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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
George Burns
TO ALL FLORIDIANS

Please visit this site, read the Petition and if you agree that the bills are bad for Florida homeowners, sign the Petition;

http://www.equityintruth.org
Quote 0 0
Unregistered

i am afraid that these 'representatives' have already been bought, and, since they themselves passed a bill that immunizes them from having to answer any question while in 'public' service ~ we will never be able to fine out the details of their 'servitude to the fraudsters'!

Quote 0 0
Unregistered

ps i did sign the petition though, and, have forwarded it on to others.

Quote 0 0
cmc
George,

I signed..

cmc
Quote 0 0
George Burns

Can you cite a few of these Quiet Title cases?

Quote 0 0
Unregistered
howard790

One problem in non-judicial foreclosure states, the homeowners has to file suit and when they file the banks will then have standing to be in court.

In judicial foreclosure states, standing is required to file suit.

Quote 0 0
In reference to  non-judicial foreclosure states. You need to prove that they have no standing. Than they have to prove that they "DO" have standing. So if you believe that (and you can prove that they don't have standing) they have no standing.Here we go. 

It's just like a Bankruptcy hearing. You have to prove to the Judge that the person asking for a relief is in the wrong. "Now the party asking for the relief has to prove that they are entitled a relief. And here we go again.

What I am trying to say is that; In the state that I reside, It is dam if you do, and it is dam if you don't.

One day a Federal Judge might simply see that at least one homeowner is correct in all of the research that they spent many,many,many, nights to save their home for their family.

I just want to let everyone know that to each his own. You can listen to some people here. And you can do what you want to do. But I will do what I feel is the best for my situation. I hope that some people feel the same.
Quote 0 0
Unregistered

Quote:
In reference to non-judicial foreclosure states. You need to prove that they have no standing. Than they have to prove that they "DO" have standing. So if you believe that (and you can prove that they don't have standing) they have no standing.Here we go.

It's just like a Bankruptcy hearing. You have to prove to the Judge that the person asking for a relief is in the wrong. "Now the party asking for the relief has to prove that they are entitled a relief. And here we go again.

 

Your post shows that you fundamentally misunderstand the standing concept.

 

A plaintiff must show its standing in order to establish that a court has subject matter jurisdiction.  This is never the defendant's burden, EXCEPT that a defendant might need to show standing as to its own counterclaims (for which it bears a burden of proof). 

 

In non-judicial states, since it is the borrower who is bringing the action it is the borrower who must prove standing.  The purported creditor/lender is the defendant in such an action.   

 

Standing can be used as a shield to have a case dismissed.  It can never be used as a sword to attack a defendant.  Mr. Roper explained this in several posts years ago.

 

It is a recurring source of confusion.  Ignorant pro se defendant read cases being litigated in U.S. Courts and in state courts in judicial foreclosure states, then bring an action in a non-judicial foreclosure state and seeking to use these standing decisions as a cudgel in beating the lender/defendant.  This NEVER WORKS! 

 

This confusion is also routinely used as part of the swindler's deception.

 

Those faced with non-judicial foreclosure are particularly vulnerable.  Swindlers use the standing decisions in the judicial foreclosure states as a pretext to support specious Quiet Title complaints.  Citing the standing decisions gives the swindler's complaints the veneer of authenticity, when, in fact, the quiet title action contains no valid cause of action at all.  The swindler is simply scamming the distressed borrower out of his very last $1 on his way to financial ruin.  

Quote 0 0
Ann

George,

Re.

 

TO ALL FLORIDIANS

"Please visit this site, read the Petition and if you agree that the bills are bad for Florida homeowners, sign the Petition;

http://www.equityintruth.org

I signed the Petition and forward it to friends and families

Quote 0 0
Ann

 

LOTS OF INFO BELOW ON SB 1890 EMAILING FLORIDA SENATORS TODAY, ATTENDING DEMONSTRATION TOMORROW & MANY OTHER UPCOMING EVENTS

SB 1890 the (UN)Fair Foreclosure Act is posed to pass on the Florida Senate Floor this week. There is a protest planned tomorrow morning in West Palm Beach (details here). Please email the Florida Senators (Florida Senator email list & suggested comments opposing SB 1890 below)

Rocket Docket coming back to a Fraudclosure Court near you! More here. 
 
