Homeowner Gets Free House!

Posted by revolt | Homeowner Gets Free House! | Monday 16 August 2010 5:08 pm

HOMEOWNER GETS FREE HOUSE

 

Thursday, April 15, 2010

Pasco county Florida resident, Ernest Harpster will be getting a “free house” based upon the ruling of Circuit Judge Lynn Tepper.

In an order dated March 25, 2010, Judge Tepper dismissed with prejudice the foreclosure lawsuit that was filed against Mr. Harpster by US Bank National Association as trustee for a securitized mortgage trust.

The judge’s ruling followed a hearing that was scheduled to be commenced at 3:00 p.m. According to the Court order, the law firm for the Bank of America, David Stern, P.A. failed to appear either in person or by phone for the hearing.

 The matters that were scheduled to be heard were a Motion to Compel Responses to Interrogatories and Request for Production; Amended Motions in Limine regarding the Promissory Note and a Second Motion in Limine/Motion to Strike based on an allegation of fraud on the court; and finally a Motion for Rehearing.”

The Court found that U.S. Bank’s counsel failed to produce answers to interrogatories (written questions to be answered under oath) for an astounding twenty-six (26) months.

The Defendant’s Motion in Limine/Motion to Strike was based on an allegation that the Assignment of Mortgage was created after the filing of the lawsuit, but the document date and date the document was notarized were purposely backdated by the Plaintiff to a date prior the filing of this foreclosure action.

The attorney for the homeowner discovered this apparent fraud because the assignment was allegedly signed and notarized on December 5, 2007. The notary’s stamp designating when the notary’s license expired had a May 19, 2012 expiration date.

Since Notary licenses are only good for four years, a notary license that expires on May 19, 2012 would have been issued four years earlier on Mary 19, 2008. As such the notary license would not have been issued and did not exist on December 5, 2007 when the assignment was alleged to have been executed.

According to the Court order, the notary who notarized the “back-dated” document was Terry Rice. Homeowners and their attorneys who have pending foreclosure cases should be on the lookout for other assignments and affidavits by Terry Rice which might be forged, fraudulent, or back-dated.

The court specifically found “that the purported Assignment did not exist at the time of filing of this action; that the purported Assignment was subsequently created and the execution date and notarial date were fraudulently backdated, in a purposeful intentional effort to mislead the Defendant and this Court.”

Judge Tepper ruled “The Plaintiff’s complaint is dismissed with prejudice, based on the fraud intentionally perpetrated upon the Court by the Plaintiff. This Court has the power to dismiss a case a showing of a commission of fraud on the Court by a party.”

She further ruled that “The Defendant shall go henceforth without day” which means that the Plaintiff, U.S. Bank will not recover any money and will note be able to re-file the lawsuit. Judge Tepper also ruled that U.S. Bank will have to pay the homeowner’s attorney’s fees.

Our law firm did not participate in this case. Usually I only write about cases our firm was involved in. This case is discussed so that the public becomes aware of the underhanded tactics some banks and some lawyers are using to wrongfully foreclosure on Floridians’ homes.

Unfortunately, Judge Tepper’s order did not include the name of the homeowner’s lawyer whose work was extraordinary. (Update we have since leaned that the homeowners lawyer was Tampa attorney Ralph Fisher)

This case illustrates what a tremendous difference a talented litigator can make. Some lawyers practice “foreclosure delay” and think that filing a motion for extension of time is sufficient to defend a foreclosure case.

At our firm, we listen to our clients to determine their objectives and design a strategy unique to their case and goals. Then we put that plan into action. When we defeat lender motions for summary judgment it is not by accident, rather it is because through discovery requests, depositions, and motions to compel we have obtained the evidence needed defeat the lender’s motion.

If you believe that an assignment of mortgage in your cases was fabricated or back-dated we will review the assignment on a complementary basis. If the assignment is dated after the date the foreclosure lawsuit was filed against you, the lawsuit should be dismissed.

To Homeowners with questions about this blog can contact the author at foreclosuredefenselaw@gmail.com. To view a complete copy of the Court’s order as a PDF / Adobe Acrobat document click here

For more information about Shuster & Saben’s defense of homeowners in foreclosure in Miami-Dade, Broward, Palm Beach, Collier, Lee, Martin, St. Lucie, Indian River, Brevard, Orange, and Volusia counties please visit www.attorneyforeclosuredefense.com

Posted by Richard Shuster at 10:49 PM

Labels: assignement of mortgage, David Stern, Dismissal of foreclosure Action, foreclosure fraud, fraud on the court, P.A., Terry Rice, U.S. Bank, U.S. Bank as Trustee, US Bank

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The “90 Day Take Back Program” – Here’s What You Get!

Posted by revolt | The "90 Day Take Back Program" - Here's What You Get! | Saturday 17 July 2010 2:34 am

When you purchase your “90 Day Take Back Program”  here’s what you get:

* Step-By-Step instructions to complete your Administrative Process

* Includes each and every document required to complete your process

* Each document has all legal authorities inbedded in them. You

merely fill in the blanks, serve them and/or file them.

* Instructions on Asset Protection once reconveyance has been completed

* Access to Nationwide law firm affiliates once reconveyance is completed

Some competitors refer you to a legal network called Pre-Paid Legal. This network knows nothing about the Administrative Process, or is likely familiar with the nature of fraudulent foreclosures perpetrated by the banks, and charge you nearly the same outrageous fees as any other lawyer would.

Our law firm affiliates are specifically trained in foreclosure defense strategies, and the legal theories upon which to establish fraud and misrepresentations by the banks, and the cost is designed to make it easily affordable for our clients.

One of our competitors admits that he has only been studying the Administrative Process for 4 months. When you’re making a decision on something as important as losing your home, would you rather have 4 months, or 15 years of experience upon which to base your decision?

Our 15 years of Civil Litigation experience, and our specilaized knowledge of the Administrative Procedures Act of 1946, the Uniform Commercial Code, The Uniform Fraudulent Transfer Act, RESPA, TILA, mortgage securitization, and foreclosure defense, puts us uniquely head and shoulders above the rest.

We here at The Homeowners Revolt.Com have a pet peeve about any injustice. It is what drives us, and why the website was created. The Federal Reserve Bank has slowly been implementing their plan for global dominance, as witnessed in part by the economic global collapse.

This was done in part by the sale of all those toxic loans which were fraudulently originated, to make the Wall Street Barons, and the Banks filthy rich at the expense of American Citizens, and people all over the world.

The politicians, Congress, even the President are helpless to stop them. Only “WE THE PEOPLE” can put a stop to this by empowering ourselves with the knowledge, and ammunition to fight back.

Our program’s goal is to take the profit out of the Bank’s fraud. If there’s no profit in the game, they will find another game to play, and this game will be over!  So, its time to arm yourself with the ammunition you’ll need to fight your mortgage WAR and WIN, and to Take Your Property Back Free & Clear.”

Click Here and Download your “90 Day Take Back Program” NOW!

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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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