Judge Admits He Screwed Up!

Posted by revolt | Judge Admits He Screwed Up! | Monday 28 June 2010 9:39 pm

Judge Admits He Screwed Up!

Lyons: Documents insufficient in foreclosure case

By Tom Lyons

Published: Sunday, March 7, 2010 at 1:00 a.m.
Last Modified: Saturday, March 6, 2010 at 11:40 p.m.

When a ruling is reversed by an appellate court, the judge faulted sometimes grumbles.

So I didn’t know what to expect when I asked Circuit Court Judge Robert Bennett about an appellate court ruling that overturned a house foreclosure he had granted.

The three-judge panel said a bank that was not the original lender had not proven it had the right to foreclose, because the documents filed did not show how, or if, mortgage ownership had ever been transferred to the bank.

Bennett’s reaction?

The higher court was totally right, he said.

“I’m willing to fall on my sword on this one,” Bennett said. “It wasn’t a very good piece of judge work.”

To be fair, many judges have done much the same thing in similar cases, partly because most foreclosures had long been so routine. If contested at all, it was rare that anyone claimed a major financial institution had not proven any link to the mortgage.

Now, just a couple of years since Bennett’s ruling on a foreclosure case he cannot even recall, that sort of claim has become commonplace. Of the dozen or so lawyers I’ve heard from who fight foreclosures — a common specialty these days — all mentioned that issue.

“This issue of standing, it’s common throughout the state,” said circuit Chief Judge Lee Haworth.

Many mortgages from the past decade were sold, packaged together, and resold as securities. Showing ownership of just one became complicated, especially because transfer paperwork was often not done for each mortgage.

Law firms that some call “foreclosure mills” handle loan default cases by the thousands for financial institutions that were not the original lenders. Some have filed odd documents in their court cases.

Many claim loan documents are lost, but that ownership of the note was transferred, perhaps multiple times, and that the foreclosing bank is now the owner or trustee.

Problem is, they rarely show a clear chain of transfers back to the original lender. Often, the documents are not only vague but also of fresh vintage. Some are only created, signed and notarized after the foreclosure is filed.

And signatures authorizing the transfers make fun reading. Some people listed as vice presidents and the like often are not, and were never even employees of the companies named. They work for companies that are hired to create the documents.

When accused of using sham documents, the response has sometimes been that the signers were somehow authorized to sign, a claim some judges have rejected.

But in many local cases, there has been no response at all from the alleged mortgage holder, and many cases have gone into limbo. And so, some homeowners have kept a roof over their heads while making no payments, but they have no idea when or how the legal battle might resume.

Bennett’s ruling happened before all this became as ordinary in Southwest Florida as sunshine. Few judges then thought to doubt that a bank had standing to foreclose.

Bennett and Haworth both say the impact of the appellate court ruling won’t be a big thing for other cases, simply because, even without it, many judges have become well aware of the issue of questionable foreclosure documents.

That doesn’t mean they are all being spotted.

In uncontested cases, most still slip by, and Haworth says judges have too many cases to do the checking that a defense lawyer would do. But there is bigger news that should help, Haworth says.

Last month, Florida’s Supreme Court decided that attorneys filing foreclosure cases will no longer be presumed blameless when they claim a right to foreclose based on faulty documents.

The foreclosure mills normally rely on an army of assistants and clerical workers, and lawyers claiming that an assistant’s error led to a faulty filing have rarely been called to task. That’s about to change, Haworth says.

Some may still gamble in cases where they expect no opposition lawyer will be checking the documents. But if they take the time and effort, most should be able to do things right and establish their claims, Haworth said.

If not, he said, they’ll have a problem.

“I’m looking forward to see how they do comply,” Haworth said. “Their license could be on the line.”

Tom Lyons can be contacted at tom.lyons@heraldtribune.com.

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Corrupt Judges Destroy America

Posted by revolt | Corrupt Judges Destroy America | Monday 28 June 2010 8:48 pm

CORRUPT JUDGES DESTROY AMERICA’S

PROMISE TO EQUAL PROTECTION

By Adonis Hampton   United States of America    Contact publisher via email

Legal / Law December 10, 2009

Florida Judge Conspires With Foreclosure Lender To Cover-up Mortgage Backed Securities, and Foreclosure Fraud.

