Fla Chief Justice Lets Light Shine In

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

“The Courts of Florida Belong to the People of Florida”  –Chief Justice Charles Canady

Following reports that Judges were closing their courtrooms to the public after getting increasingly uncomfortable with potentially embarrassing errors and outright bias, Chief Justice Canady has ordered corrective measures. The action was prompted by letters of protest challenging the ad hoc closed sessions. The Florida Press Association, ACLU and others joined in challenging the right to close the sessions.

Judges are getting increasingly nervous about their prior rulings, their current rulings and their future rulings. As evidence mounts that the foreclosure process has been fatally flawed, and increasing signs show that the reason the process was corrupted by pretender lenders was to cover up fatally defective so-called mortgage loans, the judicial system is stuck right in the middle of what might be the largest policy battle in American History. The Judiciary normally shuns policy debates, deferring such things to the legislative and executive branch.

However the finesse of the judiciary system is the cornerstone of the securitization battle. If pretender lenders are not allowed to proceed without proving cases they cannot ever prove, the results is a massive shift of wealth back to the middle class on a scale unknown in human history — except for the shift which preceded it from the middle class to the aristocracy. If the pretender lenders are allowed to proceed, it means discarding centuries of statutes, laws and precedents regarding title to real property, commerce, certainty in the marketplace and the power of government itself.

The showdown then is between government and private interests and the forum is the court system. At the core of the showdown is whether the citizens of this country will continue to have enough confidence in the entire government system to let it govern. That confidence is not only slipping away, recent events on the internet and on the ground show that people have gone from restless to getting organized. Justice Canady, recognizing the importance of the essential rights of the people has correctly instructed all Judges that their proceedings must be open to public and press scrutiny. This issue, in Florida at least, will not be settled behind closed doors.

28 Responses

  1. If only New York Chief Judge Lippman gets to read this.

  2. Try the fiction that Litton created via MERS:
    1) an assignment into a ‘pool’ that had to have ‘closed’ almost 5 years earlier.
    2) loan to be transferred to ‘pool’ was supposedly in default for over at year a the time of the creation and filing of the assignment,
    3) assignment is self-serving in that it transfers the goods to the entity that the signers claim they are already working for.
    4) the loan docs (DOT) name MERS as the BENEFICIARY so any transfer to any member of MERS is a self-serving assignment. The pool trustee is a MERS member.
    5) the PSA requires the assignments to be done as a CHAIN of assignments during that limited window of time, not the extremely late single-stage assignment created by the Litton employees.

    Looks like Litton was batting 1000 when they schemed up this assignment. Anyone want to bet on it having gotten the loan in to the pool as represented by the bogus filing with the county recorder?

    It is also not nice to breach a stay to file such a piece of garbage.

  3. So the DA sez it’s kinda like “Law and Order”, ya know? The coppers bring us the evidence, and we decide if we have a case to pursue. So, tomorrow, I’m off to the Cop Shop. Wish me ruck!

  4. Leapfrog ,
    This article is a shocker…. the administration is really on the side of the banks. Are we now serfs for the banks, and the government? Sure looks like it !!!

  5. .
    This link should be repeated with each post until it has become viral:

    http://www.c-spanvideo.org/program/FannieMaean

    also:
    Janet Tavakoli ( http://www.tavakolistructuredfinance.com )
    .

  6. check out creditslips.org fisking the asf

    great stuff

  7. Yes John it’s gonna be a bitch. But well live to fight another day so they will loose now or they will loose later but they will loose.

  8. B davies I bet my Loan didn’t make it to the trust
    typical
    indymac

  9. MERS AUDIT TRAIL IN DISCOVERY
    THE ENTRY INDYMAC FEDERAL WAS MADE 2007, THAT WAS A YEAR BEFORE INDYMAC FAILED.

    ORCHID ISLAND MADE ENTRIES BEFORE IT EXISTED.

    THE NOTE DID NOT MAKE IT TO THE TRUST.

    http://www.scribd.com/doc/44983636/MERS-AUDIT-TRAIL-BY-JAMES-MCGUIRE-FOR-B-DAVIES-Mers-Audit-Trail

  10. Deb Wynn, the lis pendens will be denied if the issuer cannot prove up their case. It’s like a mini summary judgement

  11. it should be clear,this paper work is nether mistakes or inept but deliberate debt collection techniques pulled off by the gamed system. Part of the scheme to further the players gains, Its obvious – did the banks & financial servitude industries “suddenly”forget how to keep track of $$$ ??? NEVER! WTF are you thinking?
    Mistaken or shoddy paperwork is as stupid & thought out as”deadbeat borrowers”
    Stop falling for this $HIT.. see the forest thru the trees!

