Tag Archives: Deo Vindice

Public Meetings on Confederate Monuments in New Orleans on Thursday 13 August

Removal of Confederate Monument Public Hearing

http://www.nola.gov/hdlc/

The New Orleans HDLC will hold a public hearing on Thursday, August 13, 2015 from 1:00 PM to 3:00 p.m. in the City Council Chamber, 1300 Perdido Street on code section 146-611 – Removal from public property by request from the New Orleans City Council, evaluation and recommendation: Robert E. Lee Statue, PGT Beauregard statue, Battle of Liberty Place monument, Jefferson Davis statue. The deadline for comment submissions has passed.

Removal of Confederate Monument Public Hearing

The New Orleans Human Relations Commission will hold a public hearing on Thursday, August 13, 2015 at 6 p.m. in the City Council Chamber, 1300 Perdido Street on code section 146-611 – Removal from public property by request from the New Orleans City Council, evaluation and recommendation: Robert E. Lee Statue, PGT Beauregard statue, Battle of Liberty Place monument, Jefferson Davis statue. If you would like to submit a comment, please complete the feedback form below. The deadline for comment submissions has passed.

My position is as follows:

New Orleans, as a city, embodies the Old South, and it was the greatest City of the Old South AND the Confederate States of America.  Removing Robert E. Lee’s statue, or any of the other monuments, would be amount to a Stalinist attempt to rewrite history, to alter the nature and character of this city, and to falsify reality. IF this City really wants to disown the legacy of slavery and the cultural economy of the Old South—what really needs to happen is that (1) the French Quarter, (2) the Garden District, especially the houses along Jackson and Washington Avenues and First-Seventh Street, and Prytania and much of Magazine, need to be razed. These houses and Antebellum Greek Revival architecture ALL owe their origins to Slave Labor—they are MONUMENTS to the wealth of the South Created by Slave Labor—and it’s just too hypocritical to remove the Statues but not the Homes, not the neighborhoods or the street names—because these are reflective of the deeply ingrained nature of slave-based, Antebellum culture… which produced, whether we like it or not, most of the gloriously beautiful city which is the New Orleans of today.
The magnificence of Victorian Era, with monuments like the oldest buildings of Tulane University and “Uptown” around Audubon Park and “Up-River” St. Charles and Prytania Avenues…these are the monuments to the survivors and first Children of the Confederate States of America.  Tulane University itself is named for one of the South’s Chief Financiers, who donated more money to the Confederate States Government and Army than any private individual in history had ever done to any war, even compared to George Washington’s personal contributions to and investment in the American Revolution.  While the oldest building at Tulane (the administrative hub of the University, Gibson Hall) is named after another Confederate General, Randall Gibson.
And please don’t forget the hypocrisy implied by taking Robert E. Lee and P.G.T. Beauregard and Jefferson Davis down, but leaving the Statue of Andrew Jackson standing. 
By any standards of International Human Rights or U.S. Civil Rights law, Andrew Jackson was genuinely guilty of “Genocidal War Crimes” but by those same standards, Robert E. Lee, Pierre Gustave Toutant-Beauregard, and Jefferson Davis were not.  The 200th anniversary of the Battle of New Orleans was celebrated here in January without major controversy, but this is simply a perversion of history.  The Battle of New Orleans was in fact without any real military or political significance, certainly no ideology was at stake.  It was all about the glorification of Old Hickory.  And I have no problem with that a priori, except that, by comparison, Jackson was a monster and we are vilifying Confederates who fought for liberty and the Constitution.

