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BOMBSHELL! RED ALERT! THE ATTACK ON CITIZENS OF FLORIDA BEGINS….HB 213

BOMBSHELL! RED ALERT! THE ATTACK ON CITIZENS OF FLORIDA BEGINS….HB 213


VIA: MATT WEIDNER

Here it is folks, the bomb that we knew was coming.  The draft of legislation that shows The State of Florida has been sold out to the banksters.

702.12 Attorney fee as sanctions for raising unsupported 1177 claims or defenses; exceptions; service of motions; damages for 1178 delay of litigation.— 1179

(1) In any mortgage foreclosure action, upon the court’s 1180 initiative or motion of any party, the court shall award a 1181 reasonable attorney fee, including prejudgment interest, to be 1182 paid to the prevailing party in equal amounts by the losing 1183 party and the losing party’s attorney on any claim or defense at 1184 any time during a civil proceeding or action in which the court 1185 finds that the losing party or the losing party’s attorney knew 1186 or should have known that a claim or defense when initially 1187 presented to the court or at any time before trial: 1188

(a) Was not supported by the material facts necessary to 1189 establish the claim or defense; or 1190
(b) Would not be supported by the application of then-1191 existing law to those material facts. 1192

(2) At any time in any civil proceeding or action in which 1193 the moving party proves by a preponderance of the evidence that 1194 any action taken by the opposing party, including, but not 1195 limited to, the filing of any pleading or part thereof, the 1196 assertion of or response to any discovery demand, the assertion 1197 of any claim or defense, or the response to any request by any 1198 other party, was taken primarily for the purpose of unreasonable 1199 delay, the court shall award damages to the moving party for its 1200 reasonable expenses incurred in obtaining the order, which may 1201 include attorney fees, and other loss resulting from the 1202 improper delay. 1203

[ipaper docId=66762891 access_key=key-3iwa4kgcy4yvxoseh3 height=600 width=600 /]

 

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The Banksters Strike Back- The Florida Foreclosure Fraud Foregiveness Act of 2012

The Banksters Strike Back- The Florida Foreclosure Fraud Foregiveness Act of 2012


Via: Matt Weidner

This is the Bad, Bad Bankster Fraud Forgiveness Act of 2012!

Have a read at some of the lowlights!

  • Once suit has been filed, the public interest is served by moving foreclosure cases to final resolution expeditiously in order to get real property back into the stream of commerce… (NO FOLKS, ONCE A SUIT HAS BEEN FILED OUR COURTS SHOULD BE FOCUSED ON UPHOLDING HUNDREDS OF YEARS OF LAW)
  • Section 57.105, Florida Statutes, (Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee) is repealed. (THE FRAUDCLOSING PLAINTIFFS ARE PAYING ATTORNEYS FEES FOR IMPROPER CONDUCT, THIS WOULD PROTECT THEM FROM PAYING FOR THEIR IMPROPER CONDUCT.)
  • Following dismissal of the foreclosure case, and upon request of the plaintiff, the clerk may return the original promissory note without need for further order of the court. (WHY, SO THE NOTE CAN BE SOLD TO A ZOMBIE DEBT COLLECTOR?)
  • In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property. (THIS IS A BIGGIE PEOPLE, THIS IS THE REAL BIG ONE HERE, THE GET OUT OF JAIL FREE CARD!)
  • After foreclosure of a mortgage based upon the enforcement of a lost, destroyed or stolen note, a person, not party to the underlying foreclosure action, who claims to be the Actual holder of the promissory note secured by the foreclosed mortgage, shall have no claim against the foreclosed property after it has been conveyed for valuable consideration to a person not affiliated with the foreclosing lender. (ANOTHER RED ALERT BIGGIE HERE, A TOTAL REWRITE OF EXISTING LAW)
  • In uncontested mortgage foreclosure proceedings, the court shall enter final judgment within 45 90 days from the date 0of the close of pleadings. (GOTCHA!)
  • Where the amount of principal and interest, exclusive of fees and costs, owed to a foreclosing lender equals or exceeds 120% of the just value of the property subject to
    foreclosure, as determined by the county property appraiser in the most recent certified tax roll, the foreclosing lender may elect to foreclose without a judicial sale of the property. (THIS HERE IS THE REAL THING, GOTCHA!, GOTCHA!, GOTCHA! WE DON’T NEED NO STINKIN’ JUDGES OR COURTS OR DUE PROCESS!)
  • In any mortgage foreclosure action, upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney. (REMEMBER ABOVE WHEN THEY ELIMINATED THEIR OWN LIABILITY FOR ATTORNEY’S FEES IF THEY WERE CAUGHT? WELL, THEY ADDED FEES AGAINST DEFENDANTS.  THIS PUNITIVE SECTION WILL PREVENT ANY CONSUMER FROM HAVING ANY ATTORNEY REPRESENT HIM IN COURT.)

