Florida 6th District Strikes at Heart of Pretender Lenders

5 08 10 Florida mediationorder

The main message is that what we have here is a legal obligation in search of a creditor and that the opposition is trying to use the court as a vehicle to steal the house and run with it while the whole securitization mess is scrutinized.

I think this Order is far more significant than it might seem both statewide in Florida and nationally. This Order, as I read it, requires (1) verification of the Lender’s status and (2) the ACTUAL authority of a designated person in writing, as a decision-maker; in plain language it asks whether the note is actually legally payable to the (pretender) Lender that wishes to foreclose and whether they have an actual live person who has the authority to mediate, execute a satisfaction of mortgage and otherwise make any final decisions on the settlement of the matter. That eliminates virtually 100% of all pretender lenders, which in turn eliminates virtually 100% of all foreclosures.

This Order should be used as persuasive argument that an entire district has found the need to do this, which combined with the other Supreme Court and trial decisions we have reported here, should be persuasive enough to give the Judge pause about who is the REAL party trying to get a FREE HOUSE.

In the Motion Practice Workshop, an underlying theme is that you should not be arguing in the abstract or the nuances. In one hearing after another your objective is to get the Judge to agree to at least one thing that is OBVIOUS procedurally and gradually get to the next hearing and then the next, in a process of education that gives the Judge time to process and absorb the reality of the situation.

The main message is that what we have here is a legal obligation in search of a creditor and that the opposition is trying to use the court as a vehicle to steal the house and run with it while the whole securitization mess is scrutinized.

7 Responses

  1. […] Garfield’s analysis mentioned that the Order has persuasive value, and I […]

  2. To CEA – Matt Weider has the copy of the case

    http://mattweidnerlaw.com/blog/

  3. Nothing can be done unless the courts hold the fraudsters accountable. Up to the US government to insure that the courts are accountable – this means legislation.

    No other way – as it now stands – actions are a hit or miss- depending on the court.

  4. There are only 5 DCA’s in Florida.
    May we have a reference to the case so that we can cite it?
    Thanks!

  5. I’m in the 9th circuit but this is great news (that and Wells Fargo’s/Deutsche favorite mill being involved in a criminal investigation up in Jax).

  6. Im in the thick of this right now, the bansters are full speed ahead now running me over to steal my home THAT IS THE MISSION PERIOD and i believe they are trying to cash in on whats left of the carnage as fast as possible well im here to tell you i am prevailing i am hanging tough and i am questioning everything. there is the loan processing services who are the knuckle heads working for the banksters and then we have those guys “just doing their job” called REO realtors who have assisted in the laundering stolen goods and their brokers sitting back on their blood money too. There are so many dishonest greedy entities involved making up this ponzi scheme, bottom feeders living off the misery of homeowners who were tricked and used when is the government going to really do something i know its huge i know its hard but it must happen.

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