Judges Waking Up To Fraud on the Court

This is one of the most important articles ever published that EVERYONE must read.  It was published on the Front Page of the Palm Beach Post today, Sunday, April 3rd.  It is the first real sign that perhaps, perhaps, our judicial system is finally looking at “justice” and protecting the rights of the citizen not the fraud and criminal activities of many in the legal and banking professions.

We here at TheForeclosureDetonator FORUM along with othes such as attorney’s Neil Garfield, Matt Weidner, April Charney and others have been attempting to expose for over three years now.

THIS IS IMPORTANT! Pass this link on to as many as you can.  Pass it on to other attorneys, judges, politicians, friends, neighbors and relatives.  We must strike while the iron is hot.  Justice is beginning to swing our way but WE THE PEOPLE must carry the torch in order to bring justice back to the people and bring criminal justice to those who have and still continue to defraud the American people and the American economy.

This is the link to this post in TheForeclosureDetonatorFORUM:

https://theforeclosuredetonator.wordpress.com/2011/04/03/906/

This is the link to the Palm Beach Post article I have reprinted below.  Please go the this link yourself to view the comments and perhaps even add your own comment.

http://www.palmbeachpost.com/money/foreclosures/foreclosure-crisis-fed-up-judges-crack-down-disorder-1369862.html

This is also IMPORTANT!  It is from tonight’s edition of CBS 60 Minutes. You can read the story by clicking the link below.  We will publish the actual video segment as soon as it is made available by CBS.  Be sure to also read the 60 Minutes Overtime article on Who Really Owns Your Mortgage.

http://www.cbsnews.com/stories/2011/04/01/60minutes/main20049646.shtml?tag=contentMain;cbsCarousel

I have much more commentary on news events of today but due to the length of this post I will refrain from my comments until tomorrow in an new post.  In the meantime.  Pass this on and ask those you send it to to pass it on to others they know.

The fraud has been once again exposed.  While both the Palm Beach Post and 60 Minutes refrain from calling this outright criminal activity we all know it is and crimes must not go unpunished.  Banks, their employees, the law firms and lawyers they employ to facilitate these crimes must all be brought to justice.  THERE IS NO GET OUT OF JAIL CARD for any of them just because they are bankers and lawyers.  They are in fact all CROOKS.

Give us your feedback here.  We can light the torch and carry it to the halls of justice.

Foreclosure crisis: Fed-up judges crack down disorder in the courts

Palm Beach Post Staff Writer

Updated: 10:06 a.m. Sunday, April 3, 2011

Posted: 7:57 p.m. Saturday, April 2, 2011

Angry and exasperated by faulty foreclosure documents, judges throughout Florida are hitting back by increasingly dismissing cases and boldly accusing lawyers of “fraud upon the court.”

A Palm Beach Post review of cases in state and appellate courts found judges are routinely dismissing cases for questionable paperwork. Although in most cases the bank is allowed to refile the case with the appropriate documents, in a growing number of cases judges are awarding homeowners their homes free and clear after finding fraud upon the court.

Still, critics say judges are not doing enough.

“The judges are the gatekeepers to jurisprudence, to the Florida Constitution, to access to the courts and to due process,” said attorney Chip Parker, a Jacksonville foreclosure defense attorney who was recently investigated by the Florida Bar for his critical comments about so-called “rocket dockets” during an interview with CNN. “It’s discouraging when it appears as if there is an exception being made for foreclosure cases.”

In February, Miami-Dade County Circuit Judge Maxine Cohen Lando took one of the largest foreclosure law firms in the state to task in a public hearing meant to send a message. She called Marc A. Ben-Ezra, founding partner of Ben-Ezra & Katz P.A., before her to explain discrepancies in a case handled by an attorney in his Fort Lauderdale-based firm.

“This case should have never been filed,” said Lando, who referred to the firm’s work on the case as “shoddy” and “grossly incompetent.” She called Ben-Ezra a “robot” who filed whatever the banks sent him, and held him in contempt of court. She then gave the homeowner the home – free and clear – and barred the lender from refiling the foreclosure.

