Foreclosure Fraud | April 17, 2010
For all of you who can not attend the Historic Rally in Tally, and still want to be part of the event, below is a press release that can be sent by email, fax, or phone to all of the media outlets in Florida. [EDITOR’S NOTE: THE RALLY SEEMS TO BE SCHEDULED FOR APRIL 21 AT 9AM AT THE STEPS OF THE CAPITAL BUILDING. THERE ARE MANY “STEPS” OF THE CAPITAL BUILDING. I SUGGEST YOU POST A MAP]

Please Help us Spread the Word!


TALLAHASSEE – Almost overnight homeowners from around Florida have organized and are set to voice their concerns directly with lawmakers this coming week in Tallahassee.

It began with a group of Florida consumer attorneys looking to meet with legislators to persuade them into rejecting a proposed and profoundly bad anti-consumer law threatening to put the entire foreclosure process in the hands of mortgage companies without any involvement by the courts. Homeowners and consumer advocates learned about the effort and have organized to oppose any new laws that threaten Florida consumers.

Lawmakers immediately began receiving calls from consumers around Florida voicing their opposition to the pending legislation, known as House Bill 1523 and Senate Bill 2270. The opposition was completely effective as legislators responded by listening and siding with consumers. The proposed law has been defeated for now thanks in large part to the collective efforts of consumers, advocates and attorneys who represent homeowners in foreclosure in Florida courts every day.

“It restores faith in our legislative process when lawmakers listen and respond favorably to homeowners voicing their concerns during this economic crisis”, says Matt Weidner, an attorney from Pinellas County who represents homeowners in foreclosure.

On the heels of this victory on Wednesday, April 21st hundreds of homeowners, consumers and other advocates from all across the State of Florida are driving, flying, taking buses (maybe even a horse or two) into Tallahassee with a powerful message: DO NOT TAKE AWAY VALUABLE CONSUMER PROTECTIONS. WE WANT TO WORK TOGETHER TO SOLVE THE CURRENT CRISIS. Leaders from both houses have graciously agreed to meet with their voters and with the group of consumer attorneys.

Chip Parker, a Jacksonville attorney who represents homeowners in foreclosure, encourages everyone who cares about Florida’s economic recovery to support this effort. “This isn’t about just laws that relate to foreclosure, it’s about preserving a balance that protects families during economic times like these. This is the worst time to be considering any laws that take away important consumer protections and that favor the banks”.

The attorneys also oppose the new laws because the changes would negatively impact the courts, judges and their staff because the changes would eliminate nearly 25% of the judiciary budget. This would make worse what is already a difficult situation for judges and their staff currently buried under thousands of foreclosure cases. “We need to ensure our courts are properly funded so that every litigant can have their day in court” says Weidner. Consumer advocates share this view in large part because they see how little time is currently devoted to hearing cases due to the high case loads.

The rally is scheduled to begin at 9:00am in Tallahassee at the steps of the Capitol and is open to attendance by all. Check the following websites for caravan and contact information!





11 Responses

  1. 🙂

  2. Here’s a link to video of the Rally. Thanks everyone!


  3. Good job Malcolm!

    Below is what we sent en-masse. It was prepared by a Certified Fraud Examiner who’s identity is in confidence.

    There comes a point of saturation after which the lethargy of the the legislative branch, having been been repeatedly informed and shown clear, undeniable evidence of the massive criminal fraud behind the foreclosure crisis, can only be viewed as tacit approval and complicit aiding and abetting of the criminal fraud itself.

    It is very concerning that elected officials may be incriminating themselves as accessories after the fact should they vote in favor of FL HB1523 and FL SB2270.

    Unlawful and false affidavits of indebtedness, parties filing foreclosure who are not parties to the transaction, false endorsements and/or allonges that merely contain a stamp on a blank piece of paper with no identifying features of the property it claims to attach itself to, and mere copies of purported documents being passed off as original documents.

    Is it possible to walk into a bank with a copy of a check and expect the teller to cash it- of course not. A copy of a check is no more negotiable than a copy of a promissory note. I have seen assignments of mortgage that have so much white sticky strips all over the face of the document where there is writing on top and underneath the white strips, assignments of mortgage that state BOGUS as the grantor, and assignments of mortgage that have witnesses signing as a completely different name than the typed name under the signature line.

