Tag Archives: Mortgage Foreclosure

Who knows corruption and oppression in America best? The victims all know….. And yes, I am one….

Why should you vote for a convicted felon?  Because you could be the next victim of injustice—and if you’re not, some relative or neighbor of yours probably is the next.  The government has set out to reduce us all to shame and compliance through a horrendous code which has already imprisoned/restricted the liberty of 3% of the population—that means that just under 1 in every 30 people, nationwide.

Some people may wonder why I am considering a run for U.S. Senate when I am a disbarred lawyer and “convicted felon.”  I find it hilarious that my detractors like to call me a “convicted felon.” It’s just so inglorious to call me a “convicted one-time misstater of his social security for no readily ascertainable reason. I am a convicted “Enemy of the State,” and damned proud of it, because “Everybody know that the system’s rotten.”

My opponents will probably get a kick out of circulating my Federal Prison system ID and mug shots I’m sure, once the campaign really starts (my Federal Prison ID number was already published somewhere on line—and not be me, either…and those who enjoy discussing my “crime” of a misstated social security number have repeatedly published my social security number INcorrectly—which you’ve got to admit is kind of funny).

But as I’ve said and written many times, I wear them all as “Red Badges of Courage.” These pictures are wounds which show nothing more than that I have deeply disturbed the powers that be so much that they feel they MUST make me into a criminal, because to allow me to stand, free and respectable, would make them all look so much less so.  To the population at large I’ll tell you: you NEED to contribute to and vote for this convicted Felon and Disbarred Lawyer because he is one of the few with the knowledge and perspective to really dismantle the corrupt system and start to make YOU free or at least free-ER and less shackled and manacled. You are all shackled and manacled in this land of false-freedom, lame-liberty, and conscience-free semi-consciousness in front of the TV.

We need to restore freedom.

We need to simplify society and restore the right of individuals to structure their own relationships with each other, and the reduce the power of government by, among other things, dismantling the unnatural infrastructures which only government can maintain, and which all depend on communistic theft and wealth redistribution, which ultimately makes us all so much poorer.   So yes, what this country needs is more convicted felons (convicted, in essence, of breathing air—or dust at the worst), all frankly, ALL lawyers, the very practice of law itself, MUST BE DISBARRED and all the practitioners set truly free, as I have been for the last nine-eleven years, to form my own opinions and come to my own conclusions, free from the oppression of Bar Committees and Judges.

So, if you’ve never been arrested, never seen any Federal or State jail, penitentiary, or “correctional facility” from the inside, you may consider yourself lucky, or worse, you may consider yourself a “really good, law-abiding citizen.”

But I would beg to differ with you.

In fact, I think you are deprived and lack information necessary to see the world as it really is: you know only what a cave looks like in electric lights, and not what one looks like in torchlight, starlight coming through an open cliffside entrance, or, indeed, no light at all.  And not to know a cave in total darkness is simply not to know the reality of a cave.

For my part, I think it is the not merely the birthright but the duty of every American to see and understand how the least fortunate in society are treated.   Only there in prison, not just watching the men and women chained together in rows but being one of them, can one really see into the heart of darkness of this bright land of the free.  I submit that no one should criticize Nazi Germany, the Soviet Gulag, or the massive slaughters of Maoist and Pol-Pot’s versions of Oriental Despotism until s/he is aware of what it feels like to live even for a short while incarcerated, surrounded by those men and women of sorrows who are hated, rejected, despised and intimately acquainted with grief.  To live all one’s life in a comfortable middle-class cocoon is hardly to live at all.  It is good and worthwhile to see up close and understand the depraved sadism of White American young and middle-aged male and female prison guards, how much pleasure they take in herding and taunting formerly free men and women like cattle, feeding them like pigs, sheering them like sheep of all outward trappings of dignity.

Ask yourself what normal person would want the job of a “Correctional Services Officer,” but also ask yourself what person could remain normal and decent while serving as a “Correctional Services Officer.”  As is so frequently advertised on late night Television—the “Correctional Services Industry” is one of the fastest growing fields and opportunities for employment in America—”Help Keep the Prison Planet Safe”—I am inclined to wonder whether the Russian Press is right that Dominique Strauss-Kahn was arrested, framed for rape, because of the revelations he planned to make about the American Financial System.  