 VOTE NO ON CS/CS/SB 1890

sobel.eleanor.web@flsenate.gov, altman.thad.web@flsenate.gov, benacquisto.lizbeth.web@flsenate.gov, bogdanoff.ellyn.web@flsenate.gov, braynon.oscar.web@flsenate.gov, bullard.larcenia.web@flsenate.gov, portilla.miguel.web@flsenate.gov, detert.nancy.web@flsenate.gov, dean.charles.web@flsenate.gov, dockery.paula.web@flsenate.gov

evers.greg.web@flsenate.gov, flores.anitere.web@flsenate.gov, garcia.rene.web@flsenate.gov, gardiner.andy.web@flsenate.gov, gibson.audrey.web@flsenate.gov, haridopolos.mike.web@flsenate.gov, jones.dennis.web@flsenate.gov, joyner.arthenia.web@flsenate.gov, latvala.jack.web@flsenate.gov, lynn.evelyn.web@flsenate.gov

montford.bill.web@flsenate.gov, norman.jim.web@flsenate.gov, rich.nan.web@flsenate.gov, ring.jeremy.web@flsenate.gov, sachs.maria.web@flsenate.gov, simmons.david.web@flsenate.gov, siplin.gary.web@flsenate.gov, storms.ronda.web@flsenate.gov, thrasher.john.web@flsenate.gov, wise.stephen.web@flsenate.gov

District Member email Capitol/ District #

37 Garrett Richter R richter.garrett.web@flsenate.gov (850) 487-5124 / (239) 417-6205
29 Chris Smith D smith.chris.web@flsenate.gov (850) 487-5112 / (954) 267-2114
17 JD Alexander R alexander.jd.web@flsenate.gov (850) 487-5044 / 1-800-444-974721 Mike Bennett R bennett.mike.web@flsenate.gov (850) 487-5078 / (941) 727-6349
11 Mike Fasano R fasano.mike.web@flsenate.gov (850) 487-5062 / (727) 848-5885
4 Don Gaetz R gaetz.don.web@flsenate.gov (850) 487-5009 / (850) 897-5747
20 Alan Hays R hays.alan.web@flsenate.gov (850) 487-5014 / (352) 742-6441
35 Gwen Margolis D margolis.gwen.web@flsenate.gov (850) 487-5121 / (305) 571-5777
28 Joe Negron R negron.joe.web@flsenate.gov (850) 487-5088 / (772) 219-1665
14 Steve Oelrich R oelrich.steve.web@flsenate.gov (850) 487-5020 / (352) 375-3555
31 Eleanor Sobel D sobel.eleanor.web@flsenate.gov (850) 487-5097 / (954) 924-3693
24 Thad Altman R altman.thad.web@flsenate.gov (850) 487-5053 / (321) 752-3138
27 Lizbeth Benacquisto R benacquisto.lizbeth.web@flsenate.gov (850) 487-5356 / (561) 753-2440
25 Ellyn Setnor Bogdanoff R bogdanoff.ellyn.web@flsenate.gov (850) 487-5100 / (850) 487-5100 / (561) 650-6833
33 Oscar Braynon, II D braynon.oscar.web@flsenate.gov (850) 487-5116 / (305) 654-7150
39 Larcenia J. Bullard D bullard.larcenia.web@flsenate.gov (850) 487-5127 / (850) 487-5127
36 Miguel Diaz de la Portilla R portilla.miguel.web@flsenate.gov (850) 487-5109 / (305) 643-7200
23 Nancy C. Detert R detert.nancy.web@flsenate.gov (850) 487-5081 / (941) 480-3547
3 "Charlie" Dean, Sr. R dean.charles.web@flsenate.gov (850) 487-5017 / (352) 860-5175 / (352) 873-6513
15 Paula Dockery R dockery.paula.web@flsenate.gov (850) 487-5040 / (863) 413-2900
2 Greg Evers R evers.greg.web@flsenate.gov (850) 487-5000 / (850) 689-0556 / (850) 595-0213
38 Anitere Flores R flores.anitere.web@flsenate.gov (850) 487-5130 / (305) 270-6550
40 Rene Garcia R garcia.rene.web@flsenate.gov (850) 487-5106 / (305) 364-3100
9 Andy Gardiner R gardiner.andy.web@flsenate.gov (850) 487-5047 / (407) 428-5800
1 Audrey Gibson D gibson.audrey.web@flsenate.gov (850) 487-5024 / (904) 359-2553
26 Mike Haridopolos R haridopolos.mike.web@flsenate.gov (850) 487-5056 / (321) 752-3131
13 Dennis L. Jones R jones.dennis.web@flsenate.gov (850) 487-5065 / (727) 549-6411
18 Arthenia L. Joyner D joyner.arthenia.web@flsenate.gov (850) 487-5059 / (813) 233-4277
16 Jack Latvala R latvala.jack.web@flsenate.gov (850) 487-5075 / (727) 556-6500
7 Evelyn J. Lynn R lynn.evelyn.web@flsenate.gov (850) 487-5033 / (386) 238-3180
6 Bill Montford D montford.bill.web@flsenate.gov (850) 487-5004 / (850) 653-2656
12 Jim Norman R norman.jim.web@flsenate.gov (850) 487-5068 / (813) 265-6260

