The Florida Legislature is in session until April 30th. There are a variety of bills pending in the legislature which threaten to dramatically change the practice of consumer law and would eliminate homeowner and consumer rights.
The bankers, the foreclosure mills and other wrongdoers are lobbying Tallahassee hard and they absolutely will get some kind of legislation passed….if every one of us doesn’t act now to do something about it.
Subject to confirmation of the date, we will have a rally on the Capital. The date is tentatively set for Wednesday April 21, but it may be April 19 or 20 if those days would be more effective given committee schedules and other considerations.
Please mark your calendars now and please put forth this extra effort of service to our profession, our courts and to the citizens of the State of Florida. As attorneys, we took an oath to defend the Constitution, the citizens and our courts. These are all under attack and we are all duty bound and obligated to rise up and defend them.
In Tallahassee, we will meet with our local representatives and with the leadership of both houses. Our message is clear and distinct….
We must preserve and restore the dignity of the courts and ensure consumers and homeowners continue to have access to a fair and properly funded judiciary.
We cannot allow the continued breakdown of law and lack of respect for courts that currently exists in courts across the State of Florida.
We cannot allow the unethical foreclosure mills and zombie lenders to continue to infect our courts with the cancer they are spreading in courts across the State of Florida
We owe this duty to our courts. We owe this duty to our judges who are overwhelmed, overburdened and facing impossible pressures from all sides and we owe this duty to the citizens of the State of Florida–whether they are represented by counsel or not.
Please mark your calenders and begin making plans now. We will be chartering busses from major areas and more details will be forthcoming! We expect that consumers and other pro-se advocacy groups will rally behind this cause as part of a major grass-roots effort. There are brave and principled leaders in Tallahassee who share our concerns and we need to take our message of support to them.
MARK YOUR CALENDERS AND PLAN TO JOIN US IN TALLAHASSEE!
For a brief period of time in the history of courts in Florida, lawyers engaged in a widespread and pervasive practice of submitting blatantly false evidence in courts. This period of time began roughly when the foreclosure crisis moved from the mortgage and lending industries and into Florida courts.
Now that judges and courts have become aware of just how pervasive this practice was, individual efforts on the part of judges and systemic rule changes implemented by the Florida Supreme Court should signal the end of this era. An article that appeared in the Sarasota Tribune and can be viewed here quotes a local judge, Robert Bennett from Sarasota who recently had one of his opinions reversed by the Second District Court of Appeals. (Verizzo v. Bank of New York) Found here
In the article, the good judge admits that his initial ruling…in favor of the bank was incorrect. The decision was a reflection of a judicial system that was totally overwhelmed by problems caused by the mortgage and lending institutions….they caused the problems then dumped their problems in the laps of absurdly understaffed courts and judges then said, “Here, you fix the mess we’ve created!”
It’s taken a while to identify the issues and to grasp the scope of the problem, but now that judges and court systems are aware that they were taken advantage of, the tide has shifted. New rules and new cases, both from appellate courts and from sister courts, have made judges all over aware of the issues such that they are no longer willing to look the other way and sign off granting sale….when asked how he thinks Plaintiff’s attorneys will comply, Chief Judge Lee Hayworth (long a critic of sloppy Plaintiff practice) had this to say:
“I’m looking forward to see how they do comply,” Haworth said. “Their license could be on the line.”
Liberty and Justice Prevail When Good Judges Sit Firmly on The Bench!
When speaking in generalities, it’s difficult for folks to understand what lawyer, judges and informed consumers are ranting about when we scream, “THE BANKS, LENDERS AND FORECLOSURE MILLS ARE COMMITTING FRAUD!”
I attach here a deposition transcript of Angela Melissa Nolan, a robo signer at Chase Home Finance. In the deposition, she describes in detail some of the corporate processes in place that purport to give pretender lenders the evidentiary basis to pursue foreclosure cases….I’ve called these people “Robo Signers” because prior depositions indicated they don’t read anything…they just sign. This deposition reveals another form of “Robo Signer”, a computer generated document, complete with a “real” signature scanned in…..and the rabbit hole just gets deeper and deeper.
C’mon take a few minutes to watch the video…I tell you it’s exactly what’s happening here!
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