Attorney Maria Mussari, who represents the homeowner, said she wasn’t surprised.

“She has become a voice for other judges,” Mussari said. “If judges crack down on following the rules, we’ll still have foreclosures, but maybe the banks will pay attention and do it right.”

Mussari said it’s taken a while for the courts to wake up to the foreclosure disorder because homeowners were largely unrepresented and judges overwhelmed.

“It’s not that they don’t care,” she said. “They have thousands of cases on their docket and it’s the same thing over and over again.”

Ongoing scrutiny by the FBI, the Florida attorney general, the Florida Bar, the media and defense attorneys has uncovered countless examples of forged signatures, post-dated documents, robo-signing and lost paperwork.

As a result, defense attorneys are filing more motions challenging the documents. That means judges must spend more time reviewing documents and holding hearings. The situation was complicated last week when attorney David J. Stern, who operated the largest so-called foreclosure mill in Florida, sent letters to the chief judges of Florida’s 20 circuit courts announcing that he intended to violate court rules and dump 100,000 foreclosure cases without a judge’s order.

“We no longer have the financial or personnel resources to continue to file Motions to Withdraw in tens of thousands of cases that we still remain as counsel of record,” Stern wrote, suggesting that the judges treat the pending cases “as you deem appropriate.”

Last year, Florida lawmakers gave the courts $6 million to hire senior judges and case managers to reduce the foreclosure backlog. Since the money was awarded July 1, judges have cleared nearly 140,000 cases. As of the end of February, 322,724 foreclosures were still in the system.

But clearing backlogs isn’t what judges should be focused on, said University of Miami Law Professor A. Michael Froomkin .

“Substantive justice still needs to be done, and that’s very hard sometimes,” Froomkin said. “When I read stories about judges looking at things more carefully and holding attorneys accountable, to me, the system is doing what it needs to do.”

A closer inspection of cases by judges would slow down the foreclosure train, but the result may be preferable to mere expediency.

“Justice,” Froomkin said. “The outcome, I hope, is justice.”

Alan White, a law professor at Valparaiso University in Indiana, who has studied the foreclosure issue nationwide, said judges had few reasons to doubt banks in the beginning of the foreclosure avalanche.

“They had a lot of credibility,” White said. “Now, when a bank says it owns a mortgage, judges are skeptical.”

White said a smattering of “maverick” judges began poking holes in foreclosures years ago before the media and lawmakers seized on problems in the fall. The judicial momentum has built since then.

“The combined impact will clearly be to change practices and to reduce the amount of corner-cutting the banks and their lawyers are engaged in,” White said. “It could mean foreclosures get slower. It could also encourage banks to pursue alternatives to foreclosure.”

The professors agree it’s difficult for judges to pick out problems in foreclosure cases that are undefended. Homeowner advocate is not their role.

“They don’t fix things,” Froomkin said. “They decide cases.”

Read the full article from the source…click here


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Comments

  • Sony Roy  On November 23, 2011 at 2:34 PM

    I feel your pain and share your concern. My name is Sony Roy and after seven years of intense suffering, I sympathize with those who suffer injustice regardless of social or financial ranks, gender, political orientation, biological age, nationality and race. To all who suffer due to frauds and more specifically Frauds Upon The Court, I pray the God would grant you courage to hold on until justice is done. I feel your pain, I share your concern and God is listening to your cry.

  • Jacksonville dui attorney  On January 31, 2012 at 9:40 AM

    Hey There Larry Rubinoff,
    I just stumbled across this and, We find a very similar statement in scripture that Jesus said when he commanded us not to judge. This is a look at judging.
    Wishes

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  • By paper on May 15, 2012 at 11:20 PM

    Spirit is the real and eternal; matter is unreal and material….

    Disease is an experience of so-called mortal mind. It is fear made manifest on the body….

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