Once you have reflected on these points, you will understand how Auschwitz and Treblinka were built, staffed, and maintained by the German people, born in one of the two or three most civilized nations in the world, who had grown up listening to Bach, Beethoven, and Mozart, reading Goethe & Schiller, and Nietzche and Schopenhauer.

How much easier will it be for today’s generation raised on grunge or punk (at the best) or rap (the currently universal lowest common denominator) to imprison their fellow man?   The cultural degradation of America means to me that we will soon care nothing at all for our fellow human beings, and will treat them worse than the Nazis, more in tune with the Soviet gulags and Chinese/Cambodian mass slaughters.

In state penal systems, the worst treated are the sex-offenders, alleged and real, who are the real bearers of the ultimate stigmata our courts have the power to inflict, worse than murderers, worse than bombers, sex-offenders, in or out of prison, are a category or prisoners unto themselves. They are feared and shunned even by other inmates.

In the federal “correctional” system, the worst treated are the illegal immigrants. These are honest, hardworking people from foreign lands, lured by greedy employers on this side of the border who CONSTANTLY open their doors and wallets to the illegals, and the illegal immigrants are all shuttled around on busses and on “Con-Air” and, like the sex offenders, bullied by otherwise unemployable, middle-aged guards while shackled and manacled, stigmatized for life by their offenses.

How much I loathe the state and federal penal systems in America, and the lawyers, judges, and “justice” systems, filling them with populations larger than the original population of the 13 colonies, I can never say.  And yet I am so grateful to God Almighty and indeed to U.S. District Judges Lynn N. Hughes and Janis Graham Jack as well. I am so happy that I have spent two months behind bars, so that I can speak for America’s victims of injustice from personal experience, and understand the dehumanization and filth of even the most “sanitary” federal facilities.  Otherwise I never would have known about the clinical cold of the stale air conditioned air meant to depress minds and souls and simulate death, the mind washing drill of telling people that they have no rights, only privileges, while supposedly creating a more “healthful” environment (socially and biologically).

V-for-Vendetta as a movie is emblematic of my life: like the prisoner from Cell V, and also like Madame Terese Defarge in Tale of Two Cities, I count the days and treasure the memories of those who have oppressed me until the revolution will tear down all our hundreds and thousands of crowded, modern-day “Bastilles” and “relocation camps.”

The Obama Administration was elected in part to fulfill the American Dream of true racial equality, but the reality is that the jails remain disproportionately filled with people of color, and Obama has done nothing to restore the freedom of “his” people.  I am not Black or Hispanic, but I would fight for genuine penal reform, repeal of most of the Federal Criminal Code in fact, and define “the general welfare” as something better than a choice between government handouts to the unemployed, membership in the Army to destroy freedom abroad in the name of safety here at home, and incarceration for so many good business entrepreneurs who had the drive or incentive to make their own way in the world.

I am inspired to write today by reviewing the sanctimonious texts written about me on one particularly “Foggy” newsgroup dedicated to supporting and exonerating the Obama regime.   The contributors to this group are silly, all too comfortable, middle-class professionals and a few Foggy-bottom-feeding scum-suckers they collect around them.  Among the latter there is a former ungrateful homeless tenant and single mother for whom I did way too much and from whom I got absolutely nothing in return except grief.

The bowmen in the fog are indeed the detested Pharisees and Sadducees of modern times.  They who aim and show their poison-tipped darts are rare hypocrites and self-satisfied soulless creatures, who enjoy the comfort of their government or corporate jobs and pensions and care nothing for the past or future of America or the world.

I am so happy that I know first hand, coast-to-coast, what their reality is.  They are the lawyers and government employees who love the Federal Reserve System more than life itself, and who revel in the “Brave New World” ethics of “truth” generated by internet diffusion and apparent but unreal numbers.  They do not appear in their own names because they do not dare, but behind childish “avatars” and untraceable e-mail handles (unless one knows them, as I know that former tenant and single mother from Florida).