Jackson, of course, made war, both on the battlefield and in the Courts of the United States, and generally abused and oppressed the American Indians—the Five Civilized Tribes, but he also owned slaves.  Accordingly HIS statue, at the very center of New Orleans, should come down BEFORE LEE’s or DAVIS’ or BEAUREGARD’s, IF that’s the real issue….  But I question whether it is the heritage of slavery, or the heritage of Constitutional Liberty and Limited Government, which is the real target of those who seek to denigrate the heritage of the Confederate States of America…

It would be a MASSIVE miscalculation and great historical hypocrisy to take down the monuments to the Confederate (and post-Confederate) leaders.  Even the layout of the city along the river, and the street names (e.g. “the Muses”, Prytania), are testaments to the importance of the Greek Revival and Classical heritage of Athenian Democracy in this City—if you want to obliterate the Southern Legacy in the history of New Orleans, you just need to NUKE THIS CITY, maybe twice, and then think about nuking the rest of the State and the whole of the South—everything of any historical importance comes back to one major truth—Cotton was King and the Mississippi was its Royal Road….

https://charleslincoln3.com/2015/07/16/banning-the-confederate-flag-monuments-is-genocide/
https://charleslincoln3.com/just-nuke-new-orleans-now/

Go Suck a Lemon, Orly: Or whoever it is that keeps writing these Retarded Attacks on me in the Ripoff Reports!

(see Saturday afternoon 5:55 PM update below—this may go on for a while–)

I have no idea anymore what the real purpose of the Ripoff Report is—it obviously has nothing to do with Consumer Protection—I wonder whether Orly and Yosi Taitz have used their ill-gotten wealth and indirectly taken control or is Ripoff Report just too good to pass up for the purpose of content-free anonymous slander?  The latest appeared today at 12:13 High Noon…. when Orly or one of her flying monkeys just wrote on the Ripoff Report:

SUBMITTED: Saturday, October 13, 2012

AN INDICTMENT IS NOT A CONVICTION and I have never been convicted of FORGERY or BANK FRAUD or anything like that.Yes you took a plea rather than face your crimes!The reason why Marcelina Alvarado’s affidavit was in perfect English is that most people DO NOT write there own affidavits they tell there story and a lawyer or legal assistant writes it and they sign it. Even you where not this incompetent as a lawyer, rather than be a man and admit your crimes this is a pathetic attempt to manufacture a “conspiracy” against you.You get no mercy Mr Lincoln, everyone will know of your scams, you are merciless with your victims, you lie and steal until there is nothing left, or you have been exposed, then you file suite or lean their house! You are a disgusting human being inside and out!

(Whoever you are that’s writing all this crap: I love you, I forgive you, but I neither love nor forgive your spelling, grammar, and I think you’re pretty disgusting impersonation of a human being inside and out too—and I think you should be made to stay in time-out in the closet while all of the rest of the class has recess on the playground, OK?  TEACHER!!!!  Will you do what you can, Mrs. Cadwalader?  THIS PERSON’S WHO’S WRITING ALL THESE THINGS ABOUT ME IS A REALLY NASTY BULLY, CAN YOU CALL THE SPLC PLEASE TO PROTECT ME???????)

But to ORLY TAITZ, or whoever this is, I replied within two hours:

(1)  Even if it’s true that most people don’t write their own affidavits or declarations, which I’m not at all sure about, especially in initial reports to the police, it’s true that, to be real, a complaint has to be both signed and understood by the person who wrote it—Marcelina’s complaint against me, as described above, was NEVER signed nor any indication that she gave a statement in Spanish.

And of course, it was NOT Marcelina’s LAWYER or LEGAL assistant who prepared Marcelina’s complaint against her—it was Lieutenant REYES of the Lago Vista Police Department who summoned MY HOUSEKEEPER to the Police Station—and Marcelina NEVER signed that statement.  All the members of the Western District of Texas Admissions Committee who supposedly heard her speak said to me and my lawyer she was “a very credible witness” but since my lawyer and I never got a chance to see how credible (or otherwise) she might have been.  This is the way tyrants have brought false charges against people since the beginning of time, but it was outlawed in the English system after the unjust execution of Sir Walter Raleigh under King James I in

(2)  The Admissions Committee of the U.S. District Court for the Western District of Texas never allowed me (or my attorneys John F. Campbell and Mark Clemens) even to SEE Marcelina Alvarado testify, or provide any actual transcript of her “testimony, “much less allow me the right to cross-examine her—NO—they kept Marcelina and her husband Timoteo in separate rooms to make absolutely sure that they didn’t say anything on the record—except for the Judge-appointed committee’s summary of what they claimed she said.

