Banks Flexing Their Muscle at Clerk’s Offices

Call about our rescission package. 954-495-9867 or 520-405-1688.

This is not a legal opinion. Consult with an attorney licensed in your jurisdiction.

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I just had a client tell me that the Clerk accepted his notice of interest in real property but not the attachments to his Notice of Interest in Real Property,as specified by F.S. §712.05. .

*The grounds stated by the clerk was that the notice of rescission was an attachment but could not be recorded because the Clerk determined that the notice of rescission was barred by the statute of limitations (which by the way they got wrong); the Clerk said the attachment of the notice of rescission to a facially valid recordable document was wrong and the Clerk would not accept it because the notice of rescission had to be sent within three days of the alleged loan.

*The fact that we are in litigation before a court of competent jurisdiction (which is also contested) in which we are contesting whether consummation ever occurred and if so when, was ignored with the implicit finding by the clerk that notice of rescission was barred by a statute of limitations — explicitly arrogating to the Clerk, the power to decide substantive issues.

*This is so obviously wrong that we can only conclude that the banks are exercising a corrupt influence on the office of the Clerk.

It appears that the Clerk’s office are crossing the line between being a clerk and being a judge. In my opinion the analysis below would be true in Florida and from what I hear from other lawyers, in all 50 states.

*People filing rescissions in the county records should, if the recording is refused by the Clerk, write a letter to the head of the administrative organization that constitutes the recording office in each jurisdiction where this is happening. If necessary it should be escalated to the county attorney. And if that doesn’t work it should be escalated to the level of bringing suit against the Clerk’s office for acting like a judge or jury when they have no such statutory powers.

Every state has laws setting forth the the legal requirement for recording an instrument where deeds and mortgages are recorded in the public records.

*Every state has a system of clerk’s to review each document and determine whether the document facially meets the requirements for recording.

*Every state has a court system to decide issues concerning real property and everything else.

*A facially valid document that complied with statutory requirements for filing in the county records can NOT be refused by the Clerk based upon their opinion of substantive law or the effect that the document will have on title. Only Judges sitting in courts of competent jurisdiction can do that. To say otherwise would be to allow a clerk to decide the permits of an issue without going through due process of lawsuit, answer, verdict and judgment.

In my opinion and in the opinion of many other lawyers and judges, the Clerk’s office has NO authority to make a determination as to whether the notice of rescission was valid, effective, defective or anything else. If the notice of rescission is an attachment to a facially valid instrument affecting title to real property and if that facially valid instrument refers to the notice of rescission as an exhibit, then the Clerk has NO DISCRETION to refuse the recording, as long as the appropriate fees are paid.

Their authority is limited to whether the filing meets the statutory requirements for filing an instrument affecting real property in the county records. They are playing on the bank side, which is not what they are supposed to do.

21 Responses

  1. AT LAST, CALIFORNIA HOMEOWNERS CAN USE THE ASSIGNMENTS IN THEIR WRONGFUL FORECLOSURE CASE. FEB. 2016 FROM CA SUPREME COURT IN YVANOVA V. NEW CENTURY

  2. Once a document is filed in an on going case with a valid case number, it shoud be possible to obtain a certified copy of it and record it in Official Records. What effect the recording will have is another story.

  3. Thats all great info,now what does one do with it while the entire ball of wax is corrupted and judges you have never met,never will meet hand yo home over to the phonies and the bottom babies?I mean really,is this all just for knowledge because its power or is it like a chuck it out there and see what sticks?
    Im not trying to be a jerk Im just curious cause for me it appears that New World Order is comin ,ready or not.

  4. @ Ian

    Honestly, it was a query for “TABLE FUNDING” combined with “SECURITIZATION” which resulted in the discovery of that CREDIT ENHANCEMENT document posted on-line by the FDIC. It blew my hair back when I read it.

    Moreover, your analysis and clarification of the important implication of a CREDIT ENHANCEMENT supports my own concern that our collective speculations as to what “levers” were being pulled and what “buttons” were being pushed behind the “curtain” of securitization by the “Wizard of Oz” is still unfolding.

    Whether or not a link exists to search on the issue of CREDIT ENHANCEMENTS, at this time I do not know, as the discovery was merely happenstance.

  5. Kalifornia- thanks for posting the FDIC report on the credit enhancement payments. This is the first time i have seen anything like this. I had thought that the credit enhancement fee was paid to the bond rating agencies ( S & P, Moodies, Fitch ) in return for a higher credit rating of each issuance. Do you have a link or info to search the FDIC for all MBS credit enha cement fees paid out? This is an important post, no other sites or law firms have ever posted anything like this- great job!

  6. Neil ,

    What Florida County or court district was this?

  7. SPEACHLESS AFTER SCANNING THROUGH THIS ONE !

    Office of Inspector General:

    Review of the Claims Made to the Credit Enhancement Reserve Fund for Securitization Transaction 1991-03

    https://www.fdicig.gov/reports00/00-024.pdf

  8. International Monetary Fund Securitization: The Road Ahead https://www.imf.org/external/pubs/ft/sdn/2015/sdn1501.pdf

  9. @ djbelanger

    Re: MERS

    The title to the link below:

    Asset-Backed Securities, Revisions to Regulation AB, Securities and Exchange Commission, 17 CFR Parts 200, 229, 230 et al. (“Proposed Rule”)

  10. Re: MERS

    The title to the link below:

    Asset-Backed Securities, Revisions to Regulation AB, Securities and Exchange Commission, 17 CFR Parts 200, 229, 230 et al. (“Proposed Rule”)
    https://www.sec.gov/comments/s7-08-10/s70810-58.pdf

  11. An Overview of the Predatory Mortgage Lending Process
    http://faculty.design.umn.edu/jrcrump/pdf/Renuart.pdf

  12. Maybe when filing a rescission you could also file a Limited power of attorney, add the dates and add the rescission letter to the end?
    Has anyone sent a rescission letter in broward county, florida or palm beach county, florida. Please let me know thanks!

  13. The Industrial Organization of the U.S. Residential Mortgage Market
    http://faculty.haas.berkeley.edu/stanton/pdf/MortgageIO.pdf

  14. …because the Court will ultimately decide the issue of what/which documents and instruments must be expunged or cancelled from the recorded record(s).

  15. The legal interpretation of the Florida Statute on behalf of another individual without authorization and consent, but “with consideration” (paycheck)is the unauthorized practice of law by an “unlicensed attorney” therefore there clerk has committed a felony according to the Florida State Bar and Florida statutory framework

  16. The post raises two facial issues:

    #1 – MINISTERIAL DUTY – “[T]he Clerk has NO DISCRETION to refuse the recording….”

    The mechanism in Kalifornia is a writ of mandate to the compel county Recorder to perform its ministerial duty to record the document or instrument, so long as it is in the statutorily proper form. Obviously the substance of the document or instrument is irrelevant, as evident in the forged & counterfeit documents recorded by the criminals.

    #2 – ULTRA VIRES – Acts without or in excess of enumerated authority.

    In Kalifornia, if the implication & consequence of the ULTRA VIRES denial of the recording of the WHOLE complete RESCISSION INSTRUMENT results, or may result, in prospective damages, then first file a governmental tort claim with the county attorney or designated entity in order to lay the foundation for the writ of mandate with damage claim(s).

  17. kAli
    Good researcher

  18. **COUGH**

    Conduits: Their Structure & Risk

    https://www.fdic.gov/bank/analytical/banking/1999dec/2_v12n3.pdf

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