The Victims of Foreclosure and Eviction know that America is in the midst of a Purge—destroying the Middle Class, and selling our homes and lands to foreigners by the thousands.  The Victims of Foreclosure and Eviction probably do not all realize that they were selected for this purge by their own government—by the Democrats and Republicans in Congress who favored easy credit and soft money—and that none are worse offenders than Senator Dianne Feinstein.  The Senate hearings on the mortgage crisis focused on whether the banks could escape the consequences of “robo-signing” forgery and proceed with foreclosures efficiently and expeditiously—the two major parties include few if any friends of the people, and all too many friends of Chinese investors in American realty.

But what of the millions of homeless people, in America, the inhabitants of the tent cities and “Extended Stay” hotels, uprooted by foreclosures and eviction?  They are in the extreme opposite of a jail. They are truly free, no longer shackled down by mortgages or rents or anything else.  Among their numbers are those men and women destroyed by divorce and child custody battles, destroyed by the declining income of the American population, impoverished by a dollar cheapened and weakened, oh yes, by the moneychangers, the international bankers, the finance experts and gurus, including their lawyers and the layers on layers of insanely oppressive laws and regulations which have made it cheaper and safer just to say “no” to doing business in America.

The bows in the foggy roads to socialism and dictatorship in America are many and varied, but they come down to a few key routes: (1) the destruction of the world financial system by socially engineering economists and business-strategists and lawyers, (2) the destruction of the Anglo-American legal system by those elite lawyers and judges at all levels of the State, Federal, and local judiciary, (3) the social-welfare/wealth redistribution system based on the triangulation of the Federal Reserve Banks, the Internal Revenue Service, and Social Security, and all the derivative Welfare Programs authorized under Title 42 and elsewhere in the U.S. Code.

The first key routes to destruction are pretty obvious.  I started my post-JD life working for Cadwalader, Wickersham, & Taft, and I am almost as proud of how poorly I fit into that New York hellhole of a lawfirm, with its exquisitely shiny, constantly polished marble floors, hardwood desks, embossed stationary, and managing partners whose incomes exceed the GNP of many third-world countries. With the prison-like imposition of uniform styles of dress on employees, even though the cost of dressing up to CWT standards on a weekly basis cost several times the annual Federal subsidy paid for state prisoners on a yearly basis.

“Legal education and the reproduction of the hierarchy” was the subject and theme of Duncan Kennedy’s “Little Red Book” of 25 years ago at Harvard, and it’s a marvelous read on the reality of the legal profession for anyone who doesn’t know it.  Kennedy hints at the futility of waging any virtuous wars through the legal system.  And that was BEFORE the Federal Judicial improvement acts imposed all those negative “case statistic” incentives on judges to dismiss cases and lower case loads as a major policy priority.

But the third branch of the road to socialism is the real highway, and the Federal and State government programs of taxation and welfare benefits are only part of the picture.  To really understand the evils of “welfare” we need to look at the imposition of government “benefits” such as compulsory marriage licensing, divorce, and child protection services, as well as compulsory education, compulsory driver’s licenses, and mandatory bar integration.   The government really and truly seeks to extend its tentacles into every aspect of our lives.  The government must be stopped.

Sometimes it does require the expertise of those who have been victimized by the law to become the most effective advocates and instruments of changing the law.  I am such a person.  And besides. How can I help but do well in California?   This Golden State of beautiful people which exalts everything fake, that (incredibly) just managed to survive 7.5 years under the governorship of Frederic Austerlitz’ Austrian-born compatriot Arnold Schwarzenegger, and maybe they’re ready for someone who’s actually experienced the pain of a genuinely uncharmed life.   I consider myself really and sincerely beautiful, all 272 balding, out-of-shape pounds of me.  As Oliver Cromwell said, “paint me as I am, warts and all.”  When I was first hospitalized for tachycardia in October 2006, I told my assistant, “I’m too beautiful to die” and damned if I wasn’t right—I absolutely, positively was just too beautiful to die.  I could have died 6 years before that in Egypt, or, for that matter, two months before that in a terrible car wreck by the Suwanee River near Live Oak, Florida, or one of several other occasions I can think of, but every single time I survived.   To what purpose?  Maybe, just maybe, it was to show all the people with foggy intelligence who shoot their bows with poison darts at me that my authenticity can win, and that virtue is not just about pretending to be honest and beautiful, but of having an inward and spiritual grace which belies one’s outward and visible state.

