L. Fitzgerald, A Pro Se Defendant…in his own words

L. Fitzgerald is fighting his foreclosure on his own.  He left this most recent comment here and I thought it important enough to reprint it as a post.  He has some very good advice and some very good information.

The best advice, of course is to consult an attorney who knows how to defend against unlawful foreclosures.  As he says, it is a growing profession.  Most famous of these attorneys is April Charney, a legal aid attorney in Jacksonville, FL.  She sees the injustice and is doing something about it.  she not only holds seminars for individuals, she also holds seminars for attorneys teaching them in great detail how to defend people in foreclsour

There is also Neil Garfield, publisher of livinglies.wordpress.com.  He has a weatlh of information there.

But as he says below, many of you cannot afford an attorney.  You are not alone as most people cannot.  Do as he and I both have said, do the research and fight it on your own – Pro Se.

Read Fitzgerald’s comments here.

In his own words:

Thank you for your comment Rubinoff .

I have more stuff to share with the public.

At this moment I am in Litigation with a Greedy Corrupt Bankster forthe last 20 months .

If you are served with a Foreclosure summons ..you have 20 days to answer to the court ..The best person to help you is a foreclosure attorney .

But if your broke and can’t hire one at least check the Internet ..and click ..How do I answer a Summons ..there are many sites where you can find advice and guidelines on what you can answer. Of course having a good attorney is the best advice.

I did not have the money to hire an attorney back in Feb.’08.. So I’ve made many mistakes while I was Pro Se.
I’ve studied foreclosure Florida Law as much as I can ,and I’ve learn a few things.

My experiences here are not legal advice . I am just telling you what happened to me ..

The first item on your Summons Complaint check list ..should be ..Is the Plaintiff the same lender who I sat down with and signed the loan documents with ??

If its a different banker …that’s a huge red flag ..you have to check your Public Property Record . See if your original loan has any assignments ..its like transferring your loan to other Banks or to the current Plaintiff’s.
If there’s no assignment ..that’s a good sign that you may have a good defense to deny that you recognize this new Banker foreclosing you as a true owner .How can they claim to be the true owners ?

That’s just the beginning. The most important issue is answering that Summons . In the summons the “enemy” will have their claims in paragraphs numbered starting at number #1. If you do not have a lawyer or can’t afford one ..your answer should deny every claim your enemy states. I mean every paragraph…deny everything..the amount due.. .Deny Deny Deny .That will classify your answer as a contested case . This will force your Plaintiff to open his books,documents to Discovery and the burden of proof is on their back ..not yours…

Perfect remedy.. would be to find an attorney ” who gets it”.
” Who gets it” is a term to separate two groups of attorneys out there.

One group of lawyers love the banksters and will work against you. They will tell you that the end is near and that you won’t win. That your case is weak ,and you own the loan…so you are guilty anyway…I know this type of lawyer personally .

The other group are harder to find, but are growing each day more and more. These lawyers are aware of the lying, cheating, and stealing tactics of the Banksters and will defend you 100 % .

Remember answer your summons before 20 days . If you fail to do this.. you are giving your home away in a silver platter to the Bankster.

Another very important tool… that you should have is to request an on line….

[ at your “County Clerk of Courts” in your County ] …

……E. C. F. membership.. ” Electronic Court File” Its free . I opened mine by identifying myself as a Pro Se defendant. What this enables you to do is ..you can open your case file on line and see ..all the motions, affidavits, and all the documents that have been filed in your case..

By having an ECF account you’ll be notified, and warned by an email when any new document is filed in your case..

My experience has been that these cheating Banksters will file documents behind your back and sneak in documents without giving you notice. . They will schedule important hearings , and not notify you. [ that happened to me ]

They’ll win the judgment if you fail to show up at the Final Summary judgment meeting…. By default.

They will sell your property behind your back if you’re not looking. Never trust these Crooks. They are out for blood , and you have to fight back by being informed .

Even with a lawyer ..don’t depend 100 % on them..Do your own research on line and learn as much as possible so you’ll know the legal terms ,and defenses .

I am not a lawyer ,and the stuff I am writing here are my personal experience’s I have suffered in my 19 months in litigation with a cheating, lying,and corrupt Bankster
law firm .[ Florida Default Law Group ]

One of the most corrupt Foreclosure Mill , thats full of young lawyer who are learning early in their career .. how to be Lying,Cheating,dishonest and a disgrace to their profession .

