TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS

THANK YOU FLORIDA DEFENSE TEAM!!!

TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS

Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file a Non Resident Cost Bond (FS 57.011) gives them 20 days to do so. Plaintiffs attorneys no doubt will become a surety on behalf of there client. Sun Tzu says not so fast. Obtain a copy of the cost bond and file motion for sanctions: Under Florida law an attorney cannot become a surety on any bond of his client in any judicial proceeding. Section 454.20, Florida Statutes; Rule 2.060(f), Florida Rules of Judicial Administration. For good measure here is the Florida Bar ethics opinion:

 Link to : Florida Bar

Here is the State Law (Florida) on Trusts:
(State law requires trust companies to register, maintain notice of offices and officers, pay registration fees and make deposits of funds in proportion to the volume of trust business in the state.

Link: Law Office of Matt Weidner Some good stuff BUT we disagree HAMP and so called “Loan Mod” is the answer…loan mod is a farce.

18 Responses

  1. I have a judgement against a realtor for breach of contract, can my attorney make a claim on the resident bond for refund of my legal fees?

  2. Question.

    If an attorney alleges to be “attorney In Fact” for the plaintiff (pretender lender) I would assume then that the plaintiff would have to give the alleged Attorney In Fact a Power Of Attorney in order to represent the Plaintiff right?

    And if the alleged Attorney in Fact is in direct violation of the law.
    (In my case alleged attorney for the plaintiff is in violation of F.S. 454.20, Rule 2.060(f) and posted the Non-Resident Cost Bond as “Attorney in Fact as Surety” on behalf of the plaintiff.)

    Then wouldn’t it be fair to say that since the alleged attorney in fact is in conflict and violation of the law that the attorney for the plaintiff should not be allowed to represent the plaintiff?

    here is the law.
    http://www.flsenate.gov/laws/statutes/2011/454.11
    454.11 Powers of attorneys.—Every attorney duly admitted or authorized to practice in this state shall have the right to appear before any court of the state, or any public board, committee, or officer in the interest of any client, and may appear as amicus curiae when so permitted. All attorneys shall be deemed officers of the court for the administration of justice, and amenable to the rules and discipline of the court in all matters of order or procedure not in conflict with the constitution or laws of this state.
    History.—s. 11, ch. 10175, 1925; CGL 4189; s. 7, ch. 22858, 1945.

    http://www.flsenate.gov/Laws/Statutes/2011/454.20
    454.20 Attorneys not to be sureties.—No attorney shall become surety on the official bond of any state, county, or municipal officer of this state, nor surety on any bond of a client in judicial proceedings.
    History.—s. 20, ch. 10175, 1925; CGL 4198.

    in a recent motion to dismiss hearing, Judge Selph in Bartow, FL Did not care that the attorney was in violation of F.S. 454.20, Rule 2.060(f) (amongst other reasons to dismiss) and allowed the attorney to get away with it.

    after the Judge Denied my Motion To Dismiss I filed a motion for sanctions against the attorney and plan to appeal the MTD as well.

    I would love to hear every ones opinions and ideas or recommendations on this matter. reply to this post + email me if you have time. Thank you!

  3. Are you suggesting that in a Defense, the 1st thing that should be filed is a “Motion for Cost Bond” …BEFORE a Motion to Dismiss?

  4. Neil,
    I wanted you to know that to this day I thank you for all the hard work you have done to help me first and I guess many other people as well. I am very greatful for your continued help and writings and rantings which I so follow. Also I work for Brian Korte now my previous lawyer withdrew from my case for no good reason, yes just as the plaintiff decided to come after me she jumped ship, I am very confused as to this action and i also suspect the lawyer did me some wrong but the people who handle me told me to leave it alone. Can I leave this alone when I am a homeowner in the middle of the largest meltdown ever seen to mankind? I think the answer is NO. Any ways this is not your problem I am just ranting off here. I am, again I say, very thankful to you and I wish you and your family the very best I am always here my friend. take care see yuh soon

  5. In reference to the Non Resident Cost Bond being filed by the plaintiff’s attorneys upon request from defendants, to satisfy F.S. 57.01; as I understand it, this is supposed to be a surety bond to be issued by an insurance or bonding company. These bonds are classified as high risk and require personal financial statements as well as 100% collateral from the plaintiff.

    The “bonds” being recorded by the plaintiff’s lawyers all over Florida clerk of courts, seem to be no more than an indemnification letter with the lawyers signing as a surety for the plaintiff.

    The actual BOND is not being recorded, which leads me to believe that they do not exist and the plaintiff’s lawyers are just putting up a smoke screen, because defendants do not understand what the bond is, they do not know what they look like or they do not recognize that it should be some sort of “insurance policy” I’m I understanding that correctly?