If elected to the United States Senate I would conduct filibusters, be involved in 99-1 votes, and the news that someone like me was elected might just depress the Dow Jones Industrial Average.  That would be a good thing, because there is nothing more false than the notion that stock prices have anything to do with real productivity or prosperity. But whenever the powers that be line up against someone, threaten to shut down everything if a certain candidate is elected, you have to imagine that candidate has touched a raw nerve somewhere.

To elect someone like me would be good for the Hispanics of California and the United States because I am not only fluent in Spanish and steeped in their heritage and culture, but I have suffered by and chained to their brothers, sisters, cousins, and uncles who have been persecuted for their status as illegal immigrants, seeking neither more nor less than Frederic Austerlitz’ parents came here from the Austro-Hungarian empire to find in Nebraska or than Arnold Schwarzenegger came from post WWII Austria to find.  Those are two American movie-star icons, but their parents are indistinguishable socially and economically from the Hispanic masses who continue to be chained and oppressed in these United States, even in Texas where Ernesto de Zavala co-wrote and signed the Texas Declaration of Independence from Mexico in 1836, and served as the new “Anglo-Saxon” Republic’s First Vice-President.

Moreover, I understand the Native American as well as the Hispanic roots of “Mexican,” Central American, and South American “Hispanic” culture(s), and I would fight for the recognition of “Mexican Indians” as Native Americans entitled to all of the benefits afforded by the Constitution to Native Americans inside the United States.  I would fight for their right to the recognition of their separate and distinct cultural heritage and identity.  In fact, I would fight for the right of all peoples to their separate and distinct heritages and identities, because “one size does not fit all” either in the educational, judicial, or political systems.  True equality means and must always mean the freedom to be who you really are and not shrived of your identity.

To elect someone like me would be good for the African-American citizens of California for all the same reasons.  I have seen and shared the degradation of so many of their relatives in state and federal prison, and know that while Hispanics are famously imprisoned in massive numbers for their status as “repeat” illegal aliens, blacks have, in the past fifty years, been more the victims of the insane “War on Drugs” than any other group (Hispanics are a close second).

I know that Blacks and Hispanics both need courts where they can really and truly be assured of full and fair justice by judges and juries of their peers, and that the present system does not provide them with such courts.   As a United States Senator I would fight for the rights of all ethnic groups to maintain their identity while enjoying full equality by equal protection of the law, including equality of rights to preserve and develop their distinct and separate cultural identities by allowing legal communities to develop distinctive and culturally adjusted laws within our multi-cultural “umbrella” of American political society.   To the same degree that globalists would erase all boundaries of cultural differentiation and identity, I would fight to allow each people to maintain and preserve their identities for themselves.

To elect someone like me would for all these same reasons be good for the Jews and Armenians, Chinese, Cambodians, and Vietnamese, who have been the victims of long genocidal wars in the 20th century, and major wars of repression.  No candidate, certainly not Senator Diane Feinstein, realizes the incredible degree to which America Under the Patriot Act (and related portions of AEDPA and FISA) resembles the totalitarian dictatorships of Nazi Germany, Stalinist Russia, Maoist China, Pol Pot’s Cambodia, and Vietnam under several regimes, or how much of the equipment of mass roundups and deportation of populations assembled in modern America today resembles the technology of genocide inflicted upon the Armenians of Turkey in the first genocide of the 20th century or against the Jews of Central Europe during the most famous genocide in all history.

Truly it can be said that Earl Warren, as planner of the Nisei Camps, was the Adolph Eichman of the United States, and that his cynical, racially biased implementation and application of civil rights laws was to divide, conquer, and disperse the population of America during the 1950s and 60s. The resulting America is one in which civil rights have been reduced to almost nothing, where Federal Courts repeatedly affirm that so long as all people in this Country have the same rights as white people, it doesn’t matter how severely freedom is suppressed.

