war and protect its economic interests but Congress wanted no part of it. Same for 9/11. Money. Give me a frickin’ break with America the magnanimous, America the hero, America the savior, America the magnificent. America bought its way for 3 centuries and now, it’s crashing down because America’s money is no longer any good. Can’t buy anyone anymore… with the greater part of its population unwilling to see it, acknowledge it, change its ways or anything. You bet they should take away weapons from those people! America will; turn on itself and eat its own before it decides to op[en its mind to the world.

    The New World Order is being implemented. it has been in the works for decades (if not centuries) and it is the logical conclusion of what happens when populations start fighting over land they never owned but were only supposed to respect and use for their survival and enjoyment. From the moment they started putting fences around land, they set up the 20,000 + years of human misery we can now document. Now, it is being slowly reversed. We’ll have one country, no more borders, one race, no more religion and it is coming, with or without the stripes of this world. People can either embrace it or fight it. Those who do fight against it are in for generations of misery.

    Logical conclusion. Deal with it!

    And Iwantmynpv, I didn’t post the entire article on BIS because i know that it flies way above most people’s head. That’s why I post the link and some excerpt of the article. Posting nothing doesn’t tell people what it is about. Posting the whole thing would take too mush space. The last person who had any interest in the world at large has quit coming here. I, personally, will keep following what happens in the world. Know why? At some point, the situation here will become so bad, with the great majority of people screaming and talking, shooting each others but not taking action, that it will be time for me to move on. And I will. And for those who find something to say about that, eat your heart out. That’s the American way: never keep all your eggs in one single basket.

  27. If your LIES were true notmypv, there would be no fight and you defeatists would not be trying so hard to get US to believe your BIG FAT LIES….There would be no fight. They would not be using the same old tactics of SECRETS, LIES AND DECEIT to DEFRAUD US our of NATION, OUR FREEDOM AND LIBERTY….No one would win in court, and there would be no jucicial process…That is one key element they wish to destroy. This attempted coup de tat of our financial system would have never happened , they would not have had to kill the Kennedy’s and they would not be PRETENDING IGNORANCE ABOUT THE RULE OF LAW….Neil Garfield and others would not be wasting their time trying to educate and help us restore our liberty and freedom.

    I KNOW THE TRUTH, AND NO ONE CAN TELL ME WHO THIS WAR IS WITH OR WHO THE ENEMY IS AND CERTAINLY NOT ANY CRACKPOT FOREIGNERS LIKE YOU TROLLS….

    THE ENEMY IS ON OUR SOIL AND ALWAYS HAS BEEN BUT WEARS MANY DISGUISES…THE ENEMY FEARS WE KNOW THEY ARE HERE..THE ENEMY IS TOTALITARIANISM ….THE BANK OWNERS AND THE WORLD LEADERS ARE ALL ONE CABAL..

    WATCH CHINA & RUSSIA, THE POLITICIANS AND THE JUDICIARY, WALL STREET AND THE FED AND THEIR BLACK OPS…..THESE ARE THEIR MAIN AGENTS OF EVIL AND LIARS LIKE YOU TROLLS

    AMERICA BEAT THE PANTS OFF THE BRITITSH AGENTS OF EVIL AND SENT THEM HOME WITH THEIR TAILS BETWEEN THEIR LEGS AND THEIR OWNERS NEVER FORGOT IT….THAT’S WHY THEY WANT OUR GUNS….THAT’S WHY WE WON THE REVOLUTIONARY WAR…….

    THAT IS WHY AMERICA IS STILL A CONSTITUTIONAL REPUBLIC IN WHICH THEY WANT TO DESTROY…….DEMAND LIBERTY AND JUSTICE BE UPHELD AND DO NOT COOPERATE…REVOLT ON THE TAXES AND ARM YOURSELF UNTIL LIBERTY AND FREEDOM ARE RESTORED IN OUR CONSTITUTIONAL REPUBLIC……BOYCOTT THE FOREIGNERS…ESPECIALLY CHINA…

  28. Christine, you left out one very important part about the LBIS. they also determine execution triggers for derivatives, maintenance levels required by counter-parties, and although the won’t admit it… have a complete tally for every swap ever written… and also hold the margin reserves against the contracts.