    I found this in the Florida Bar website:

    ETHICS OPINION 70-8
    Originally issued May 29, 1970

    Revised April 23, 1993
    It is not permissible for an attorney to give a letter of indemnification to a bonding company on behalf of an out-of-state plaintiff when the terms of the proposed indemnification agreement require the attorney to reimburse the surety only after the plaintiff has failed to do so. There is no ethical distinction between an attorney’s becoming surety on his client’s possible obligation to an opposing litigant and his becoming surety on the same possible obligation to a surety company which has become surety on the client’s cost bond.

    RPC: 4-1.8(e)
    Statutes: F.S. § 57.011, 454.20
    Rule: Fla.R.Jud.Admin. 2.060(f)

    A member of The Florida Bar states that he frequently represents out-of-state clients and on many occasions is requested by defendants’ attorneys to file cost bonds pursuant to Section 57.011, Florida Statutes. He further states that a local bonding company has agreed to issue nonresident plaintiff cost bonds upon the attorney’s request, provided that, as attorney for plaintiff, he signs a letter of indemnification agreeing to indemnify that surety for any losses if the plaintiff fails to do so.

    We are asked whether the proposed arrangement is permissible under the Rules of Professional Conduct.

    Under Florida law an attorney cannot become a surety on any bond of his client in any judicial proceeding. Section 454.20, Florida Statutes; Rule 2.060(f), Florida Rules of Judicial Administration. Whether the conduct proposed by the inquiring attorney violates either the cited statute or rule is a question of law and hence beyond jurisdiction of this committee. However, the Committee is of the opinion that there is no ethical distinction between an attorney’s becoming surety on his client’s possible obligation to an opposing litigant and his becoming surety on the same possible obligation to a surety company which has become surety on the client’s cost bond. In either case, the attorney is acting as surety for his client. The proposed scheme would, it seems, constitute an attempt to do indirectly that which the attorney is prohibited from doing directly.

    Moreover, the giving of a letter of indemnification by the attorney seems to go beyond the permissible limits of Rule 4-1.8(e), as the terms of the proposed indemnification agreement require the attorney to reimburse the surety only after the plaintiff has failed to do so.

    Thanks for all the work you are doing.

  6. easy on the judges sheeple….you’ve been watching too much judge judy…
    there can be two identical cases…in front of the same judge on the same day…one side has properly followed the rules of the court for discovery and presented proper briefs to back up their positions naming case law, statutes and rules of the court…the other side is rambling off the cuff asking the judge to do their work for them…guess who would lose and who might win…the judge is not allowed to make your case for you…you have to dig up the facts, figure out the rules for placing evidence into the record and bringing in established law in THAT courts jurisdiction…”please help me” judge will not win you anything…your honor, here we have the rules of the court where in federal court ALL the parties in interest must be named on the proof of claim, and this servicer does not have standing based on these well established standards as to who can be a party filing the required affidavit when an attempt to remove a stay in bankruptcy is requested of the court….
    NOT….but judge, aren’t you spending late nights reading up on this stuff…isn’t there some special database somewhere…the answer is a double no…judges are not sitting around “prejudicing” their position by reading non judicial rulings…and b….it is not their job to make your case for you…in the famous AZIZE case, the local jurist put themselves out and pushed forward arguments…me thinks the jurist was creating a tutorial…not that the members of the local bar paid attention to the 50 plus pages of questioning that the judge was using to lay out a training program…and the case was overturned on appeal, but even there the appellate went out of its way to lay out that the ruling was only void as the jurist had brought the issues up and not the defendants…and for all the pronouncements that MERS won the AZIZE case, they immediately sent a written notice to its members it would fine them in the tens of thousands of dollars if they ever use MERS as a plaintiff again in Florida…most judges would love to help you, if you bothered to give them something worthwhile and usable to bite into….”please please please” your honor will not cut it…and in the end…have a real plan to get on with your life…if that means getting a modification…learn the process…go to hmpadmin.com and read what the servicers signed on to doing in april of 2009…demand to speak to an ombudsman, use the government form and FORCE them to fully process the loan mod application….do the formulas yourself so you know what should be processed… take responsibility for your own success…and take the time to find a lawyer who understands or is willing to learn….they are out there…