34 Nan H. Rich D rich.nan.web@flsenate.gov (850) 487-5103 / (954) 747-7933

32 Jeremy Ring D ring.jeremy.web@flsenate.gov (850) 487-5094 / (954) 917-1392
30 Maria Lorts Sachs D sachs.maria.web@flsenate.gov (850) 487-5091 / (561) 279-1427
22 David Simmons R simmons.david.web@flsenate.gov (850) 487-5050 / (407) 262-7578
19 Gary Siplin D siplin.gary.web@flsenate.gov (850) 487-5190 / (407) 297-2071
10 Ronda Storms R storms.ronda.web@flsenate.gov (850) 487-5072 / (813) 651-2189
8 John Thrasher R thrasher.john.web@flsenate.gov (850) 487-5030 / (904) 727-3600
5 Stephen R. Wise R wise.stephen.web@flsenate.gov (850) 487-5027 / (904) 381-6000
--
Lisa Epstein
Latest Fraudclosure News on Twitter here
EVENTS
March 6th 11:30am West Palm Beach, FL Demonstration against SB 1890 - Florida Senator Chris Smith's office.
1077 N. Tamarind Rd, West Palm Beach
March 7th 10am-12pm ET web-radio every Weds morning WPBR 1340am S. Florida - Fraudclosure Awareness Radio live stream here (if technical difficulties, try scrolling down here)
March 10th 1:30pm Tampa, FL Occupy Tampa & April Charney Fraudclosure Awareness Teach-In. More here
March 17th San Diego, CA Occupy San Diego Fraudclosure Awareness Teach-In. More here
March 31st Detroit, MI National Conference for a Fraudclosure & Eviction Moratorium. More here
May 10th 9:30am Tallahassee, FL Florida Supreme Court Fraudclosure Case Oral Arguments Pino v BoNYM. More here

URGENT NOW! EMAIL FLORIDA SENATORS INSIST THEY OPPOSE SB 1890! Email pointers & contact info below!

________________________________

REMEMBER each and every Florida House & Senate member is up for reelection this year due to redistricting.

CS passed as amended; YEAS 94, NAYS 17 Wednesday, February 29, 2012 12:04 PM

While it's clear the legislature has already decided to pass this bill, we still have one last chance to voice our strong opposition.

VOTE NO TO SB 1890!

THIS BILL PROVIDES HARMFUL OR MISGUIDED SOLUTIONS TO A MASSIVE FLORIDIAN PROBLEM.

In Palm Beach County alone, there are 10,794 final judgments in foreclosure cases that are over one year old yet where the bank has not proceeded to sale. In almost every single one of these cases, a sale was set by a judge, cancelled by the bank, and then never reset DESPITE an estimated 90% being uncontested.

This study should be repeated in every county. It proves that there is much misunderstanding of the nature of Florida's foreclosure crisis. The faster foreclosure bill, SB 1890, is a misguided attempt to solve a problem that has not been fully studied or understood while undermining due process rights and property rights of millions of Floridian citizens. We all know that the misrepresentation of this bill being limited to "abandoned" homes is a slick bait-and-switch. We all know how abusive the financial services industry is to citizens. We all know that any home, anywhere can be determined "abandoned" in the same way that tens of thousands of active duty, deployed military members were determined "non-military" as they lost their homes in illegal foreclosures. The financial services industry has a clear, unbroken track record of violating laws and settlement agreements. We all know this.

In addition, the legislature's ostrich approach to foreclosure fraud and widespread property ownership document fraud is offensive. Instead of protecting citizens harmed by a pervasive, deeply damaging fraud our elected officials are legislating the polar opposite, methods for the fraud to be perpetrated faster and smoother while dispossessing millions from their homes during a crushing economy.

Ignoring widespread, widely recognized real estate document fraud only serves to lessen confidence in our real property commerce for decades. The bill is completely silent on the massive fraud against the people. Where are the protections for the people? It's not just assignment fraud that the industry frames as "techicalities" but now a growing body of evidence reveals equally widespread promissory note fraud.

Ignoring the foreclosure fraud chain of title problems only dumps these problems on potential new buyers.
Line #387 may violate Obama's 2009 Tenants Rights in Foreclosure.
Also, since people of Florida are also heavily invested in the mortgage-backed investment pools, the bill's section on automatic 3%-of-mortgage lawyer fees for bank lawyers will ultimately be paid by our retirement accounts (including Florida's retirement fund), pension funds, and Florida taxpayers (Freddie/Fanne). Palm Beach County has approx. 1.5 billion in our investment fund, 40% of which is invested in Freddie/Fannie/Ginnie mortgage-backed securities. We will be paying that 3%-of-mortgage bank lawyer fee because it will be billed to us as the "investor".

