Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Does anyone know if Florida Statute state that if a case is pending in the Appellate court that no acion can take place in the lower court? Here's what's going on... my property is in foreclosure in Miami-Dade county... judge handed down final judgment in favor of bank. I filed motion to dismiss void judgment... judge dismissed my motion. So I filed Notice of Appeal in March 2008, and judge recused himself the following day.
I filed initial appellate brief, and bank did not answer... I filed motion to dismiss and appellate court ordered Deutsche bank to answer in 10 days, Sept 10.  Bank still has not filed an answer.  In the meantime, bank filed in lower court to reset sale date, so recused judge signed order to reset sale date!!! Immediately I filed motion to appelate court to strike order for sale date as order handed down is nullity... recused judge CANNOT sign order in this case, so the appellate court vacated order.
However, to date, Appellate court has not handed down an order, and yes, the scumbags again filed Notice of Sale in lower court... I MUST stop them, so I need to get the Florida statute that bars the lower court from allowing the sale date, so that I can file a motion in the appellate court to strike sale date... believe me, I've searched the Florida statutes and cannot find it, but I strongly believe that there is such a statute that forces the lower court to halt all actions while appeal is pending.
Thanks for your input.
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You are mistaken in your belief that the judgment must be stayed.  Whether to grant a stay is at teh discretion of the court, except as expressly shown in the FL Appellate Rules.  See Rule 9.310 at .

Unless you have the resources or have access to someone with resources to post a bond in the amount of the money judgment, or your appeal is based upon an issue with which the circuit judge has uncertainty or sympathy, a stay is very unlikely.

You may be able to halt a stay through a bankruptcy filing, but this may also suspend your appeal.  Also, if you go the bankruptcy route, it is imperative that you obtain assistance from a good competent bankruptcy attorney and that you take especial care not to include any representations in your bankruptcy filing which have the effect of confessing or undermining your claims in the foreclosure suit or the appeal.  For example, rather than identifying the plaintiff as the creditor and showing an amount owed, you may be able to finesse the petition to identify the plaintiff and/or the mortgage originator as possible or alleged creditors showing amounts that they assert they owe.

If you simply list the plaintiff and show in a sworn bankruptcy filing that you owe some amount, you might be confessing to that amount.

Get a lawyer if you are going to go the bankruptcy route.

But also be aware that unless you can make contemporaneous post-petition payments due that the plaintiff probably will ultimately succeed in getting a relief of stay.

However, if the plaintiff is making false allegations or pleading false evidence in support of its claims, you may be able to hold them up for a while.  This is far more difficult after a judgment has been rendered, as the plaintiff will probably base the claim on the judgment rather than the original alleged indebtedness and the proof of the judgment can probably be accomplished without reference to its false evidence and perjured pleadings.

Bankruptcy may very well be at best a speed bump.  
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