This ridiculous conclusion to 150 years of civil rights legislation remains on the books today and is large part of the reason why foreclosed homeowners cannot seek adequate relief or redeem their properties by litigation under 28 U.S.C. 1443 or 42 USC 1981-1982.  Civil Rights law should be entirely color blind, but groups should have the right to defend and protect their own customs, heritage, and rights.

And this is the final reason why the (former majority, of which I am a member) White Anglo-Saxon, Northern, Eastern, Southern and Continental European Californians would benefit from my election.  I would fight to abolish all inverse discrimination against White people in this Country.  I would fight to establish true equality under the laws, recognizing the protected equality and forced assimilation are by no means the same things.   In short, I would be good for all Californians except the Foggy Bottom Poison Dart Bow Shooting fat cats, who love the status quo because it is so easy to manipulate and maintain, and so comfortable with all their precious governmental and corporate BENEFITS…. including the right to look down on others who do not agree with them and seek to deprive the true majority of their rights, all by the use and implementation of a completely biased and unfair legal system which has forgotten all the rules of fundamental fairness, due process, and constitutional rights.

“Cash for Keys” is one of the Top Scams Coast-to-Coast: Shoot them when they ask!

“Cash for keys” aids home borrowers, investors
reuters

From Reuters (forwarded by Lucas D. Smith)

Real estate signs are seen in the front yards of houses for sale in this file photo taken in Maricopa, Arizona, May 27, 2009. REUTERS/Joshua Lott/Files Real estate signs are seen in the front yards of houses for sale in this file photo taken in Maricopa, Arizona, May 27, 2009. REUTERS/Joshua Lott/Files
On Friday March 12, 2010, 2:21 pm EST

By Al Yoon – Analysis
NEW YORK (Reuters) – Jon Daurio, chief executive officer of mortgage investor Kondaur Capital Corp., recently offered a $4,000 check to Barry Culver for the deed to his Bryan, Ohio house.
With the exchange, and a pay-off to a second-lien holder, Culver was freed of $120,000 in crushing mortgage debt on the house, said Daurio, who had bought the right to cut the deal when he purchased the mortgage months earlier. The house, after repairs, is now on the market for $47,500.
“It got me out of a bind,” said Culver, a former Kmart employee who has since relocated near his in-laws in Tennessee where job prospects are better. “I got a little cash out of it and was able to pay off other stuff I owed.”
Such ‘cash-for-keys’ offers are common for Orange, California-based Kondaur, one of the largest players in the business of buying and resolving distressed loans for profit. The business is growing more popular, with volumes of loans for sale at their highest since the founding of Kondaur in July 2007, said Daurio, a veteran of the subprime lending industry.
At DebtX, a Boston-based loan exchange, the number of bidders on pools of loans is up 25 percent since last quarter.
DEALS ARE INCREASING
Owners of bad loans are increasingly making deals with borrowers to avoid a foreclosure, which tends to reduce returns for investors and place a black mark on the homeowner’s credit. Lawmakers and regulators are becoming more accepting of these solutions even though they mean the borrower loses the home.
The trend comes after more than two years of loan modification programs and foreclosure moratoriums that have produced mixed results, with many homeowners ineligible or defaulting again.
Where a modification isn’t feasible, the U.S. Treasury in April will begin paying borrowers who agree to a deed-in-lieu of foreclosure or short sale, where a home is sold for less than outstanding debt. Unlike most modifications, those actions erase excess debt and reset home values, solving the problem of underwater loans that are a top cause of defaults.
U.S. modification efforts to date have been “tragic” in delaying housing and economic recovery, Daurio said.
“All you are doing is delaying depreciation of the houses,” Daurio said. “You are not preventing it by keeping people in a house that they can’t afford.”
More than 11 million properties with mortgages are “underwater,” according to First American CoreLogic. Efforts to expand use of principal forgiveness haven’t caught on.
DELAYING THE INEVITABLE
Foreclosures have been stalled on more than 1 million bad loans since the U.S. Home Affordable Modification Program was announced a year ago, resulting in higher costs and losses to investors, according Moody’s Investors Service.
This is delaying an inevitable clearing of the housing market that is needed for a lasting rebound, analysts said. A pent-up “shadow inventory” from failed modification efforts could destabilize the market in 2010, they worry.
“You are preventing the orderly transfer of a home from those that can’t afford it to those that can afford it,” said Rod Dubitsky, a global structured finance specialist at Pacific Investment Management Co. in Newport Beach, California.
The ability to customize loan workouts and earn potentially huge profits are enticing investors to the market, where loans are commonly sold at 40 cents to 60 cents per dollar of principal. Discounts give investors more room to work with borrowers than banks working to mitigate their loss, said Kingsley Greenland, chief executive officer at DebtX.
Investors generally look for a quick workout since it costs them to carry the loan or the property, said Jeff Freud, founder of LoanMarket.net, in Irvine, California.
Distressed whole loans are just a slice of the total mortgage market, however. Many loans are tied up in securities, and banks now with adequate reserves are arranging deed-in-lieu and short sale agreements themselves.
Mountains of cash chasing a limited field of loans has buoyed prices, but that is reducing opportunity for funds, said Louis Lucido, a principal at Los Angeles-based DoubleLine. But that could change if the Federal Deposit Insurance Co. more rapidly unwinds the assets of its failed banks, he said.
New entrants to the market tend to be small investors, who hold less than 100 loans at any one time, analysts said.
Among a pool of loans acquired by Dean Engle, a real estate investor in San Francisco who teaches others how to get a start in the business, was a foreclosed home in Greenwood, Missouri. It was still occupied by the former owner, who had no money to find a new place to live.
Engle told Ellen Brewood, a local agent to offer the former owner $5,000 to move out, and avoid a lengthy eviction. The house was vacated within five days. After 15 days on the market, it had offers above the $139,000 asking price.
“He wouldn’t believe it, that investors wanted to pay him,” Brewood said of the former owner.
(Reporting by Al Yoon; Editing by Kenneth Barry)

