Matt Weidner Forms Posted

EDITOR’S NOTE: I confess I don’t know Matt but I have seen some of his work and it looks good to me. No guarantees etc. But worth checking out.

MEMOS AND MOTIONS THAT MAY SHUT THE FORECLOSURE MILLS

http://www.mattweidnerlaw.com/blog

In honor of all the national reporting that’s starting to break about all the abuses that are being committed by the foreclosure mills and as part of the continued efforts to support all the good judges out there that really “get it” and who are doing the right thing, I want to share a treasure chest of motions that I have filed over the last several months.
I hear the criticisms of our judges but truth be told, I’ve never had a bad experience in front of a foreclosure judge….when I did my job, prepared my case and had a court reporter present. And while I respect the efforts of homeowners who start the fight pro se, if you want to save your home, if you want the respect of the court and the opposing party, you must hire an experienced foreclosure defense attorney to fight this battle.

I’m posting these Motions and memorandum primarily so that other attorneys from around the state will use them, develop them and argue the issues in front of judges. The issues contained within these documents are very important and frankly they require experienced and committed attorneys to make the arguments correctly. These documents and the issues presented are tools and like any tool they should only be used by operators who are trained to use them. Having said that I just hate seeing these coverage attorneys for the foreclosure mills wheeling in their boxes of hundreds of foreclosure cases and throwing this garbage into our courtrooms. I am appalled that the mills have joined forces and share the same coverage attorneys between all the mills. Where is the formal and specific authorization for that attorney to represent that client before the court?

How can coverage attorneys represent to the court that, there are no issues of material fact in the hundreds of files that are in his wheelbarrow when those files have been prepped by another law firm? Why is that attorney not required to file a Notice of Appearance so the court knows what attorney is affirmatively representing to the court the veracity and authenticity of all the facts in his case?

Special thanks to my intrepid law clerk Michael Fuino who is primarily responsible for all the excellent research and drafting contained within these memos and motions. Hats off to him! Enough of all of that, here go the goods.

affidavitmotiontostrike

affirmitivedefenses

allongemtd

answernotverifiednotnegotiableetc

objecttofeememorandumfeeaffidavit

http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/WW-Memo-6.9.10.pdf

http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/MotionforReconsideration.pdf

Get out there and keep up the fight…

Note : Go to http://www.mattweidnerlaw.com/blog to download the pleadings.

10 Responses

  1. A correction is needed in the in Motion for Summary Judgment. Document named herein as Motion-for-summary-judgment-memorandumfeeaffidavit.docx

    Here is the section that needs to be corrected.

    II. THE UNDISPUTED FACTS SHOW THAT PLAINTIFF DID NOT HAVE THE RIGHT TO ENFORCE THE MORTGAGE AT THE TIME OF THE FILING OF THIS LAWSUIT.

    The sentence “As the nominee, MERS does not have the power or authority to assign the mortgage or the promissory note” Should be changed to remove the promissory note part at the end. They do have the authority to assign the mortgage even though it transfers nothing without the note.

    The paragraph beginning with “The practical effect” and ending with “deed of trust.” Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619, 623 (Mo. App. 2009).

    Should be changed to the following:

    “The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the deed of trust to foreclose, unless the holder of the note is the agent of the holder of the deed of trust. [Citation omitted.] Without the agency relationship, the person holding only the deed of trust lacks the power to foreclose in the event of default. The person holding only the deed of trust will never experience default because only the holder of the note is entitled to payment of the underlying obligation. [Citation omitted.] The mortgage becomes ineffectual when the holder of the deed of trust did not also hold the note.” Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619, 623 (Mo. App. 2009).

  2. Judges don’t need any help with the Volume of cases they hear! They ALL MAKE 6 figures a year! Why do they need help?

    What Judges need HELP in is GETTING EDUCATED ON THE FACTS OF ALL THE CASES! If the we’re the case, there would be NO FORECLOSE MILLS.

    Nearly every case would be DISMISSED w/PreJ do the FRAUD, and PERJURY committed on every case.