  12. Jan van eck
    this is a good question. On my case that’s what was done so I wonder too. If John and Jaforgot are served what they are doing is trying to line themselves up for a quiet title. The lis pendens was placed by me and they are wanting that removed by the court and then quiet title. Hmmm what do you think about this maneuver just asking your opinion not legal advice

  13. Hallaluhah ( a littleone)

  14. I continue to say FLORIDA JUDGES ARE THE MOST CORRUPT IN THE COUNTRY!

    FLORIDA HAS NO LAWS!!! Just Vigilante activist PRO BANK, PRO WALL STREET JUDGES!

    BILL MCcullom makes my point everyday while he sits on his Lame Duck Hands while making back room deals with the BANK FRAUDSTERS!

    ITs a Double Whammy in FLORIDA! No LAWS & NO AG!

  15. Chief Justice Canady can say all he wants, but circuit Judges ARE NOT required to do a damn thing!!

    Suffice, the Secret ROcket DOckets will continue unfettered in the JUdges private Chambers!

    MORE LIP SERVICE FROM A EMPTY SUIT!

  16. We are watching the courtrooms in foreclosure battle across the nation and some Judges are making history. Some i na good way and some not. Hopefully The decisions theses Judges are making today will decide their own professional career demise or success in the future.

  17. I noticed the “John Doe” service, too !
    And wondered about it.

    My friend accepted service and he not a “John Doe,” by any means. In fact, the service also said he was white and he is not. Hmmm.

    Another point: I listened to the Tavakoli interview in the above link. Very good. One thing rubbed me wrong. I disagree we have to correct the problems of the mortgage crisis on a case-by-case basis, examining each homeowner’s income requirements and so on…basically requiring homeowners to re-qualify for and re-purchase their own homes! As well as re-contracting with these monsters. We should not be punished and humiliated in this way for bad bank behavior we did not sign up for.

    The time for loan modifications is OVER !!
    FRAUD has taken its place and since there is no legitimate paper, we will have to address the alleged loans now on a MASS scale, not individually. Whether the alleged loans are litigated or banks are forced to correct principles, or both. Besides, case by case would take AGES and slow the recovery even more, and we’ve already seen that banks are inept at processing paperwork, so why would we trust them now to a good job of accommodating public reform ?

    Further, we don’t need extra “independent” government-regulated organizations set up to process loan applications. Either wipe out these phony loans en masse or give people a choice to litigate correct principles. THEN, if the homeowner doesn’t pay, modify the loan or process the foreclosure. Someone will have to insure these titles, though, and make sure the foreclosure paperwork is accurate to proceed.

    Why don’t we set up massive panels to inspect paperwork for fraud, that would be more prudent. Then those people would have a choice of the clear title, litigate, or walk away.

  18. Speaking of “letting the light shine in,” but slightly off-topic, I would like to know WHY the 14 recent suits against MERS are “under court seal”. What does that mean & shouldn’t this be public information?

    http://www.timesleader.com/news/ap?articleID=5765646

  19. A big question here is: what about the bad behavior and loss of homes to illegal foreclosure. It seems to me that homeowners who lost their home can now come back and get justice. I would not want to be a judge on the losing end of this. The pretender/lenders will not be able to help them or even want to help them. I like the part about the populace getting organized. Let’s do it! http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  20. Jan: I’m only surprised that such complaints aren’t served on Does 1-100 as the “servicers” attempt to quiet title and “foreclose” on the interests of the MBS “investors” and any other securitizing intermediary (as well as the property owner).

  21. Detainer complaints are now being filed and “served” reciting the respondent Defendant(s) as “John Doe” and “Jane Doe.” That raises the interesting question as to whether the respondents should or could file an Appearance and an Answer and counterclaims as “John doe” or “Jane Doe.”

    I invite comments on this paradox.

  22. Uplifting post.

    My friends and I are going to the court to research other unlawful detainer complaints, because in two of our complaints now we’ve found matching fatal errors of the type we suspect are on a mass scale. This will devastate Wells Fargo. You know, the ones who say they don’t have very many errors. ?

  23. Neil, please point me to the groups that are organizing. Do you have links to any of them?

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