Mortgage Problems of All Kinds

The mortgage finance system is corrupt and wants you to lose your home.  That is how they make money: by keeping property constantly in motion, making new “loans” is how money is created.  Do you think you might lose your home in foreclosure and to a servicing company no less?  Are you behind in your payments?  Is your home worth less now than the mortgage balance?   I don’t pretend to know who is pulling the strings on the macro level, but I can help you deal with some of the problems created by these questions/predicaments.   What I really want to know is, do you have the feeling that you’re being totally scammed and cheated but don’t quite understand why?    Do you believe that there must be, and there surely are, both common law and constitutional reasons why the system that exists is all wrong?  There is no good reason to get lost in the woods and waste your time on quick fixes or illusory loan modifications.  The entire  system is corrupt and rotten to the core and the idea solution would be a national mortgage strike.  So why should you lose your home to pretenders and imposters who prop up the house of cards with glue and occasionally cement that’s more solid than the cards themselves?   I have been been successfully teaching and orienting people in regard to their rights and how to save their homes from foreclosure.  There is no good reason to lose your home if it is important to you, if you’ve invested your blood, toil, sweat, and tears into it—I suggest that you fight to keep your home by learning the rotten gangsterism that keeps the mortgage finance system afloat, and learn how to fight it, and in the end, prevail over the racket completely or at least knee-cap the knee-cappers and keep your home, for yourself, your children, and really, for the future of America.

Contact Robert at info@the-hudson-group.net or call now 860-599-5557

DEO VINDICE—AS OF JANUARY 19, 2009, PINELLAS COUNTY, FLORIDA, WILL REQUIRE ALL INSTITUTIONAL PLAINTIFFS IN FORECLOSURES TO FILE THE ORIGINAL PROMISSORY NOTE WITH THE COURT!