    In addition, if, between 2001 and 2007, you or anyone in your family signed a mortgage backed promissory note, I urge you to hire any of the top fraud examiners in your state to review what may be an eye opening experience. Sometimes, personal experience is the best educator.

    All of the above mentioned items are fraudulent. From this point going forward, legislators are hereby noticed that that there is enormous fraud occurring on practically each and every foreclosure filed against homeowners each and every day.

    By ignoring the rampant fraud perpetrated by illegal parties, legislators automatically become accessories after the fact which is a crime. By voting in favor of HB1523 and SB2270 legislators are a party to the fraud which is a prosecutable offense.

    Furthermore, legislators eagerness to sign their names to a bill that will literally result in extraordinary harm to their constituents is causing red flags to go up that they personally may have an undisclosed relationship with the parties pushing so hard to get these bills passed so quickly.

  4. The following letter was sent to all 14 members of the House Criminal & Civil Justice Council the day before the Bill was killed. We have reason to believe that it was instrumental in causing the death of that Bill and of the Senate Bill. It was authored by me assisted by three other founding members of Mortgage Justice an activist and educational not for profit. It is now widely circulated to many of the people going to the Rally in Tally. Any of your readers is free to use it as a tool to fight the fraudsters.
    1. The Florida Bankers Association is attempting to use the power of the Florida State Legislature as an instrument to commit fraud upon its citizens and House Bill 1523 is inappropriately named The Homeowner Relief and Housing Recovery Act.
    2. This Bill and its sister Bill in the Senate SB 2270 will not relieve any Homeowners and neither will it aid any Housing Recovery. On the contrary these Bills, if enacted, will add to the personal burdens of this States’ citizens, deepen the recession, add to the destabilization of communities, the breakup of families, an increase in blue collar crime and hundreds of millions of Dollars in lost Court revenue to the State.
    3. HB 1523 adds to the deception in its introduction by adding to the ‘deadbeat borrowers myths’ [whereas it was deliberately planned and executed by Wall Street Investment Banks, Main Street Banks, mortgage lenders and their cohorts], falsely suggests that the cure is to expedite foreclosures to bottom out the market and that somehow this unsupportable economic theory will revitalize the economy, allow citizens to pay their taxes and Housing Associations to maintain communities.
    4. If enacted, the passage of these Bills would shift the burden of proof to foreclose from the foreclosing parties to the homeowner, thus denying those homeowners their existing rights of due process and simultaneously, circumvent the recently imposed Supreme Court of Florida’s requirement placed upon foreclosing parties to substantiate under penalty of perjury that they have the legal authority to foreclose on real property given as security in a Mortgage to the true Owner of a Promissory Note and to engage in mandatory mediation. These requirements are the real reason for these proposed laws, because they can no longer hide their crimes from our Courts.
    5. Because all members of the legislature are unaware of the fraudulent intent behind the Florida Bankers lobbyists who proposed this draft legislation we have concentrated most of our detailed efforts upon exposing the frauds rather than pointing out the serious deficiencies of the Bills as we know that other groups and individuals are adequately bringing such reviews to the attention of the legislature.
    6. However, of paramount importance is the fact that lines 216 to 225 of the original draft clearly backdates the effect of these proposed laws to time immemorial. By the clever use of the words “agreed in substance in the security instrument” the drafters are seeking to remove the requirement contained in Florida Mortgages in clause 22 that all foreclosures must be conducted through the Judicial system by obliquely [but not specifically] referring to clause 16 in which the signor has acknowledged that the whole document is subject to Federal and State Law. The intent of the signing parties of all such Mortgages was that clause 22 of that unilateral contract would apply for the life of that instrument and that imprecise words such as “agreed in substance” would not be used in future laws to imply that they had agreed to a major change in the terms of those Mortgages and if enacted it will negatively impact basic human, property and contractual rights guaranteed under the Federal and State constitutions.
    7. Mortgage Justice wishes to reveal that the truth behind the mortgage meltdown is:-
    (a) The Housing Bubble was deliberately planned and implemented by Wall Street entities and the Main Street Banks.
    (b) Mortgage and other loans were deliberately set up to fail.
    (c) The lenders shown on Promissory Notes and Mortgages were not the Lenders, but were misappropriating the use of their licenses to transact mortgage business in the various states and were funded by Wall Street Brokers from the proceeds of the sale of Derivatives in wrongly described AAA rated Mortgage Backed Securities, for which they were paid excessive ‘yield spread premiums’ as a commission.