    They have the absolute power to sieze a central bank, via receivership or conservator.. look at the former sovereign nations of Europe.

    They are also directing how certain securities can now be used going forward as tier one reserves. Although Stripes makes some valid – stand your ground – and don’t fire until you see the whites of their eyes patriotic bullshit, he/she is fighting the wrong battle.

    We are as much a monetary colony of England as prior to printing our own script and fighting an alleged war over taxes and representation.

    Fixing this mess would require us to take a closer look at our own history here in America. The rhetoric and feel-good statements of kicking ass through military might days are numbered.

    We may be able to force a Saadam or Mohamar to accept dollars for oil, but it will be a cold day in hell before we begin attacking China or Russia when they demand payment other than dollars.

    All future wars are being fought with the pen… Japan does not have a military, but recently dampened US GDP by a half percent simply with the stroke of a pen… a simple stroke of the pen.

    Sir Rothschild said it best… “allow me to control the currency of a nation… and I care not who makes the laws”.

    Maybe don’t accept the Mark has a bit more to do with currency,, than a microchip.

    Wake up suckers – we allowed the credit expansion and only we can unwind its tentacles from around our necks.

  29. E.ToLLe….It’s not that simple…the banks or servicer must show the original note…in Florida a few years past…the Florida Bankers Assoc. was trying to have Florida non-judical..speaking at Supreme Court they claimed Florida’s law to ‘show the note’ was impossible..explaining why..Cause all NOTES were destroyed when put electronic…reason..so there would be no confusion…makes one wonder..did they lie to the Supreme Court or did they speak the truth…with LPS doing their shady work for the mills..seems like banks are claiming they have the original…but that is not what the bank filed with original foreclosure…

  30. Christine…You say 7 billion people worldwide don’t care much for this country that created havoc for them….are you saying we the people caused this havoc? Just how did we cause it? Or do you mean this government and past governments going back many decades…and lets not leaves the banksters, the Federal Reserve..to make it short..the criminals who take orders from those behind the curtain..the curtain that is sheer..very thin, transparent…something our government has not done..behind closed doors and opaque….let’s put blame on world havoc where it belongs..in all governments of the world….

  31. [...] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: civil procedure, Florida House Subcommittee on Civil Justice, Florida legislature, foreclosure inventory, House Bill 87, law of evidence, Matt Weidner, payments, title companies Livinglies’s Weblog [...]

  32. “There is no way that a junior lienholder can force the primary plaintiff to proceed with their case to judgment if they choose not to.”

    MW assumes the first part refers to jr lienholders? I didn’t get that, but maybe. Actually, probably. Problem is, that’s NOT what is actually expressed, and that gang gets stuff legislated, saying it means X and then use it for something else by saying it means or applies to Y.
    Jr. lienholders were aware of their tenuous positions when they took them and that’s a fact they should have to live with. (If I got some research right a long time ago, TX used to be so protective of homesteads, it didn’t even recognize 2nds.)
    Later….
    After some quick research I learned something new. I think. So I may get this a little better.
    I’ve mentioned the doctrine of merger here before in spec ref to f/c.
    Under the doctrine of merger, the lesser interest merges with the greater, so when a ‘mortgagee” is the successful bidder at sale,
    the lesser interest, the mortgage, merges with the greater interest, the title; what remains is the title – the mtg is gone. But what I didn’t figure is that this allows the jr lienholder to move up in priority due to the removal of the 1st mtg, at least according to an attorney’s article, citing
    Aladdin Heating Corp. v Trustee of the Central States Pension Plan (NV 1997), which I haven’t found yet and probably won’t. (like to read it if anyone can get it)
    But I also know that some states have laws which say that a jr lienholder has 35 days to cure the first after the first’s recordation of its NOD, which must have some impact on a 2nd’s position / rights. If they’re in such a hurry, they can cure and they then can f/c themselves. Underwater? Well, to them: welcome to the world you helped create. So eat a rock or two.

    All I can make of this stuff is that jr lienholders, if that’s what this is about, want to do 1 or 2 things: force sr lienholders to f/c so they can move up in priority when the first is extinguished by merger (which I do not get at all – not the merger, the new priority part) and or better and sooner identify their loss so they can make an insurance claim* and or
    go after a deficiency judgment sooner. But they want special consideration to accomplish this when they knew the risks involved when they made the jr loan and charged accordingly.
    * If there were one second written without insurance, I’d sure be surprised, even if they were “self-insuring” by way of an increase to the note rate to cover the cost of insurance.