  3. Matt had a series of postings about allonges when he was seeing so many, perhaps 5 months ago?

  4. Anybody read the new Gretchen Morgenson article? I’m sure Neil will post it soon with some comments. I agree with this quote:

    ““Lost in the debate over how best to legislate the aftermath of the financial crisis has been the necessity to conduct an inward examination of the too-cozy relationship between government enterprises and private industry,” Mr. Issa said. “The true nature of this strategic partnership between Countrywide and Fannie-Freddie should be exposed so we can measure the extent to which it fostered the conditions leading to the financial meltdown.””

    Obviously, the true nature of the partnership between Countrywide and Fannie-Freddie was to set up homeowners in loans they knew would fail, so they could get the money from the insurance and derivatives. This is what Countrywide did to me.

    Morgenson asks a good question that I still don’t know the answer to–“What was in it for Fannie?” I mean, I get why Countrywide made loans to anyone with a pulse–so they could pawn them off on Fannie-Freddie–but what did Fannie get out of this little scam? Was there really that much money to be made in selling MBS to pension funds? Maybe so, I don’t know…

    BTW, I know this comment has nothing to do with the Weidner post above, and I apologize. Weidner’s blog is also very informative and pretty Florida-heavy. If you can’t access the links from this site, go to Weidner’s blog and you should be able to get them with no problem.

  5. Tia,

    Email me

    providencegroup@ymail.com

    I may have what you need.

    Bill Kay

  6. Sunday 8 August 2010

    Another try…

    Does anyone know on which thread[s] there was discussion on sending a qualified written request, and what to send?

    The search area here is not very helpful.

    TIA…

  7. After reading Matt Weidmer Form Posted, I was trying to pick up on “Allongmtd” didn’t read anything, am I missing something?

  8. Where are the affirmative defenses? I have sued for quiet title, fraud, lender liability, breach of hamp rules for granting mods, and other claims in Mo. BOA/MERS/BOAHL have removed and I have objected. (I used dto practice law in Mo for 30 years so I am pro se). They flat out lied in their motion for removal–caught them red handed. Waiting for the court ruling on removal. Also in Mo there is a statute 508.030 that says that jur and venue resides exclusively in the county where the prop is situated but they ignord that one. Also fed rules under 1441c say that when the claims are in equitable you look to the value of the note to establish diversity amt in controversy. They failed to do that, claiming they did not know until after the 30 day time period in my demand letter (which I might add I sent to them before the exp of 30 days by certified mail return receipt) that I was claiming in excess of 75,000. When are the judges going to hit these people with fines and sanctions???? That is what we really should be asking. Remand is mandated–they think if they ignore the law that we will not find it and that gets them off the hook–its disgusting.

  9. Matt Weidner is a hero.
    I agree with your article about the Judges. But I also say that they need help at the local level. And they are not the only ones who can help.

    IT IS VERY DIFFICULT FOR ME TO DEFEND THE JUDGES JUST BECAUSE OF THE SHEER NUMBER OF FORECLOSURES.

    WHEN AN F-16 HAS A FEW UNEXPLAINED ACCIDENTS THE MILITARY SUSPENDS ALL FLIGHTS UNTIL IT THE PROBLEM IS IDENTIFIED.

    The City of Bell case study Latimes archive articles. shows that we need to do more than fight in the courthouse. We need to remove these banks or regulate them at the city level through city ordinances. The civil rights movement were won when the Local level showed the Feds that they were serious. It take the two. I feel that even with your march to the statecapital was noble and sent a message , what is needed is local marches and audits. In a very civil way to show the judges the politician and the government workers that we want our communities back. WE HAVE TO FIGHT (CIVILY) FOR OUR CIVIL RIGHTS IT IS A PRIVILAGE NOT A GIVEN.

    Going to local council and city meetings can be sustained people dont have to miss work and it sends a clear message. I wish I knew how to do it here in California but I will learn if necessary.

    we the people.

  10. Matt is the leading foreclosure defense atty in the Tampa Bay area. He is legit, you can trust him..

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