 

 

THE MOTTO OF THE CONFEDERATE STATES OF AMERICA WAS “DEO VINDICE”
=BY GOD VINDICATED—THE “VINDICATIO” WAS A ROMAN LEGAL CAUSE OF ACTION JUSTIFYING OWNERSHIP OF LAND AND THE INSTRUMENTS OF AGRICULTURAL PRODUCTION, also known as “RES MANCIPI”—I now feel somewhat PERSONALLY VINDICATED, given as I have been one of the few people in the Country who realised that
as of August 18, 2005, Pinellas County was GROUND ZERO for the “ORIGINAL NOTE”(holder-in-due course, privity of contract) theory of MORTGAGE FORECLOSURES, by this ADMINISTRATIVE ORDER OF THE SIXTH JUDICIAL CIRCUIT IN PINELLAS COUNTY—ALL NEW FORECLOSURE SUITS IN JUDGE WALT LOGAN’S OLD DISTRICT
MUST NOW INCLUDE THE ORIGINAL PROMISSORY NOTE!  THIS IS A VICTORY FOR THE COMMON LAW OVER PROFITABLE CORPORATE COMMERCIAL PRACTICE—THIS IS A VICTORY OF JUSTICE AND COMMON SENSE OVER DECEIPT—THIS IS A MAJOR
VICTORY WHICH SHOULD BE COPIED ALL OVER THE UNITED STATES AND I AM PROUD TO HAVE BEEN ONE OF THE ADVOCATES OF THIS POSITION FOR MANY YEARS “

DEO VINDICE”


http://www.jud6.org/LegalCommunity/LegalPractice/

AOSAndRules/aos/aos2008/2008-081.htm


IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2008-081 PA/PI-CIR

printer- friendly version

 

RE:     MORTGAGE FORECLOSURE ACTIONS BY INSTITUTIONAL LENDERS

           

            Mortgage foreclosure cases have increased at an unprecedented rate in the Sixth Judicial Circuit.  In the Sixth Judicial Circuit in the last year alone, mortgage foreclosure case filings increased approximately 118%.  Frequently, attorneys who handle a large volume of mortgage foreclosure cases do not have their pleadings in order or fail to appear at scheduled hearings, causing the court to reschedule or delay hearings in mortgage foreclosure cases.  The volume of the cases and the resetting of these hearings results in difficulties scheduling these summary proceedings.  In light of the court’s finite resources, it is necessary to establish procedures for more efficient handling of mortgage foreclosure cases. 

 

            Pursuant to Rule of Judicial Administration 2.215, the Chief Judge has the authority to adopt administrative orders necessary to administer the court’s affairs.  Therefore, it is

 

ORDERED:

 

            1.   Filing of Initial Mortgage Foreclosure Complaint:  An institutional mortgagee lender that after January 19, 2009, files a complaint to foreclose a mortgage on homestead property must provide the following to the Clerk of Circuit Court with the initial filing:

 

            a.    A Notice to Homeowner, a copy of which is attached to this Administrative Order as Attachment A.

            b.   A Plaintiff/Lender’s Contact Information Sheet, a copy of which is attached to this Administrative Order as Attachment B.

 

Homestead property is property designated as “homestead” by the property appraiser’s office on the date of filing the complaint.  The plaintiff must include the Notice to Homeowner and Plaintiff/Lender’s Contact Information Sheet with each summons serving a complaint on the owner of residential homestead property.

 

            2.   Certificate Filed Prior to Requesting Summary Judgment Hearing Dates:  Prior to requesting a mortgage foreclosure summary judgment hearing date from the court, the attorney of record for the plaintiff must file a uniform certificate titled “Certification of Compliance with Foreclosure Procedures” with the Clerk.  The uniform certificate is 
Attachment C to this Administrative Order.  The uniform certificate provides the attorney’s certification of the completion of requisite actions and the dates on which they were completed.

 

            3.   Foreclosure Judgment Packet Prior to Hearing:  Unless the presiding judge provides otherwise, the plaintiff’s attorney must deliver a foreclosure judgment packet to the presiding judge’s office at least five (5) business days prior to the scheduled hearing date for a motion for summary judgment.  The foreclosure judgment packet consists of the following documents:

a.    Proposed Uniform Final Judgment.  Include sufficient copies for conforming and stamped, addressed envelopes for all parties;

b.   Original Promissory Note (unless previously filed);

c.    Notice of Sale;

d.   A copy of the Certification of Compliance with Foreclosure Procedures; and

e.    A copy of the Notice of Hearing.