  33. The bank owners are paying you way too much tax payer money for nothing….christine, In fact, if I were them, I would can your stupid ass and ship you off to camp shit for brains because quite frankly,,you aren’t the sharpest tool in their shed..I knew you were a commie troll the first time I read one of your acid head comments….Dumb asses pretending to be smarter than everyone else are everywhere.. They are gravediggers, digging their own graves.

  34. No christine…you and your Chinese friends will be in the FEMA CAMPS….digging your own graves for messing with US..

  35. “…evil also works in subtle ways.” Beats me. You ain’t been too subtle up until now. And you know what? In the end, you’ll still croak. At the end of a very, very miserable life. I hope the banks pay you really well to play disinformation. Cash the money and go on a cruise. in a few months, it will be worth… nothing!

  36. So Christine, you say 7 billion people worldwide don’t like Americans…….tell them to come over here and say that to our faces..they won’t because they are cowards. If it is so wonderful in China than stay there and starve because WE THE PEOPLE will boycott your lazy thieving asses…your cellphones and all of your mass produced junk..Yeah, wonderful people those Chinese who are hacking into our websites and stealing from us because they are too stupid to think for themselves. Lazy Stupid Cowards just like you christine……

  37. Picture it, Robot.

    The wonderful young Chinese couple who bought your house for… peanuts. 2 gorgeous little kids choosing their bedrooms while the parents tour the house and go: “Ugh! What a horrible taste! This has to go. This will be torn down. We’ll have this replaced by our Chinese carpenter.” I already love them. Great people. Always happy and smiling.

    Too bad you won’t see it. You’ll be in a Fema camp.

  38. It will be a cold day in hell, the day I am afraid of the likes of you,..Meet me here in Chicago loser and we will see who is scared of who… If JG isn’t spreading commie propaganda all over this blog than what is he spreading..? He is spreading the same crap you are…..evil also works in subtle ways.

  39. Calling JG a commie… How laughable!

    Robot is, indeed, very, very scared. And very, very stupid but we already knew that.

    Hey, Robot! Go onto the SEC site and check out how much money China has invested here. And then look at how much they’ve given Europe. And Africa. And… Oops! The Chinese people are actually getting off their butt and physically moving to all those countries! What a wonderful, resourceful people! An inspiration to all of us.

  40. Robot is very ugly when she spits venom… Doesn’t like truth. Oh well! 7 billion people worldwide who don’t care much for this country that created havoc for them. Only 320 millions Americans. Strength is in the numbers… Robot is very, very scared. I’m not.

  41. THIS IS HOW WE DO IT…..IT’S CALLED THE FIRST AMENDMENT …. WE THE PEOPLE USE OUR LEGAL RIGHT OF FREE SPEECH TO CALL THE RATS OUT BY NAME……….
    http://www.fourwinds10.net/

  42. JG…….you need to snap out of their alternate universe..&…stop smoking the commie crackpipe.

  43. ALLOW ME TO MAKE MYSELF PERFECTLY CLEAR….WE THE PEOPLE PAY FOR ANYTHING & EVERYTHING……..UPFRONT AT THE ORIGINATION…..

  44. COMMIE CHRISTINE SAYS…..IT HASN’T BEEN AN AMERICAN AFFAIR FOR SOO LONG..SCREW YOU ….. WE THE PEOPLE PAY FOR ANYTHING YOU SCUNTBAG FUGGER SHEISTER HO…

  45. The commies don’t pay for anything Christine…..that’s the bottom line….You communist globalists can make some Americans believe your lies but, as Rick Santelli said…..Wall Street doesn’t own anything because the Federal Reserve bank owners do not pay for anything ….therefore Wall Street is not selling anything and the FED is not repurchasing anything…..and I agree with Larry Kudlow who said last night it is time for the U.S. to sue the FEDERAL RESERVE BANK…..CNBC anchors said they owe U.S. TAXPAYERS GAZILLIONS…..SO SCREW YOU COMMIE GLOBALISTS CROOKS….BRICS CAN GO SUCK U.S. BRICKS…..YOU ARE COMPLETE COMMIE SUCK FACES…&…GO GET BIT…THE UNITED STATES OF AMERICA IS A CONSTITUTIONAL REPUBLIC……SHOW US YOUR RECEIPTS…..YOU CAN’T ….BECAUSE WE THE PEOPLE PAY FOR EVERYTHING……THIS IS WAR…

  46. From MW’s material:
    “Amends the expedited foreclosure process to allow all lienholders to use the procedures, instead of just the mortgagee.”

