A Must Read, especially if you live in Florida.
by Chip Parker, Jacksonville Bankruptcy Attorney
For the fourth year in a row, an anti-consumer, Anti-American bill, backed by the very powerful mortgage servicing industry, is cruising through the Florida House of Representatives, and this time, it looks like it could actually become law! It has already passed through a very important committee.
After 4 years of trying, it appears Wall Street has finally purchased enough of our state legislators to enact a bill that will eliminate due process and fundamental justice in Florida foreclosure cases. Rep. Kathleen Passidomo’s HB 87, perversely named Florida Fair Foreclosure Act, makes it much easier for mortgage companies to foreclose on residential mortgages by literally eliminating a homeowner’s right to fight the foreclosure.
image: breitbart.com
© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Interesting….
Section 20. The Legislature shall not pass special or local laws in any of the following enumerated cases: that is to say, regulating the jurisdiction and duties of any class of officers, except municipal officers, or for the punishment of crime or misdemeanor; regulating the practice of courts of justice, except municipal courts; providing for changing venue of civil and criminal cases; granting divorces; changing the names of persons; vacating roads; summoning and empaneling grand and petit juries, and providing for their compensation; for assessment and collection of taxes for State and county purposes; for opening and conducting elections for State and county officers, and for designating the places of voting; for the sale of real estate belonging to minors, estates of decedents, and of persons laboring under legal disabilities; regulating the fees of officers of the State and county; giving effect to informal or invalid deeds or wills; legitimizing children; providing for the adoption of children; relieving minors from legal disabilities; and for the establishment of ferries.
Section 21. Deeds and mortgages which have been proved for record and recorded according to law, shall be taken as prima facie evidence in the courts of this State without requiring proof of the execution. A certified copy of the record of any deed or mortgage that has been or shall be duly recorded according to law shall be admitted as prima facie evidence thereof, and of its due execution with like effect as the original duly proved; Provided, It be made to appear that the original is not within the custody or control of the party offering such copy.
Section 1. The Constitution adopted A. D. 1868, with amendments thereto, is declared to be superseded by this Constitution: But all rights, actions, claims and contracts, both as respects individuals and bodies corporate, shall continue to be as valid as if this Constitution had not been adopted. And all fines, taxes, penalties and forfeitures due and owing to the State of Florida under the Constitution of 1868, shall inure to the use of the State under this Constitution.
http://www.law.fsu.edu/crc/conhist/1885con.html
California and MERS????
SEC. 13. The Legislature shall not delegate to any special commission, private corporation, company, association, or individual, any power to make, control, appropriate, supervise, or in any way interfere with, any county, city, town, or municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes or assessments, or perform any municipal functions whatever.
http://www.sos.ca.gov/archives/…/1879/archive/1879-constitution.pdf
LOL ..now why has the above archive gone missing …
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CDIQFjAA&url=http%3A%2F%2Fwww.sos.ca.gov%2Farchives%2Fcollections%2F1879%2Farchive%2F1879-constitution.pdf&ei=rqwWUca8OsKA0AGJkoGIBg&usg=AFQjCNGPGFrQIbYhDWPK5Lk_MspQXOTOyQ&bvm=bv.42080656,d.dmQ
If the MERS purpose was to AVOID THE TRANSFER TAX..
then what?
They intended to make a bunch of gratuitous transfers???
The party claiming the benefit of the Recording Act has the burden of proof (see Nethaway v Bosch, 199 AD2d 654 [1993]). In the case at bar, defendants Lewis and Mackall sufficiently carried their burden.
“[A] a conveyance made for a valuable consideration is presumed to be bona fide within the Recording Acts” (Covey v Niagara, Lockport & Ontario Power Co., 286 AD 341, 345 [1955]; see 92 NY Jur 2d, Records and Recording § 121; see also Ochenkowski v Dunaj, 232 AD 441 [1931]).
In the case at bar, documentary evidence in the record shows that real estate transfer taxes were paid on the conveyances to Unlimited Homes, Inc., Roy H. Thomas, REO Management 2004, Inc., JFB Properties, LLC, Rachel Rush, and the defendants, which is proof that the transfers were not gratuitous, but were made for valuable consideration (see Furlong v Storch, 132 AD2d 866 [1987]). The presumption of good faith arises from the payment of valuable consideration (see Covey v Niagara, Lockport & Ontario Power Co., supra), and the plaintiff submitted no proof to the contrary raising a triable issue of fact.
The Nostradamus of Judges (1948).
That is the purpose of the recording statute and were it not observed chaos would result in all transactions involving titles to real property. See Olsen v. Kleinhenz (86 N. Y. S. 2d 178).
Damn them scheming borrowers… They ruined everything….
ahemmmmm…
yup…
It was just so unforeseeable….
^^^^^^^^^^^^^^
sure sure sure…
it was….
P.S. Please excuse the tear…
I guess something pissed me off.. lol
I have an emailed MEMORANDUM OF LAW IN SUPPORT OF GOVERNMENT SANCTIONED CASH INCENTETIVE AWARDS TO JUDGES AND U.S. ATTORNEY; By Micheal-Sean: Mungovan, Secured Party Creditor and Trustee for Mechael Sean Mungovn, Standing upon land of the Virginia state republic. [That States]” This Memorandum reveals the evidence, published in statute and regulations, that there exists an enormouse potential for what is , entiallly, government-sanctioned bribery of judges by the federal government itself, and that there is no way for the public, the American People, nor any alleged Defendants, to know whether or not such secret bribes are being awarded or promised (expected ) in their cases.”