AND WHAT CAN YOU DO TO FIGHT AGAINST IT?

(FILL OUT THE PETITION HERE)

~

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2011+draft+sent+to+bill+drafting

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NY Senate Open Legislation – S5636-2011: Establishes certain proof requirements for plaintiffs seeking summary judgment or a default judgment in a residential foreclosure proceeding

NY Senate Open Legislation – S5636-2011: Establishes certain proof requirements for plaintiffs seeking summary judgment or a default judgment in a residential foreclosure proceeding


Establishes certain proof and settlement requirements for plaintiffs seeking summary judgment or a default judgment in a residential foreclosure proceeding; provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time; requires the plaintiff in a foreclosure action to affirm that it is the holder and owner, or its delegated agent, of the subject mortgage and note; the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.

Sponsor: KLEIN / Committee: JUDICIARY / Law Section: Civil Practice Law and Rules

S5636-2011 Actions

  • Jun 8, 2011: REFERRED TO JUDICIARY

S5636-2011 Memo

BILL NUMBER:S5636

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to residential
foreclosure actions; and to amend the
real property actions and proceedings law, in relation to
standing to commence an action to foreclose a mortgage

PURPOSE OF BILL:
Establishes certain proof requirements for plaintiffs
in mortgage foreclosure actions.

SUMMARY OF PROVISIONS OF BILL:
Requires a mandatory settlement
conference be held as a condition precedent to the granting of
summary judgment motions in residential mortgage foreclosure
proceedings;
Creates standards for the granting of summary judgment and default
judgments, including an affirmative showing that plaintiff has dealt
with defendant in good faith as required by the implied covenant of
good faith contained within the mortgage.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends CPLR 3212
(a); creates a new CPLR (j); amends CPLR 3215 (f); amends CPLR 3408
(a) and (f); amends RPAPL 1302; creates a new RPAPL 1302-a.

JUSTIFICATION:
There exists in all contracts, and in all mortgages, an
implied covenant to act in good faith and to deal fairly. Gordon v
Nationwide Mut. Ins. Co., 30 N.Y.2d 427, 437, cert denied 410 U.S. 931;
Security Pacific National Bank v. Evans, 62 A.D.3d 512 (1st Dept
2009); DiBlanda v. ADC Pinebrook, LLC, 44 A.D.3d 702 (2nd; Dept
2007). Unfortunately, it would appear that numerous residential
properties have been foreclosed upon without any showing that the
foreclosing mortgagee has lived up to this requirement in law. Given
that the great majority of foreclosure judgments result from either
applications for summary judgment or default judgment, it is
important that there be a demonstration to the Court that this
covenant has been abided by. The bill would also clarify that the
duty of all parties to negotiate in good faith at settlement
conferences required by CPLR 3408 includes the duty to abide by the
covenant of fair dealing, and that this obligation shall continue
throughout the pendency of the action.

Likewise, numerous residential properties have been foreclosed without
an adequate showing that the mortgagee-plaintiff owns and physically
possesses the note and mortgage, and can demonstrate a chain of
custody from mortgage inception through to the commencement of the
action. This bill would require plaintiff in a mortgage foreclosure
action to make such a showing.

This bill would also require that a plaintiff demonstrate standing and
capacity to bring the action, and that plaintiff has attended the
mandatory settlement conference required by CPLR 3408, all as a
condition precedent to the entry of summary judgment, or a default
judgment.

Finally, the bill would also require that standing and capacity be
affirmatively demonstrated in order to successfully adjudicate a
mortgage foreclosure action. Further, the bill would amend the CPLR
to provide that failure to timely raise standing as a defense would
not result in waiver of same.

LEGISLATIVE HISTORY:
New bill, 2011.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately, except that portion of the bill which
states requisites for the quantum of proof necessary in order to
prevail in a mortgage foreclosure action shall become effective on
the 90th day after the bill shall become law.

