Posted on 08 December 2011.
Open Letter to Rep. Kathleen Passidomo
just a brief letter from your cousin-in-law here in Naples concerning your ‘Fair Foreclosure’ bill (HB 213). As you might be aware, this is a bill that will directly impact my mother, cousin of your husband here in Naples, who has been forced into foreclosure by persistent abuse of the legal system..while I won’t go into any of the details of that here, and while I’ll also set aside the unfortunate commentary that such lawmaking in relation to one’s ‘own’ family reveals about our society, I was mostly wondering how it can be possible for you to support a bill that would, it seems, remove one of the biggest obstacles many of these banks face when trying to foreclose on properties in this state and around the country?
I am speaking specifically about your changes to Florida Statute 702.015. My reading of this is that the bill will, in effect, allow banks to simply make ‘positive’ statements concerning loss of promissory notes or mortgages, documenting, in affidavits or whatever they want, (fictional or not) changes in ownership etc in place of actually providing the original notes themselves whenever they choose to ‘include a count to enforce a lost note’, which now (with your changes) only need to be included WHEN THEY ACTUALLY HAVE THE NOTE. Certainly, you are aware that original promissory notes are currently required by law because they are ‘negotiable financial instruments’, meaning that firms can buy them and sell them, nationally or internationally. By removing this requirement you now allow a firm to simply attest to ownership, ‘under perjury of law’, you will effectively have created a legal culture of trust and good-will towards these banks in a culture where it COULD NOT POSSIBLY BE MORE CLEAR the levels of abuse and deceit these firms are willing to go to for further lucre and profits.
Reading the Naples Daily News interview with you, you seem to indicate the issue being that foreclosure defense attorney’s purposes are to simply keep people in homes for free, indefinitely on holiday without paying. I beg you to see this differently if anything other than a program on some server parses this letter in order to auto-generate a response. The issue is simple, if I might offer a humble interpretation: your law will drive a wedge between, essentially, the financial-considerations of foreclosure law and the financial instruments they govern, thereby leaving an eviscerated foreclosure law-structure that no longer applies itself, or can apply itself, to the reality of the financial agreements they govern. Due process will be simply removed and this section of the law will leave a vacuum for all manner of abuse and profiteering in a totally slanted system. Not to mention that, to add insult to injury, you will further remove ‘actual lien holders’ (who may be out of state, out of country) ability to later seek recourse through the law to the property, re-directed as they are by this bill to a new domain of virtual rights and financials..
In very simple terms: banks and financial institutions who could and did–for certain–profit from the packaging and sale of Florida mortgages on to other firms in this state, country and elsewhere, perhaps in the knowledge, perhaps not, that these were certain to be worthless, will now be able to, perhaps, double their profits by now coming back in and reclaiming properties they no longer own, since the firms that do may be bankrupt or, as yet, unable or willing to initiate proceedings for ‘their claim’, adding them to their balance sheets once-again, selling them at public auction (or not, your bill now gives them the right to hold on to their, newlyfound, depreciated ‘asset’) for another profit.
Clearly, this is just one ‘conspiracy theory’ in a culture become every more steeping in the logic of conspiracies and the auto-dismissal of every complex opinion. And it is all just further support for the gravity-field of profit directed to those that have power over influencing the law you make.
In conclusion, I would just urge you to reconsider passing law that would have such an unfortunate effect of further skewing the law to support financial structures and institutions that have done nothing but corrode the democratic fabric of this once-great country. You sit in the House of Representatives of Florida, and you can, just as easily as you slid this torpedo into the ocean, withdraw it, protecting the rights of millions in this State, as well as your ‘own’ family (which I wouldn’t dream of using as an empty pity-plea), showing that the House Represents people and not only giant multi-national corporations who probably want to drain profit out of dollars and put them into Euros or Yen(…as capital controls endlessly slacken…).
Thank you for reading and good luck. I will be taking this point upon myself to make an issue out of.
John has started a petition to withdraw and stop HB213 or the ‘Fair Foreclosure Act’ in Florida, brought up by his distant cousin Kathleen Passidomo, which is really the reason he started this.
Here is the petition: http://stophb213.blogspot.com/
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