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

   

7 responses to “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!

  1. Pingback: » Posts about For Sale as of January 13, 2009 For Sale: If It’s For Sale, We’ll Help You Sell It

  2. If we are going to have a CIVILization, “Rule of Law” must prevail. That applies here, all the way up to torture. “Because WE say” does not have a place next to “All Men are EQUAL in the eyes of the LAw”.

  3. Awesome! My aunt and cousins live there. My aunt owns her home outright. In the late 80s, my aunt-uncle handed the mortgage note (paid) with deed over to my oldest cousin, so (unless they took out second mortgage) they own their home outright. My younger cousin? Unknown. But this news is awesome anyway! And yes, the rest of the country should follow suit.

  4. Pingback: WHATREALLYHAPPENED.COM FEBRUARY 20 2009 | SUDBURY NEWS

  5. The title of this article is incorrect; Lost or destroyed notes may still be filed with an affidavit and copy, just as it has always been.

    • Attorney/Lawyer Mike’s Comment:
      The title of this article is incorrect; Lost or destroyed notes may still be
      filed with an affidavit and copy, just as it has always been.
      The obviously unstable man wearing the Guy Fawkes’ mask responds:
      Obviously, the Court must have intended to change SOMETHING by implementing the new rule, but equally obviously, the Court cannot by local rule change the Florida statutes on lost or destroyed notes. I do not presume that the local rules get changed in this way, on a high profile topic regarding which there has been such nationwide attention focused on Pinellas County since August 2005, for absolutely positively no reason. The Supreme Court has often taught that every word in statutes or rules should be given the maximum logical and grammatically consistent (constitutional) meaning, and I think the new rule in Pinellas County is very significant. If you don’t think so, please explain to me what you think it’s all about?
      I mean, by now, one month into the new administration, everybody knows that financial system is on the verge of total collapse due to irregularities in the mortgage system. Everybody who’s looked into it realizes that the lost or destroyed notes business is just a total scam to cover up satisfaction via securitization of notes. Would you disagree with that? And would you disagree that the requirement to file notes is going to put more pressure on these highest of all flying scammers to explain why it is that 80-90% of all mortgage notes somehow get lost or destroyed so quickly—I mean, some loans go into foreclosure within the first year, and they STILL say that they’ve lost or filed the notes. If you DOUBT that the lost or destroyed note business is a scam, then you’d have to conclude that, in this one, limited way, Bankers hire only complete idiots ONLY for the positions of filing and keeping mortgage notes. Which is more credible, that 80-90% of all banks are engaged in a worldwide mortgage fraud that is close to causing the collapse of the financial services industry and the nationalization of the banks, or that 80-90% of bank clerks, who manage to keep track of millions of less important documents, consistently lose or destroy mortgage notes? I mean, honestly.
      Call 512-923-1889 if you’d like to talk about this in more detail (open invitation).

  6. Pingback: Swirling ‘Round the Drain: Economic News Round-Up « Hope2012

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s