    (d) Notes and Mortgages were not sold in the secondary market, neither were they transferred into securitized mortgage pools. It was impossible for pretend lenders to sell what they did not own.
    (e) Contrived sales in the secondary market were documented in the Securities and Exchange Commission’s public records to entitle these pretend lenders to avoid paying federal taxes upon their profits by appearing to comply with IRC 860 and ‘selling’ loans into Real Estate Mortgage Investment Conduits (REMIC). Documents filed in the SEC provide proof that all these mortgages failed to comply with IRC 860.
    (f) SEC documents establish that none of the mortgage loans that they say were put into REMIC Trusts, ever reached those Trusts and that the majority of the ‘so-called’ Trusts were not Trusts but a form of perpetual LLC with zero reporting requirements filed in the State of Delaware for the benefit of those major Banks and/or GSEs, as the true beneficiaries of all the frauds. These ‘Trusts’ are named Delaware Statutory Trusts, they are neither Statutory, nor are they Trusts.
    (g) The true beneficiaries of the frauds also sold undisclosed and unregulated multiple default insurances and credit default swaps sold through the International Swaps and Derivatives Association on every new mortgage created to guarantee receipt of multiples of sums they had pretended to lend as and when the planned defaults occurred.
    (h) It is therefore a fact that in almost every mortgage foreclosure action the foreclosing entity is not the owner of the Note or the Mortgage, never lent any money, is an integral part of a criminally motivated group has already reaped criminal profits, will share in multiple proceeds from insurances, all the Notes have been deliberately eliminated as admitted to the Supreme Court of Florida by the Florida Bankers Association and all Notes are already paid in full.
    8. Mortgage Justice understands that the above text contains major allegations of fraud levied against some of the biggest and most powerful institutions in the land and does not make these accusations lightly. We are fully prepared upon request given adequate notice to furnish irrefutable documentary evidence supporting those accusations and if required to justify them with documentary evidence are willing so to do in order to demonstrate why this proposed legislation must be unanimously rejected by the Florida Legislature for the benefit of its present and future citizens.
    9. We also request Public Hearings be scheduled prior to any passage of these proposals and we suggest inviting all interested parties, including representatives of finance and banking who are apparently promoting these Bills, consumers and their advocates.
    10. Finally, we refer you to informative videos that can be accessed via the Internet. In our opinion the most reliably informative and professional presentations of the truth behind the housing bubble are those involving the eminent Academic, Criminologist, Economist, Lawyer, Accountant, author of the book entitled ‘The Best Way to Rob a Bank is to Own One’ and a former lead regulator during the savings and loans crisis. Professor William [Bill] Black. To authenticate what we have revealed, please watch Bill Moyers’ PBS interview of Bill. WE BELIEVE this interview OFFERS AN EXCEPTIONAL OVERVIEW OF THE CAUSE OF THE ECONOMIC MELTDOWN AND FRAUD PERPETRATED BY THE BANKING INDUSTRY ON THE AMERICAN CITIZEN AND WE BELIEVE IT IS IMPERATIVE THAT YOU WATCH AND HEAR THIS VIDEO.
    11. Bill Black submitted himself to further questioning in a recent five-part interview on an Internet news channel, Real News. Please watch and listen to these questions and answers also. Political rhetoric, spin and sound bites are no answer to the serious crimes exposed in these interviews. He speaks openly, with a sincere honesty and integrity, almost extinct in our country today. His interview makes us starkly aware that the Banks are striking at the heart of our Republic and government, in all of its branches, but especially the judicial branch. Now that Courts are more closely examining foreclosure cases filed against homeowners in Florida and other jurisdictions the truth is beginning to emerge. Courts in Florida and in many states are finding that the banks lack standing, are filing frivolous lawsuits and are unable to prevail when a homeowner enters a properly pled defense. Mortgage justice strongly believes that the preservation of citizen rights to defend these actions is as vital to the Citizens of Florida as it is to the banks to destroy it. Preserving those rights will establish the truth, disclose extensive violations of state and federal laws by the banking industry, put an end to the power of the banking industry in our state legislature and the resultant backlash of public opinion will reverberate throughout our nation and the world. After nearly destroying the Global Economy, after lowering by twenty percent the net worth of our citizens, and after borrowing billions from them and reaping record profits without any legislative reform or inquiry they now attempt to make it even easier to take the homes of the citizens and deprive them of their legal rights. We urge you to carefully consider, investigate and reject this proposed legislation on behalf of the homeowners and citizens of Florida.