 

            4.    Uniform Final Judgment:  All proposed final judgments of foreclosure shall be in the format of the Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit as provided in Attachment D unless otherwise specifically approved by the judge entering the final judgment.  Any changes to the Uniform Final Judgment of Foreclosure from that prescribed in Attachment D shall be brought to the attention of the presiding judge at the final judgment hearing.

 

            5.    Cancellation of Foreclosure Sale by Clerk upon Suggestion of Bankruptcy:  If the Clerk of Circuit Court receives, prior to the commencement of a foreclosure sale, a mailed or faxed suggestion of bankruptcy on behalf of a named defendant in a pending foreclosure action, the Clerk is directed to cancel the foreclosure sale.  The Clerk shall not cancel the sale if subsequently directed otherwise by the presiding judge or a United States Bankruptcy Judge.  The plaintiff is responsible to separately file with the Clerk any order from a United States Bankruptcy Judge that would preclude the Clerk from canceling a foreclosure sale; such filing must not be an attachment or exhibit.

 

            6.    Additional Procedures:  The judicial practice preferences of each judge, which may contain a judge’s individualized procedures for mortgage foreclosure cases, may be found on the Circuit’s Internet site at http://www.jud6.org/LegalCommunity/PracticeRequirementsofJudges.html.  The Chief Judge may update or make other amendments to the attachments of this Administrative Order without further amendment to this Administrative Order.

 

            7.    Application:  This Administrative Order applies to all mortgage foreclosure actions by institutional lenders except that paragraph one only applies to homestead property.

 

            8.    Effective Dates:  All mortgage foreclosure complaints filed after January 19, 2009, and all mortgage foreclosure summary judgment hearings scheduled to occur after January 19, 2009, must comply with this Administrative Order.    

 

            A plaintiff, who as of the date of this Administrative Order, has filed a mortgage foreclosure complaint and already has a foreclosure summary judgment hearing scheduled to occur after January 19, 2009, may keep the scheduled date and time.  However, the plaintiff’s attorney must file the Foreclosure Judgment Package, as prescribed in paragraph 3 of this Administrative Order, including the “Certification of Compliance with Foreclosure Procedures” with the Clerk of Circuit Court at least five (5) business days prior to the scheduled hearing date.  The presiding judge may cancel a schedule hearing that does not have the Foreclosure Judgment Package filed by that day. 

 

            A plaintiff, who as of the date of this Administrative Order, has filed a mortgage foreclosure complaint and has yet to schedule a foreclosure summary judgment hearing, must comply with paragraph 2 of this Administrative Order and file a “Certification of Compliance with Foreclosure Procedures” prior to requesting a hearing date.  Additionally, the plaintiff must file the Foreclosure Judgment Package, as prescribed in paragraph 3 of this Administrative Order, with the Clerk of Circuit Court at least five (5) business days prior to the scheduled hearing date.

 

            A plaintiff who files a mortgage foreclosure complaint after January 19, 2009, must comply with all requirements of this Administrative Order.

                         

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of December 2008.

 

 

 

_____________________________

Robert J. Morris, Jr., Chief Judge

 

Attachment:   

(A) Notice to Homeowner (html)
(A) Notice to Homeowner (word version)
(B) Plaintiff/Lender’s Contact Information Sheet (html)
(B) Plaintiff/Lender’s Contact Information Sheet (word version)
(C) Certification of Compliance with Foreclosure Procedures (html)
(C) Certification of Compliance with Foreclosure Procedures (word version)
(D) Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit (html)
(D) Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit (word version)

 

                    

                    

                      

 

 

cc:        All Judges

            The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

            The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

            Paula O’Neil, Chief Deputy, Pasco County Clerk’s Office

            Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office

            Carol Heath, Executive Director, Pinellas County Clerk’s Office

            Gay L. Inskeep, Trial Courts Administrator

            Bar Associations, Pasco and Pinellas County

            Law Libraries, Pasco and Pinellas County