 

(Free-Press-Release.com) December 10, 2009 —

On November 30, 2009, a Florida Judge William P. Levens, from the Thirteenth Judicial Circuit Court, ruled in favor of a Mortgage Backed Securities Trust, who was attempting to foreclose on the owner of a property located in Tampa, Florida.

The foreclosure was filed in September of 2008. At that time the trust admitted that it had lost the promissory note, and did not know when it was lost. When asked to produce the original promissory note, and not a copy thereof, which is required by Florida Statute 673.3091, and 90.953, the trust produced a copy of the promissory note, but the trust was not a signatory on that note, and they claimed that the original lender, American Home Mortgage, who filed for bankruptcy one month after the loan closed, assigned the promissory note to them.

Approximately 1 1/2 years later, after the property owner file a motion to have the case dismissed due to a fraudulent assignment allegedly assigned by MERS to the trust, and because the trust could not provide any evidence that it was the rightful owner of the promissory note, the trust retained the International Law Firm Greenberg Traurig, P.A.

The foreclosure law in Florida is clear on what is required for a lender to legally pursue foreclosure when the promissory note has been lost, or destroyed. In order to re-establish a lost promissory note, the trust was require to prove that MERS (Mortgage Electronic Registration Systems, Inc.) was in actual possession of the promissory note at the time it allegedly assigned the promissory note to the trust.

Although the trust never produced any evidence to meet the burden imposed by Florida Statue 673.3091, and 4 other Appellate Court decisions which created a clear precedent in the law, Judge William P. Levens ruled in favor of the trust, without providing any legal explanation as to why he ruled in favor of the trust, and why the trust was not required to meet the legal burden imposed by Florida law.

However, the case has been appealed to the Florida Second District Court Of Appeals, which recently, on Feberuary 12, 2010, overturned another corrupt judge who rubber stamped a fraudulent foreclosure on behalf of the  (gangsters) banksters.

After the appellate court overturned his decision, the judge admitted that he had done a piss poor job of judging in the case. Click Here to See Judge Admits He Screwed Up! article, or to review the actual case Click Here.

I believe that when prominent International law firms get involved, and the Judge has an In Pro Per litigant who has no political power to speak of, the ground is fertile for judicial corruption. I believe that this Judge has corrupted the judicial system, and I’m hoping that anyone from a media outlet will assist us in exposing this judicial corruption, and injustice to the light of day.

If you believe in America’s promise of equal protection under the law, please help us expose this corruption on behalf of all homeowners across America who are fighting to protect their homes from fraudulent foreclosures.

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Video – How Banks Control The World

Posted by revolt | Video - How Banks Control The World | Wednesday 23 June 2010 9:24 am

 ” THE MONEY MASTERS is a 3 1/2 hour non-fiction, historical documentary that traces the origins of the political power structure that rules our nation and the world today.

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Video – Foreclosure Lost Note

Posted by revolt | Video - Foreclosure Lost Note | Tuesday 22 June 2010 11:31 pm

More on the lost promissory note defense. Watch video.

 

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Video – Lehman Bros. Fraud Exposed

Posted by revolt | Video - Lehman Bros. Fraud Exposed | Tuesday 22 June 2010 11:27 pm

Wall Street giant defrauds America. Watch video.

 

Bill Black

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Video – X-Bank Regulator Tells All

Posted by revolt | Video - X-Bank Regulator Tells All | Tuesday 22 June 2010 11:24 pm

Watch video.

 

X-Bank Regulator Bill Black

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Video – Wall Street Fraud Explained

Posted by revolt | Video - Wall Street Fraud Explained | Tuesday 22 June 2010 11:21 pm

X-Bank regulator exposes of how Wall Street’s greed destroyed the world economy. Watch video.

X-Bank regulator Bill Black

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Video – Foreclosure Fraud

Posted by revolt | Video - Foreclosure Fraud | Tuesday 22 June 2010 11:14 pm

Learn how foreclosure fraud is committed. Watch video.

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Video – Foreclosure Verification

Posted by revolt | Video - Foreclosure Verification | Tuesday 22 June 2010 11:09 pm

The Supreme Court Of Florida makes the lender verify they have the right to foreclose. Watch video.

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Video – Capacity To Sue Pt. 3

Posted by revolt | Video - Capacity To Sue Pt. 3 | Tuesday 22 June 2010 2:57 am

Capacity To Sue is an important foreclosure defense you must understand. Watch the video.

 

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