    for our members and the Citizens of the United States, April 12, 2010.

    P.S. Internet links – Please copy and paste the following links into your browser:- http://www.pbs.org/moyers/journal/04032009/watch.html

    Then listen to – To rob a country, own a bank Pt5 – put this into Google and follow the links to 5 part video of Black on Real News.

    Also essential viewing and listening to the latest on MSNBC,

  5. The Legislative Chambers are on the fourth floor with their respective public viewing galleries on the fifth floor. The floors between the observation deck and the first five floors are executive and legislative offices. There is a cafeteria on the Lower Level, a snack bar on the tenth floor, and the Florida Welcome Center just inside the west Plaza Level entrance.

    The Senate office building and the House office building are each four stories high and located on either end of Capitol Complex. The 2nd and 3rd floors have bridges that allow people to walk between the Capitol and office buildings. These buildings contain primarily committee meeting rooms and legislative offices.

    The public viewing galleries for the Florida House of Representatives and the Florida Senate are on the fifth floor.

    8am, Waller Park,
    Waller Park is located on the East side of the Capitol complex off of Duval Street.

    1pm, Historical Front Steps,
    The Historical Front Steps are located on the West side of the Capitol complex off of Monroe Street.

    3pm, Capitol Courtyard,
    The Courtyard is located in the center of the Capitol complex directly in between the Historic Capitol and the Capitol Rotunda.


    More maps too follow

  6. Note that, as a small footnote to this article, there is the comment that the Courts are “buried” under thousands of foreclosure cases and that “so little time is devoted to each foreclosure case due to high case loads.”

    have no illusions about this: the COurts do very litttle, and the pretender lenders cynically take advantage of this, using forged notarizations and all the rest.

    It is my view that each homeowner so victimized should file their own suits against the lenders, so that the Courts will have to face up to the reality that most foreclosures being perpetrated are being done fraudulently. I would suspect that at least 40% of all foreclosure suits are being filed by entities that do not even have the Note – and thus are not the real parties in interest.

    SO: sue them back.

  7. I am going to the Rally in Tallahassee with my 4 neighbors on 21 April. If you can’t go, e-mail me your foreclosure story, I will hand it to the Senators for you. It will be like you’re there, your concern will be heard.
    My e-mail is ocean11@the-beach.net

  8. […] Livinglies – FLORIDA HOMEOWNERS TO RALLY AT THE CAPITAL THIS WEEK Published April 19, 2010 Corruption , Fannie Mae , Foreclosure Fraud , MERS , Mortgage Fraud , bankruptcy , cdo , cds , foreclosure , freddie mac , mortgage electronic registration system , securities fraud Leave a Comment Tags: 4closurefraud, fight the banks, foreclosure, Foreclosure Fraud, hb 1523, hb1523, neil garfield, nonjudicial foreclosure act, Nonjudicial Foreclosure Act for Nonhomestead Properties, Rally in Tally, sb 2270, sb2270, wrongful foreclosure FLORIDA HOMEOWNERS TO RALLY AT THE CAPITAL THIS WEEK […]

  9. wish we have that here in california. Californians wake up !!!!!. lets’ organized and march up in front of the court houses and to our representatives.

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