    I’d sure like an explanation of this. Seriously. Any chance? MW? NG?
    “All lienholders”, not “just mortgagees”? The only one which comes to my mind is a party who is not the mortgagee or ben of the dot (formerly known as the stinking lender), but who has an article 9 security interest (i.e., lien) in/on the mtgs and the dots and notes they secure.
    Unless someone comes up with a better explanation, I wouldn’t know to whom else they are referring, and if my guess is correct, it means they
    are trying to legislate rights which don’t currently exist: expedited
    enforcement by a party with two creditors (the security interest
    creator and the borrower on the note). If so, why do they want this?
    What are they really up to? What sin(s) would they be able to avoid? This doesn’t look good for the home team at all.

  47. It hasn’t been an American affair for sooooooo long, when it finally dawns on the 4.47% of people this country represents, it’s going to be really, really funny. What’s even funnier is that those people hold on so tight to an old paradigm, not realizing the New Wold is a done deal. The joke is on the “American-born patriot”. Doesn’t mean jack anymore… Ask the BRIICS countries, now 180 strong…

    “World Bank: The Rise of the BRIICS A Harbinger Of A New World

    The days of U.S. global economic dominance are numbered. A report recently released by the World Bank predicts that by 2025, a multi-polar world will emerge in which economic clout is spread across developed and emerging economies.”

    http://theeconomiccollapseblog.com/archives/who-controls-the-money-an-unelected-unaccountable-central-bank-of-the-world-secretly-does

    Who Controls The Money? An Unelected, Unaccountable Central Bank Of The World Secretly Does
    February 5th, 2013

    The Bank For International Settlements at Night – Photo by WladyslawAn immensely powerful international organization that most people have never even heard of secretly controls the money supply of the entire globe. It is called the Bank for International Settlements, and it is the central bank of central banks. It is located in Basel, Switzerland, but it also has branches in Hong Kong and Mexico City. It is essentially an unelected, unaccountable central bank of the world that has complete immunity from taxation and from national laws. Even Wikipedia admits that “it is not accountable to any single national government.” The Bank for International Settlements was used to launder money for the Nazis during World War II, but these days the main purpose of the BIS is to guide and direct the centrally-planned global financial system. Today, 58 global central banks belong to the BIS, and it has far more power over how the U.S. economy (or any other economy for that matter) will perform over the course of the next year than any politician does. Every two months, the central bankers of the world gather in Basel for another “Global Economy Meeting”. During those meetings, decisions are made which affect every man, woman and child on the planet, and yet none of us have any say in what goes on. The Bank for International Settlements is an organization that was founded by the global elite and it operates for the benefit of the global elite, and it is intended to be one of the key cornerstones of the emerging one world economic system. It is imperative that we get people educated about what this organization is and where it plans to take the global economy.

    Sadly, only a very small percentage of people actually know what the Bank for International Settlements is, and even fewer people are aware of the Global Economy Meetings that take place in Basel on a bi-monthly basis.

    These Global Economy Meetings were discussed in a recent article in the Wall Street Journal…

  48. So what else is new…? Congress sold, bought and paid for by Pharma, oil, insurance and banking industries, government at the beck and call of lobbyists, well-paid “public” servants former employees of bankers-friendly law firms.

    Conflict of interests? Whose kidding whom? Can’t be any conflict where there is no morals nor ethics. As far as i can tell, not one of those guys looks conflicted in any way. In fact, they’re all thriving as we speak. The only conflicted ones are… us, the people who were brought up right and know a stink when they smell one.

    http://online.wsj.com/article/SB10001424127887324761004578284330551586800.html

    “Conflicts of interest are a chronic headache for the SEC, an analysis by The Wall Street Journal of disclosure forms and votes on enforcement cases shows. The agency’s four commissioners—one slot is vacant—are barred from enforcement votes and certain other matters affecting more than 20 companies.”

