FRAUD UPON THE COURT- CASE DISMISSED

The Foreclosure Hamlet ^ | 8/12/2010 | The Foreclosure Hamlet

[Chunga85]

FRAUD UPON THE COURT! Case Dismissed!

In the Circuit Court of the Fourth Judicial Circuit in and for Duval County, FL

[Chunga85]

Here's a Judge who must have missed the Meenu ("I haven't seen any widespread problem") Memo.

Thank you Judge Johnson - (904) 630-2526 - for not allowing the Foreclosure Mills to run roughshod through our courts system.

DISMISSAL WITH PREJUDICE

DONE AND ORDERED

[MizSterious]

You know, it wouldn’t hurt to put some info here, such as which case you’re talking about—just for instance.

[DJ MacWoW]

Yeah I don’t know what they’re referencing either.

[Chunga85]

You're right folks. I saw this ruling and posted with great haste. Recently this came from FL Attorney General McCollum's Office:

Florida Law Firms Subpoenaed Over Foreclosure Filing Practices I linked Circuit Court Judge Jean Johnson's decision to dismiss with prejudice in favor of the defendants to illustrate that not all Judges are in bed with the "Foreclosure Mills". Apparently Judge Johnson has had enough.

[101voodoo]

I don’t get this. If a homeowner fails to pay the mortgage per original agreement, why shouldn’t there be a foreclosure?

What, exactly did the lawyers do which broke the law/ What about the lender, are they not entitled to either their money or the collateral?

[manonCANAL]

RESTOREAMERICAPLAN IT’S WORKING

[Chunga85]

That's a fair question and it boils down to "unjust enrichment". If a "lender" as a straw man for purveyors of exotic and synthetic mortgage backed securities, over-appraised, over-collateralized, and over-insured these financial instruments - then got bailed out by tax-payers - just WHO is on the receiving end of "unjust enrichment"? This is a Nation of Laws. If a borrower is found guilty in the act of borrowing said borrower should be held accountable to the law. If a lender is found guilty in the act of lending said lender should similarly be held accountable to the law. That's not happening.

Examples Galore

[etcb]

I am not sure this question centers on the right of the owner of the mortgage to collect but rather the responsibility of the entity claiming to own the mortgage to prove that fact. When you foreclose, you have to prove not only that the borrower did not make payment but that you are the rightful owner. Anyone can claim to own anything but proof is required when you use the courts to enforce your claim.

[101voodoo]

Cannot argue with what you say. But hard can it be to trace the mortgage? If an investor buys a package of securities including mortgages then all the mortgages in the package would be owned by them.

Is this what the Judge disputed? Or was the ruling simply based on pity for the mortgagee and animosity for the “big bad investor”?

This country his HISTORY if people do not learn to be, in fcat FORCED to be accountable for their actions and stupidity. How about reading the damn document before signing it? How about hiring an attorney?

Caveat Emptor all the way.

[Chunga85]

The reluctance of lenders to come forward and identify themselves as the party that has been damaged by the alleged default raises the question: Have they been made whole (multiple times) by financial wizardry and stuffed the bill to the taxpayer? It's the rule rather than the exception that parties bringing foreclosures into court will refuse to respond to Debt Validation or Qualified Written Requests, Motions to Compel, etc. If a defendant get's too close to striking a nerve these foreclosing parties basically plead the Fifth and seek a Protective Order in an effort to avoid a deposition. Also worth consideration is the common practice by lenders who fail to record assignments properly and skip out on paying for legally required doc stamps (pursuant to FL Statute 201.08)

In the CASE cited here the plaintiff failed to pay the county $13,150.50 in doc stamp fees. This resulted in the court granting a Motion to Dismiss in favor of the defendants.

[biff]

Sometimes when they divy up the MBS’s up amoungst investors they end up cutting mortgages into pieces. How about owning only 10% of the house you are trying to foreclose on? Gotta have the paperwork. It took six months for the mortgage company to find my deed and contract after being passed around the country for all those years.

[Lancey Howard]

LOL, you again... Back rooting for the deadbeats and bums.
Is this because YOU are a deadbeat and a bum? Let’s hear your story.

[Chunga85]

Sorry to disappoint you Lancey. I’m not falling for your Ad Hominem Propaganda.

The issue here is whether or not these foreclosure mills are obeying the law.

Are you a mill attorney?

[tweakDU]

Project much?

[Elle Bee]

when a lender "modifies" a mortgage they usually reduce the rate and change the term AND add on fees and interest

Those fees and interest make the modification a new note and they are supposed to pay doc stamps and record the new note

They rarely do and that becomes a problem

I've seen banks in second position (2nd mortgage) insist that they are then in first position because the lender who enters the modification doesn't do the paperwork to subordinate the second mortgage

It's a mess out there

.

[Elle Bee]

when a lender "modifies" a mortgage they usually reduce the rate and change the term AND add on fees and interest

Those fees and interest make the modification a new note and they are supposed to pay doc stamps and record the new note

They rarely do and that becomes a problem

I've seen banks in second position (2nd mortgage) insist that they are then in first position because the lender who enters the modification doesn't do the paperwork to subordinate the second mortgage

It's a mess out there

.

[etcb]

Caveat Emptor all the way.

>p>I agree that the buyer should beware, and that includes anyone buying a package of mortgages.

Personally, I can't work up any pity for a person who doesn't pay their bills but there is more at issue here than deadbeats. This is about maintaining a legal framework for doing business. Shortcuts were often taken, not by the person borrowing the money, but by the lenders and those in the secondary market. That they are being required to prove their untainted ownership prior to being allowed to foreclose is upholding good business practice, not upholding deadbeats.

I still worry about the people who send mortgage payment every month to someone who notified them that they hold the note but doesn't provide any evidence of that fact. What happens if you pay the wrong person for years then can't get clear title to the property. When you shortcut the legal process, it might save money in the short term, but it certainly causes problems down the road.

[Lancey Howard]

How in the world do people get tangled up with these “foreclosure mills”, anyway.
Oh! I know! By being deadbeats and bums who do not live up to their end of a written contract.

So, what do you think is the proper remedy for deadbeats and bums who may have been mistreated somehow by these “foreclosure mills” (whatever they are) - - forgiveness of debt? Free houses? Is that what you’re looking for, Bunky?

[Chunga85]

Look up the term “Pooling and Servicing Agreement”.

[American Bulldog777]

Well you seem to GET IT, Thank Goodness.

If you profess to foreclose on me you had better be able to PROVE IT UP...K.I.S.S.