S5636-2011 Text

source: http://open.nysenate.gov/legislation/bill/S5636-2011

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MERS foreclosure amendment dies in Oregon House committee

MERS foreclosure amendment dies in Oregon House committee


Oregon Live-

A late attempt by the finance industry to change Oregon mortgage recording laws is dead.

Oregon House Judiciary co-chair Wayne Krieger opened a hearing this afternoon and said the amendment sought by loan servicers, title companies and credit unions would not pass out of the committee today. Minutes later, the committee voted to approve Senate Bill 519, the bill that the financial industry lobby attempted to amend.


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Oregon SB 519 MERS foreclosure fix postponed but effort appears in jeopardy, legislator says

Oregon SB 519 MERS foreclosure fix postponed but effort appears in jeopardy, legislator says


At least they agree a cloud hoovers over foreclosures…

Oregon Live-

A bid by major financial institutions to retroactively waive Oregon recording requirements blocking foreclosure sales appears in jeopardy but will get at least one more day, a legislative leader says.


[ipaper docId=56770733 access_key=key-yffs6yq1bun6j1jpddk height=600 width=600 /]

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SB 519 | Oregon Financial Industry Lobby, Proposed “MERS” Amendment, Past and Future Foreclosure Sales with Improperly Recorded Deeds

SB 519 | Oregon Financial Industry Lobby, Proposed “MERS” Amendment, Past and Future Foreclosure Sales with Improperly Recorded Deeds


Poll: Should Oregon lawmakers give foreclosures, MERS a do-over?

OregonLive-

A federal judge this week issued a stern rebuke to big banks and the Mortgage Electronic Registration System in its handling of foreclosures and what he called a violation of a long-standing Oregon recording law.

Now, the financial industry lobby wants the Oregon Legislature to amend an affordable housing bill to retroactively waive those reporting requirements.

[ipaper docId=56562854 access_key=key-1i78dfa8ydriwym94290 height=600 width=600 /]

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Oregon Senate Bill 827 to help families in foreclosure, passed out of the Rules Committee today and is headed to the floor for a vote!

Oregon Senate Bill 827 to help families in foreclosure, passed out of the Rules Committee today and is headed to the floor for a vote!


Sponsored by Senator BONAMICI; Senators BATES, BOQUIST

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure.

Provides that failure to include required modification form with notice of sale, failure to comply with provisions governing loan modifications and failure to record required affidavit of compliance with loan modification requirements are unlawful practices subject to enforcement under unlawful trade practices law.  Prescribes  time within which beneficiary or beneficiary’s agent must file affidavit for recording. Requires trustee to send copy of required affidavit to Department of Justice.

Requires Department of Consumer and Business Services by rule to prescribe form of affidavit and specifies minimum requirements for affidavit.

Removes certain exemptions from requirement to comply with law governing mortgage loan modifications.

Permits grantor to record affidavit stating that grantor requested loan modification in accordance with law and by applicable deadline.

Requires trustee to be resident of this state or have registered agent that meets certain qualifications.

Declares emergency, effective on passage.

[ipaper docId=55863283 access_key=key-bwmvunoxetdjgxzsouj height=600 width=600 /]

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Oregon SB 491 Passes to Protect Tenants in Foreclosure

Oregon SB 491 Passes to Protect Tenants in Foreclosure


Protection for Tenants
When Landlords Enter Foreclosure

Senate gave SB 491 thumbs up, It now moves to the House for consideration.

[ipaper docId=54026712 access_key=key-206z733yku34qrt2olg5 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Free From Foreclosure? Oregon Senator Sponsors ‘Anti-MERS’ Bill to Protect Homeowners

Free From Foreclosure? Oregon Senator Sponsors ‘Anti-MERS’ Bill to Protect Homeowners


March 2nd, 2011 By JAMES PITKIN

State Sen. Suzanne Bonamici (D-Washington County) is sponsoring a bill in the Legislature that could affect thousands of Oregon homeowners.

As reported in today’s WW, homeowners have accused Virginia-based Mortgage Electronic Registration Systems of foreclosing on their properties without the correct paperwork or legal standing. The company has faced legal challenges across the country—including from former Portland mortgage broker Dawn Lind, the subject of our story.

Experts say one of the problems with MERS is that it’s unclear who actually owns the mortgage for the homes MERS tries to foreclose.

Continue reading … Willameet Week

[ipaper docId=49944885 access_key=key-jzf9xg0az60nrg0a55v height=600 width=600 /]

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ALOHA HAWAII! House Approves A Five Month Moratorium On Foreclosures

ALOHA HAWAII! House Approves A Five Month Moratorium On Foreclosures


The Hawaii House of Representatives passes bill HB894 HD1 that would prohibit non-judicial home foreclosures for five months.