  49. HOLDER works for the OWNERS OF THE FEDERAL RESERVE BANK…BUT IS PAID BY THE U.S. TAXPAYERS BY A SECRET PROXY WITH THE OWNERS OF THE FEDERAL RESERVE BANK…. …..These traitors will never save US….We have to do that ourselves ….. too many Americans believe the lies and keep paying the tyrants who want totalitarianism so they will have hell to pay for that sooner or later…..THis country is at war with the owners of the Federal Reserve Bank and they don’t even know who their enemy is or what they are trying to do is create Complete Communism…The American people are paying for their own destruction….

  50. thing is- not much different from the atty g,s who have already betrayed us. how can they decide on the behalf of the public and in their best interests, when no meaningful investigation has been done by an outside unbiased agency and they then come up with “a number” based on ? what the bank decided it could write off. the harm of the act of “settling” is bad enough, but the puny amount to the real injured parties is not even funny, i want our atty g to change his mind, PRESS CRIMINAL CHARGES AND SEIZE THEIR UNJUSTLY GAINED STOLEN ASSETS, those crooks should not be enjoying freedom and the fruits of an honest mans labor.

  51. Nah guest….it’s more like owners of the Federal Reserve Bank…the beast, these pagan worshippers …. are evil buttholes who call themselves the evil eye of horus…they are a ginormous hemmie and are looking for some more free stuff from the U.S. TAXPAYERS…they want US to be their free lifetime supply of preparation H buttwipes……..Fortunately, everyones not willing to play animal detective with the beast.

  52. The walking dead is right. And they were brought back to life by MERS. Silliest stuff I ever saw … Rob the invester, rob the insurance co, rob the taxpayer, rob the homeowner and Get a Free House. Its all gas … no product to expell. Empty shitter with a big buttwipe covering it up.

  53. I say speed it up.

    Force the bank’s hand.
    Make them sh(e)it(e) or get off the pot.
    If it takes 853 days from filing to possession, they don’t own the security instrument to be forcing people to leave their property.

    No one should sit in their home that long trying to figure out if they are going to be on the street because some bank employee came to work that day and their name popped out of the computer as the ‘next in line’ to dispossess.

    No bank or financial institution should have over two years to develop a paper trail to support their theft.

    Force them to put their cards on the table and then fine them for stacking the deck to cheat and steal!

    After seeing the video of the AG that is suing MERs, the AG said he was a ‘public servant’. Seems more than just the ‘walking dead’ people have awakened. The Public Servants hold an office and took an oath and they are finally realizing that to be in Honor with the Creator within, they cannot help someone Steal and gain unjust enrichment.

    12 minute youtube video titled
    Attorney General Conway Files Suit Against “MERS” In Foreclosure Investigation

    That’s right, if the real party is not identified, etc, etc.

    Trespass Unwanted, Corporeal, Life, People, In Being, Free and Independent State, In Jure Proprio, Jure Divino.

  54. Got note …?

  55. Such chains of the Note Negotations must match up with the Chain of Title.

  56. It’s simple:

    – The banks or servicers need to show the original note, either when foreclosure proceedings have begun, or simply when requested to by the borrower.

    – The original note must be duly and timely negotiated from A to B, B to C and C to D, with D being the securitized trust. In other words, a true sale of the mortgage note and mortgage must exist from the originator to the sponsor for the securitized trust; then from the sponsor to the depositor for the securitized trust; and finally from the depositor to the owner Trustee for the trust.

    – Absolute proof of an unbroken chain of such negotiations between all of the above mentioned parties.

    – Timely assignments of the mortgage or the deed of trust that demonstrate the above must also be evidenced.

    – This is necessary to demonstrate beyond a doubt that the original note was duly transferred and negotiated between all of the parties involved in the deal and was in the possession of the Master Document Custodian for the Trust BEFORE the closing date for the due transfer and delivery of such documents.

    In the absence of the above, the foreclosure proceedings must be halted and title to the property cleared in the name of the borrower.

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