DISCLAIMER: Nothing on this site can be construed as giving advice. You are to use this information at your own risk. You are to seek competent legal counsel in all legal matters.
If you are currently in foreclosure and your loan is being processed by one of the following foreclosure mills:
1. David Stern
2. Marshall C. Watson
3. Shapiro & Fishman
4. Florida Default Law Group
5.Kahane & Associates,
6. Daniel C. Consuegra
7. Albertelli Law and
8. Ben-Ezra & Katz.
Then this is urgent news for you. These firms are being shut down because of the Robo-signing scandals, and are in a massive state of flux.
The Chinese have a saying; “In Chaos there is opportunity”.
Chances are, if you are one of the hundreds of thousands of homeowners who are being foreclosed upon (or have been foreclosed by) these crooks, then this post is utmost importance to you.
This opportunity lies in two points:
1) You are a victim of fraudulent documents, fraudulent assignments, and robo-signing. All your paperwork submitted into court should be challenged.
2) These firms are going out of business, yet they are still the “Attorney of Record” for the Plaintiffs (the pretender lenders).
If the above named firms are the people handling your foreclosures, you should contact the Florida Attorney General’s office and find out what complaint is being submitted against these firms. You should then take this information and “Motion the Court to take Mandatory Judicial Notice” of these complaints. What this does is that it will bring doubt as to the validity of the documents that they have submitted into court for your case…forcing the foreclosure action to be dismissed. Remember, the burden of proof is on the Plaintiff. If the Plaintiff (in this case, the pretender lender) can not produce valid evidence of proof of claim…meaning the documents they have submitted can be proven to be invalid, then you can motion for the case to be dismissed.
I’ve spoken to quite a few people on our weekly conference calls in Florida who have had their foreclosure actions dismissed because they challenged the attorney on the basis of improper paperwork by the Plaintiff’s attorneys.
You should consult a lawyer to discuss this matter to see if this can be applied to you.
Quiet Title Action
Because your title has been assaulted by people recording false claims on your property, as the title holder of your property, you have a OBLIGATION to defend your title.
What do I mean by “being assaulted?” These foreclosure mills have recorded invalid and false assignments with no proof, no authority and no due process for the mortgage on your property. Remember, according to the US Supreme Court ruling in Carpenter v Longan, the Mortgage follows the promissory note. What this means is, assignment of the Mortgage without control/ownership of the promissory note is voidable (read: meaningless).
The party wishing to foreclose on your property must control BOTH the mortgage and the Promissory note. In most cases, since your note has been securitized (sold on Wall St to investors around the world), your pretender lender only controls the mortgage and tries to foreclose based on that alone; bringing fraud before the court. This is backed up by a recent Massachusetts Supreme Court Ruling in US Bank v Ibanez. The promissory note MUST name the party wishing to foreclose AT THE TIME OF THE NOTICE OF DEFAULT. A faulty chain of title is like bad food, once gone bad, can never be fixed. BLANK ASSIGNMENTS ARE UNACCEPTABLE proof of chain of title. Yet, blank assignments are STANDARD BANK PRACTICE. (read OPPORTUNITY)
ONCE IN A LIFE TIME OPPORTUNITY
Here’s the good news. You now have this limited time, once in a life time opportunity to potentially remove your mortgage from your property via a Quiet Title Action. Here’s the deal, these foreclosure mills are still the “attorney on record for the plaintiff”. This means that if you were to start a Quiet Title Action against your pretender lender, you can serve the “attorney on record” the complaint and summons.
Here’s the deal. These companies are being shut down. They are firing all their employees. They are dealing with the Florida Attorney General for fraud. They have a lot of problems they are dealing with right now. So when you sue them, you are THE LEAST OF THEIR WORRIES. Do you think they really give a hoot’s ass what happens to their clients (the pretender lenders) who have fired them? Yet, being the “attorney of record” means they have a fiduciary responsibility to accept service for their client.
So, if you were to sue your pretender lender, and service this attorney on record…there is a GOOD CHANCE they will not respond. And if they don’t respond within 30 days, then you win by default.
What does that mean?
If you win a Quiet Title Action by default, that means the Judge has to grant you a quiet (clean) title to your home. This means no one can ever come back and sue you for the foreclosure action. It’s done.
If they were to want to try to sue you for a foreclosure, they will have to try to fight the Quiet Title Action first. Courts are not very forgiving on people who lose by default. It’s a “so sorry, too bad deal. You had a chance to respond when the action was served and you didn’t.” If nothing else, this will likely buy you another 3 to 6 months of time.