“This bill is needed to stop mortgagees who want to rush into foreclosing on homes in Hawaii before appropriate legislation is enacted to deal with the mortgage foreclosure problem,” said Rep. Bob Herkes, chairman of the Committee on Consumer Protection & Commerce. “We don’t want to shut down the mortgage market, but I think we need a timeout.”

This bill allows you time to work it out with your lender or whomever is authorized to approve any settlement.

http://capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=894

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Hawaiian Legislature Seek “Time-Out” 5 Month Moratorium On Foreclosures

Hawaiian Legislature Seek “Time-Out” 5 Month Moratorium On Foreclosures


A bill (HB894 HD1) introduced by Representative Mele Carroll was sent to the House of Reps seeking to impose a five month moratorium on non-judicial foreclosure.

According to Big Island Video News:

“This bill is needed to stop mortgagees who want to rush into foreclosing on homes in Hawaii before appropriate legislation is enacted to deal with the mortgage foreclosure problem,” said Rep. Bob Herkes, chairman of the Committee on Consumer Protection & Commerce. “We don’t want to shut down the mortgage market, but I think we need a timeout.”

Hawaii has one of the worst foreclosure rates in the country. In January, mortgage fraud was cited as the reason why the state’s foreclosure rate is the 11th highest in the nation.

Follow this bill at  http://capitol.hawaii.gov

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FLORIDA JUDGES ABUSE LEGISLATURE APPROVED $9.6 MILLION TO REDUCE FORECLOSURE BACKLOG

FLORIDA JUDGES ABUSE LEGISLATURE APPROVED $9.6 MILLION TO REDUCE FORECLOSURE BACKLOG


Be sure to go to the link below to see the fraud I uncovered in the Shapiro’s case mentioned in this PB Post article!

Legislature did not approve $9.6 million for judges to listen only to lenders

By The Palm Beach Post
Updated: 7:45 p.m. Thursday, Sept. 23, 2010
Posted: 7:33 p.m. Thursday, Sept. 23, 2010

Last month, Palm Beach County Senior Judge Roger Colton opened his afternoon foreclosure session by telling homeowners that he’d heard all their stories before, and he would give them a maximum of five months before letting lenders take their homes.

“I know all about the Chinese drywall problems. I know all about sickness,” Judge Colton said. “I know all about divorce. I know all about anything else as to why we find ourselves in this position today.”

In the first case, Judge Colton signed a final summary judgment giving Everhome Mortgage Co. the right to foreclose on a Lake Worth couple’s home despite their attorney’s objections that Everhome had failed to prove that it owns the note. Foreclosure defense lawyers cite the case as an egregious example of Florida’s so-called “rocket docket,” the process of expediting foreclosure cases through the courts by siding with lenders.

That was not the intent of state legislators this year when they appropriated $9.6 million to reduce the foreclosure backlog. Though the state has set a goal of reducing the more than 500,000 cases by 62 percent within a year, that goal should be met by handling each case based on its merit and not by watching the clock. That’s particularly important given the fraud perpetrated by lenders – many of which knowingly issued loans to buyers who couldn’t afford them – and their attorneys.

Tampa-based Florida Default Law Group has been withdrawing legal affidavits in its GMAC Mortgage foreclosure cases, acknowledging that information it gave to courts may have been inaccurate. The affidavits supposedly attest to the validity of documents submitted to verify that a lender has the right to foreclose. Florida law requires that lenders prove ownership of the note underlying the mortgage.

In the case before Judge Colton, attorney Loretta Bangor questioned the validity of affidavits submitted by Everhome’s attorney, a lawyer with Shapiro & Fishman, one of three firms under investigation by the Florida attorney general for “unfair and deceptive actions” in foreclosure cases. Judge Colton, one of two retired judges hired to handle foreclosures under the new state program, did not ask to see the documents. Nor did he question Shapiro & Fishman about the validity of the documents.

Continue reading…PALM BEACH POST

.

Related:

Click the link below to see the fraud I found in this Shapiro case!

Mr. Velez, I am sorry for what the judge did.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, chain in title, conflict of interest, conspiracy, CONTROL FRAUD, corruption, discovery, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, Judge Colton, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, robo signers, shapiro & fishman pa, signatures, STOP FORECLOSURE FRAUDComments (1)


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