They should be dis-barred and throwed in the Big House for being such a fraudulent,and criminal organization..

I feel today more than ever … we all have to become better educated in Finance, and Law.

We are on our own… out here .

The Government and the Justice system are not watching your back ..

Take Care out there .

LF.

 

 

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Comments

  • Fran Griner  On November 10, 2009 at 11:12 PM

    I have gone through your experiences too, except I am dealing with a homeowner association. It has been awful. I am involved in two cases.

    Just today a judge ruled that I have to pay personally $4875 for just defending my own homewoners association contract by filing motions and making complaints etc.!

    Now they are also trying to foreclose on me too. A disputed lien from the beginning. Of course the interest and late charges and attorneys fees are huge now.

    I wish it was a simple as that original loan document. This is even harder to defend against.

    Do you know any good foreclosure defense attorneys around central florida?. I live in Lakeland.

    • Anonymous  On June 11, 2012 at 5:10 PM

      Do NOT HELP THIS WOMAN! She was propably shut down for all the meth addicts that she rented to. One five year old little girl was raped at her properties. She literally bought her old creepy preacher husband from a poor invalid. She tries to control everyone she knows..she mentally ill and her kids sick

  • R. Supino  On December 11, 2009 at 3:41 PM

    Dear Mr. Fitzgerald:
    We are also trying to defend our foreclosure on our own, well I have been doing all the research because my husband is a bit scared by the bankers also, and Florida Default! I too have found them to be a bunch of arrogant liars, we live in the country and it’s a different world out here, I hope to be able to get my message across to the judge, but I feel I’ll be homeless pretty soon, I just received a lot of paperwork from Fl. default again,Request for admitions,first set of interrogatories,production of documents, etc… and I’m pretty much clueless and getting totally depressed.
    I wish you all the luck in the world and if there is a chance that we can communicate and help each other out, please let us know.
    Sincerely, R. Supino
    bsjhj5@aol.com

  • L.Fitzgerald  On December 13, 2009 at 7:11 PM

    To R.Supino ,

    I am sorry that your are going through this nightmare.

    Of course if you can hire a foreclosure attorney… that would be the best option.

    [ or a Legal advocacy group for persons who cannot afford to pay ]

    I am glad you are researching .. If you haven’t visited
    ” LivingLies ” blog site by Neil Garfield ..go visit it. It’s another great information source for many foreclosure defenses with samples .

    I highly recommend you to join- log in your local E.C.F.
    [ Electronic Court Files ] . In my Circuit Court in Orlando ..they offer this service to attorneys and Pro Se´s.

    This will help you see all document´s that’s being file by Florida Default ” FDLG ” and everything you have filed .

    Get all your mortgage papers organized..have your Mortgage Note copy at hand . Check your Court record files at your local courthouse ..its where they keep a file record of all the documents that are filed in your case. There you can see and compare your Mortgage Note copy against foreclosure copy …that’s if they have the original . There is a lot of forgeries and color copy machines that can print your signature in blue colored ink. If your copy is in some way different ..it may be a fabricated document.

    I am not a lawyer but ..I´ve learned by many mistakes.

    LF

  • raymond ra mos  On May 19, 2011 at 11:51 PM

    I REALLY FEEL BAD FOR PEOPLE WHO JUST DON’T KNOW THE THE BANKING LAWS. I’M NOT A ATTORNEY OR A LEGAL EXPERT BUT I DO KNOW HOW TO FIGHT THEM OFF. I HAVE TWENTY YEARS OF BANKING EXPERINCE IN MORTGAGES,I WORKED FOR F.D.IC. FOR TWO YEARS IN THE ASSET DEPT,WORKED FOR THE BANKING INDUSTRY FOR 10 YEARS I WAS ALSO A MORTGAGE BROKER FOR 9 YEARS, SO I KNOW HOW TO HANDLE THEM VERY WELL. I GIVE THEM A TASTE OF THEIR OWN MEDS. SO IF I CAN HELP ANYONE PLEASE E-MAIL ME OR CALL ME AT 407-949-2985 CELL PLEASE CALL AFTER 10:AM GOD BLESS US ALL

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