  7. FRUSTRATION OF A PRO SE LITIGANTS, ASK ME I have MORRE TO SHARE
    a judge asked me did you make the payment of your mortgage? i said no, he said why? i said this party bringing the motion to lift the stay has no legal standing whatsoever as a real party in interest. judge reply but it says here that there was an assignment from MERS assign, transfer all the beneficial INTEREST TO AURORA LOAN SERVICES, i said MERS has no authority to do so ,in fact MERS cases has been dismissed by the BK court tin Nevada for lack of standing. judge said MERS is not foreclosing your house, it was Aurora Loan Services, i said exactly Aurora Is only my loan servicer and here’s the letter from aurora loan servicer stating that they are only a “loan Servicer. judge said so what? they could be both. you have to pay 11, 000 and 5500.00 a month starting dec. and january. i told him judge you are biased and prejudice against a pro se litigant like mean blah blah blah. I TOLD THE stupid judge i could never win no matter what documents i presented? end of the story i refused to pay until the court would recognized that the one making the motion has a standing to foreclosure as a real party in interest. he said “adequate protection” needed to protect the secured creditor, i said but they have not proven yet than they are the real party in interest. i am still fighting and very stubborn all i do is keep on filing motion after motions until the judge lose his energy to argue with me. i know this judge committed gross abuse of discretion , it is good on my case because the more he is biased and prejudiced against me ,the more he puts himself into trouble. i rest my case ‘JUDGE ‘ ADEQUATE PROTECTION’.

  8. My Quest for my Plaintiff’s Non-Resident Cost Bond (NRCB): Part I

    My usual Friday at my local courthouse, observing, learning, listening…..nauseating!

    I’m taking this opportunity to find the NRCB. In May, I filed a notice of Plaintiff not filing a NRCB. On May 18, 2009, Plaintiff paid the $100 fee for the NRCB, and filed a notice to the court that the NRCB was posted.

    There is a docket entry showing the reciept number and the amount paid. That started me on my way.

    So far, I have a copy of the actual reciept showing payment remitted in my case. That alone took about 2 hours of questioning and being sent on a wild goose chase all over the courthouse. I was told again and again, we don’t give legal advice. To which I repeatedly answered, “I don’t want legal advice, I want to see the NRCB. How do I do that?” And getting the “legal advice” dismissal again.

    Sheesh, I almost asked “Is the sky blue?” just to hear “We can not give legal advice.” I’ve heard of this bias against pro se litigants, but it’s a little frustrating to actually be on the recieving end, ESPECIALLY when a real bona fide attorney is in the next bay getting all kinds of friendly assistance to his questions.

    The end result, NRCBs are not “filed” with the court, nor are they “certified” at the court. The person posting the bond, brings in the document, pays the fee at the court registry, gets the bond “stamped”, takes the bond, gets a reciept and goes on their merry way.

    In order to see a copy of the actual bond, one must request it from opposing counsel. Then file a Request for Productions, and then the inevitable Motion to Compel to follow. Experience tells me that I’m going to get the following response, “You are asking for trade secret, confidential, protected by client-attorney priviledge, irrelevant information that is not reasonably related to the matters at issue in the case and not reasonably calculated to lead to the discovery of admissible evidence.”

    Carry on all. Carry on!

    Lisa E
    ForeclosureHamlet.org

  9. Good idea. I’m going to start a blog. Everybody can come on and post the idiots disregarding laws…

  10. Does this work in Texas? How do I find this information for Texas?

  11. START NAMEING THE JUDGES MAKE THEM INFAMOUS.

  12. Nye,

    You are absolutely correct. The JUDGES are not doing their jobs properly. My state court case should have been dismissed for 2 reasons – 1) plaintiff did not post bond, and 2) condition precedent was not met (no default and acceleration letter was ever mailed).

    The judge allowed the plaintiff time to post bond – more than the 20 days allowed by statute.

    Then the judge allowed the plaintiff to file with a court a letter they purported to be the default/acceleration letter. It was actually a letter dated 2 years before any alleged default and it was a late payment notice which stated in bold that it was not a default/acceleration letter. I filed a motion for reconsideration which the judge denied without a hearing.

  13. The problem is the JUDGES. I had a judge tell a friend of mine that she DID NOT KNOW anything about the bond and disregarded it. These JUDGES are as incompetent as the idiot lawyers acting to know what they’re doing…

  14. from my answer in the state court case:

    As yet, no Florida case has held that the trustees of a business trust can maintain suit on a note and mortgage payable to a trust, absent statutory authorization in the state of its origin. Corcoran v. Brody, 347 So.2d 689 (Fla App. 1977).

    I had posted several months ago re: trusts. wasn’t sure if I was on the right track the, but I guess I am.

  15. this is fantastic. in my case, I did a Motion to Dismiss for failure to post the cost bond. the judge would not rule on the motion and then 3 months later, there was a notice of posting the cost bond.

    where do you get a copy of the cost bond? I have access to all the pleadings in my case because I was given permission to e-file, but the cost bond itself was not filed, only the notice.

  16. This is great! Because we are still fighting with our case where Judge denied Motion to set Aside Judgment in Florida.

    We are now in the rehearing process.

  17. How much is the cost bond they are required to pay?

  18. this is a huge key

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