Quote 0 0
Unregistered

This is good information, however, if as stated, the passage of this bill is a certainty, what are the options for Floridians fighting foreclosure?  I know that April Charney is holding a seminar in Tampa this weekend, but is all of this a moot point if the new bill is in fact passed?  It would appear that if passed, there is nothing to block the lenders from totally rolling over homeowners.  The main obsticle has been the need for them to have proper documentation and assignment information.  Since they will no longer have to be burdened with that, what else can be done?....or....do the lenders essentially win?

Quote 0 0
Ann
Not all FL Senators support the Foreclosure bill. Below is a reply from Senator Rich
I think if everyone takes time to e-mail the Senators. the good Senators may be able to insert some safeguard in the Bill to help Homeowners
Quote

Thank you for e-mailing Senator Rich to share your opposition to SB 1890. Senator Rich shares your concerns about this bill, and unless those concerns are resolved, she will not support this bill.

Julie Fishman

Legislative Aide

Senator Nan Rich

Sunrise Office

777 Sawgrass Corporate Parkway

Sunrise, FL 33326

954-747-7933 Phone

954-747-7935 Fax

Unquote

Quote 0 0
Ziobeo
Government had took this step after placing meeting for several time and after discussing it for many days. Its good for the financial condition of the country.
Click on the link below to know more info

Power of Attorney

Quote 0 0
Ann

WILL FLORIDA’S SENATORS DEFY THE PEOPLE AND CAVE TO THE BANKS?

The absurdly horrible piece of legislation that was originally called the Florida (un)FairForeclosure Act of 2012 is sitting like a stray, rabid cat just waiting to get released out of its holding cage and left free to run wildly around the Florida Senate chambers.

There has been a remarkable outpouring of opposition to this bill, with untold thousands of phone calls, emails and personal contacts made by attorneys, consumer groups, activists and just good concerned citizens.

It became very clear that this bill had major problems during last week’s Senate Banking and Insurance Committee meeting when good Senators from both parties expressed their concerns. The last day this bill could be heard is this Friday and if it’s not put on the calendar, then the bill is dead for this session. Yes, there are rules, but in this state they can suspend their own rules and this mess could be up for a vote even until the very last minute.

So keep the pressure up, keep the phone calls and the emails going. Whatever the outcome, there is a true honor roll of good Senators who listened to their voters and voted against this thing. The true hero is Pasco County Senator Mike Fasano, followed by Senator Steve Oelrich, then Senators Margolis and Sobel. An honorable mention goes out to Senator Michael Bennett of Manatee County who voted for it, but expressed real reservations, we count them all as Friends of Justice!

On the House side, we recognize all 17 who voted against this abomination but most especially, we should all recognize a true hero and friend to consumers, Darren Soto.

When this session ends, no matter how this vote goes down, we will all get together and devote as much attention to supporting those who stood up for Justice as we have toward defeating this bill.

We’re almost there, the finish line is in sight…..

PLEASE LOG ON HERE TO SHOW YOUR SUPPORT FOR THIS EVENT!

Quote 0 0
Unregistered

bills were not even brought to the Senate floor --- yippers

Quote 0 0
Unregistered

hold on i forgot this is florida -- they somehow just extended the time

Quote 0 0
Ann
Victory ! We won. The Fraudclosure Act is dead. Thank you George and all others readers who participed in the fight. Thanks the good Senators and Representatives. 

We Fought The Law…AND WE WON! Foreclosure Bills DEAD! (for now)

When the 2012 Florida Legislative Session ended last night around midnight, the two remaining foreclosure bills were not read and were not passed by the Senate.

This was the third year that attorneys, consumer groups and activists worked together to stand up against the most powerful groups in the state, and it was certainly the most exciting. The effort was was especially inspired by the very active support and participation by several of this state’s faith-based groups, including PICO Florida , FOCUS, The Florida Consumer Action Network, Sarasota’s Mortgage Justice Group and members of Florida’s Tea Party!

The greatest thanks goes out to all of you that took the time to make calls, and especially those who drove to Tallahassee to put a personal face to all of this effort!

WE CANNOT REST! We now enter the next, and what will be a most critical phase…moving forward with all the great momentum this remarkable coalition has built.

We will identify additional issues and groups to support and become even more engaged in lawmaking and policymaking going forward!

Make sure you send special Thank You emails to the good senators who did stand with us, and all the Representatives…and be prepared to get involved in all their campaigns.

My heroes in this effort were Senator Mike Fasano, Senator Steve Oelrich and Representative Darren Soto….and all of you!

Quote 0 0
It is very inspiring when the voice of the masses can bring about real change in the system and even more so when the change is not cosmetic. At least today the part in me that feels that justice should prevail rejoices.
Family Lawyer
Quote 0 0
xyz

"family lawyer" = wtf?????????????

Quote 0 0
Write a reply...