New Florida Rule and Two Blogs You must Bookmark

There are two blogs I have been following lately that should be put on your bookmark lists and subscribe to.  I will give them to you below but first this news. This post is a little long but pleae take the time to scroll down through it and read it all.  IT IS IMPORTANT INFORMATION.

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DISCLAIMER

I AM NOT EMPLOYED BY, UNDER CONTRACT TO OR OTHERWISE ASSOCIATED WITH THE TWO ATTORNEYS i HIGHLIGHT BELOW.  I AM NOT A NON ATTORNEY SPOKESPERSON NOR HAVE MY RECOMMENDATIONS BEEN SOLICITED BY EITHER ATTORNEY NOR HAVE WE RECEIVED ANY COMPENSATION WHATSOEVER.  THEY ARE FEATURED DUE TO THE INFORMATION THEY PROVIDE WHICH THIS EDITOR FEELS IMPORTANT TO THE FIGHT AGAINST UNJUST BANKS AND THEIR ILLEGAL PURSUIT OF FORECLOSURE.
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As you may already know,  Florida’s Court of Appeals recentlly ruled against U.S. Bank as plaintiff in a foreclosure action.  What is even more interesting in this case is that the Defendant was not the borrower but the second mortgage holder on the property.  The Court of Appleals reversed the foreclosure.

The basis of the case was that the Plaintiff – the bank – must prove positive that they own the note they are attempting to foreclose on.  while there is a waiting period to allow the Plaintiff’s to challenge this decision Florida’s judicial system took another step forward acting against banks who “fraudulently” claim they are the owners of the note.

The Florida Rules of Civil Procedures have been ammended and pretty much follows the Appellate Court’s decision.

On February 11th the Florida Supreme Court updated the pleading requirements for residential mortgage foreclosure cases.  From the Order:

First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.
Rule 1.110, General Rules of Pleading, has been updated to reflect the changes.
The Supreme Court also modified the following forms for mortgage foreclosure cases:
  • Motion to Cancel and Reschedule Foreclosure Sale as new form 1.996(b)
  • Affidavit of Diligent Search and Inquiry as new form 1.924
  • Amendments to Florida Rule of Civil Procedure form 1.996 Final Judgment of Foreclosure

“Because the amendments to form 1.996(a) (Final Judgment of Foreclosure) were not published by the Court for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments, on those amendments only, with the Court.”

The other forms and rule changes are effective immediately.  The amended forms can be found in the Florida Supreme Court’s Order, cited above.

There you have it.  Justice is slowly but surly returning to the justice system. A bank can no longer come into court and say “your honor, we had the note but it was lost, stolen or destroyed so please just allow us to re establish it and we can move on with our illegal foreclosure”. This is major.

Now on to the two blogs I said you must follow.  Both of them are from foreclosure defense attorneys and both are on the “pathway to Justice” this blog promotes.

Matt Weidner Blog

In a recent post, Widespread Assignment / Notary / Foreclosure Fraud- Deposition of David Stern Employee Cheryl Sammons posted February 22nd, 2010, IS A MUST READ AND SAVE.

He ends his piece by saying;

All of this goes to prove several things: that the “lenders” and their agents have absolutely no respect for the Courts; no respect for Court Orders; will do whatever they please unless their feet are held to the fire; and have to be watched like a hawk with eyes in the front, sides, and back of your head. We hope that all counsel defending foreclosures will do so.

I, for one, along with many of you, do agree with his last remarks.  These banks along with the foreclosure mill attorneys have “no respect” for the courts, court orders, the laws and most of all the constitutional rights of each and every American.  And, the banks – who have managed to steal our money for generations to come – not only have no respect they have NO REGARD for our Democracy.  They will continue to strip our wealth and acquire our real estate for their own end of year bonuses unless, as Mr. Barnes says, “unless their feet are held to the fire; and have to be watched like a hawk with eyes in the front, sides, and back of your head.”

Read the full article…click here

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As always, I urge you to fight back, fight your foreclosure and tell everyone you know to do the same.  Hold their feet to the fire.  After all, these same banks are the ones that got us all to this point in the first place.
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Comments

  • L .Fitzgerald  On March 14, 2010 at 2:02 AM

    What is a ” SERF” ….
    A member of the lowest feudal class, attached to the land owned by a lord and required to perform labor in return for ( crumbs from the table ) certain legal or customary rights.
    An agricultural laborer under various similar systems, especially in 18th- and 19th-century Russia and eastern Europe.A person in bondage or servitude.

    [Middle English, from Old French, from Latin

    ” servus”,. ” Slave ” ]

    The ” Serf Society” is around the corner…..if we don’t push back Hard very Hard .. to prevent it…the forces of ..

    THE New Enriched Privilege Class of Kings, and Queens of the Washington DC, and Wall Street Trillion Kingdom .
    are hard at work…to eliminate the independent working Middle Class .

    No one in their right mine would wish for their children and grand children …to become a
    ” serf’s ” for the 21st century.

    Push Back Harder and Harder …. for the sake of your grand children !
    We will become the 21st Century …” Robin Hood’s ” !

    Our arrows will be Knowledge , awareness, our swords will be Appeals, Civil Class Suits , Civil actions ..change ..real change will be cleaning ,flushing of the incumbents out ..

    with the Tea Bag party, Coffee party , Donut Party ,

    whatever ..just be active .

    Don’t just sit there watching TV.

    Start protesting…remember the 60’s ..Hell no ..we won’t take it anymore…

    How does the ” Robin Hood Party ” ..mantra / slogan sound ? .

    ” Take it back from the greedy ,spread it back to

    the needy.”

    LF.

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