Quote from Carol Asbury, Attorney
am an attorney that has fought this battle against the banks for two years. Much has changed and much needs to change. That change can only come from an arm of grassroots Floridians who have chosen to Fight the Banks Now. If thirty (30%) of the Floridians facing foreclosure would FIGHT -- instead of 95% who walk away -- the dynamics of this battle against the banks/lenders/Trust would change marketedly.
Right now the banks have the upper hand. The Banks created this Ponzi scheme that inflated the values of our homes, made billions of dollars selling loans to anyone with red blood and then re-selling them for billions of dollars more, made billions on the Federal Government bailout, and made millions on bogus trial period modifications. Not to mention all the other ways the Banks were paid for these loans; such as, insurance policies, and credit default swaps. In other words, the Banks made more money on your default than on your modification.
Ponzi schemes have weaknesses inherent in the scheme itself. In this case, the paper trail is often lacking. "Notes" were destroyed, forged or altered in about 40% of the cases. Transfer documents; such as, endorsements on Notes; assignment of the mortgages; and many other legal technicalities were not followed. In short, the act of turning promissory notes into unregulated securities, which are controlled by Trustees and Banks, who fail to identify what and who they are, have created many defenses which are the foundation of many of the mortgage defense strategies, which I and a few other attorneys practice so passionately.
Here is the good news. The law is on our side. Here is the bad news. The majority of the judges in Florida do not follow the law. The Judges see only one thing -- the borrower has not paid the Bank. The Judges do not want to see that these Banks do not own our loans. In short, Floridians who find themselves in the grips of a foreclosure law suit are worst than the worst criminal defendant. The Laws of Florida and the Rules of Civil Procedure do not apply to the Defendant in Foreclosure.
In criminal law, the State must prove its case against the defendant. When a person is sued in foreclosure, the law doesn't change -- the Plaintiff must prove its case with facts and evidence. The Plaintiff must come forward with documents proving it bought and paid for your loan.
Complaints must also state a cause of action. Meaning the facts must be stated that show how the Plaintiff acquired the loan in question. But the judges in Florida often don't require the Plaintiff to make any specific factual statements. The Plaintiff is not required to come forward with any documents or proof of anything.
In short, the justice system has broken down. When the only 2 issues Judges care about are getting rid of their case load and how long has the Defendant not paid his mortgage, then Floridians must rise up and fight the Judges, who are elected officials. Yes, these Judges are elected by us, Floridians. And we can throw them out too! We begin the fight by fighting the Banks. Hire an attorney that believes that the fight can be won. These attorneys are out there. You will know them by the passion in their voices when they speak of fighting your case. Make the banks prove their cases. Don't walk away. If you walk away you are only allowing the banks to steal everything you own and for what? You will get something if you fight. You will get nothing if you walk away.
The second step is to expose those judges who do not want to do their job because the case load is so heavy. We need to expose those judges who are ignoring the law; and, therefore, are assisting the lenders in stealing our wealth and dreams.
On this Web site you have read about many of the illegal activities the lenders are using to fill the gap of missing notes, missing assignments, missing endorsements and missing documentation. But if you have all the law on your side and the judges still rule against you, then you need to get mad at the judges who are violating the law. If our justice system is broken then where do we go for justice. It is up to everyone of you out there to restore this necessary institution back to where it should be -- on the side of the people.
For example, all of us need to be calling our State Senators and Legislators regarding the attempt on the part of the Florida Bankers Association to make this State into a non-judicial state where no Floridian has any rights except to roll over have allow the banks to steal everything without proving anything. You will lose your constitutional right to a day in court. In short, some entity unknown to anybody can come into Florida with the mere allegation that it owns and holds your note and steal your home. In all probability it is a lie but in a non-judicial State it does not matter. And the Florida Bar supports this miscarriage of justice