(3)  Once I saw her from a distance going into one of the admissions committee hearings and Marcelina seemed to look sadly at me and mouth the words “perdoname Mr. Lincoln” (forgive me, Mr. Lincoln).

(4)  The one time anyone of them ever appeared in Court, MUCH later, Marcelina said nothing and Timoteo said only that he thought Marcelina’s story was true—but he had no personal knowlege of anything.

(5)  the Plea I took on the advice of Edwin G. (“Gerry”) Morris—a hero of the Waco Branch Davidian Defense among many others—was for a “strict liability” offense, and Gerry’s advice, and my wife Elena’s advice, was that they wanted me out of the Bar, and so long as I resigned and accepted the stain of a felony, nothing else would happen to me.

More or less this was true.  For all the secret “audiencias” and hearings that took place about Marcelina Alvarado, I didn’t plead guilty to ANYTHING even remotely relating to her allegations (four counts in the December 7 1999 indictment) about counterfeiting and bank fraud—any of which would have had me locked up for years—and Gerry assured me that if I had gone to trial on any of those counts, he would have obtained a Rule 29 Judgment of Acquittal—before anything would have gone to the jury.

But, at least as the Fifth Circuit Court of Appeals (of which Texas is a part) had then construed 42 USC 408(a)(7)(B) at that time, the Social Security count had no defense (required not even a scintilla of proof of intent or motive or gain) and Gerry said, and I remember his words I think pretty exactly, “they will do everything they can to poison the jury about you, and so, even if only that one count goes to the jury, even without the original document (which had been lost at Wells Fargo—ONLY fairly bad copies existed)—they COULD find you guilty and give you the maximum penalty on that one count”.

So I am not sure whether it is even right to say I plead guilty to a “crime”—because I neither admitted to nor was any “mens rea” proved.  So this is a warning, my friends and fellow Americans: believe it or not, misstating your social security number unintentionally and/or FOR NO REASON AT ALL is still a Felony in the US.  They do not have to proof that you either gained anything to which you were not entitled nor AVOIDED any debt you owed because ALL THE OTHER INFORMATION WAS COMPLETELY ACCURATE!).

So the simple truth is: I do not need Mercy—the people of the United States need the “Mercy” of genuine legal reform—by the abolition of judicial immunity, prosecutorial immunity, and secret trials and secret agreements fixed without juries or public oversight or insight of any kind.

The illegitimate-state-sponsored monopolies created by the licensure of attorneys and the resultant Judge-Appointed and Approved State Bar Associations create something like absolute power for judges and those attorneys who collaborate closely with them—but I never joined that club and they hated me.  In this modern context of monopoly, the Judges are Corrupt, the Prosecutors are Corrupt—they saw my civil rights litigation and my refusal to join any of the GOOD OLD BOYS clubs in Austin and Central Texas law as a totally viable threat to the status quo.

They saw me as a person who would upset the whole system by arguing against Police Departments, Qualified Immunity, and for the extension of the Civil Rights Laws to all people, even to Middle Class White People for whom those laws were clearly NOT designed.

But the irony is that back in 1997, I thought and considered NOTHING except that I was doing the right thing—I never imagined that filing suit against Police Brutality and abuse in my little soft-living Lakeside Community of Lago Vista, surrounded by golf courses, Lake Travis, and the Balcones National Wildlife Refuge would cause such a ruckus in the news or such a severe rupture in my life.

But ever since then, I have dedicated my life to reform—that was the real result of my indictment—they took a very socially mild conformist conservative and turned him into a radical agains the system—they forced me to see a lot of things I never dreamt I would see, that I never wanted to see, but that, now having seen them, I can never again ignore.

So in my life after my social and professional death at the hands of Judges Nowlin and Sparks, these are my mottos: “IN GOD I TRUST,” “SIC SEMPER TYRANNIS” and “DEO VINDICE.”

What exactly are YOUR mottos, Orly, or whoever keeps writing these stupid little Ripoff Reports?  I suppose EVERYONE KNOWS that former indictments cannot be used in civil cases to impeach a witness after ten years—but on the Ripoff Reports I guess the limit is a hundred or more?

AND AT 2:41 Orly (or whoever) “reported again” and I had to reply (again)—but now this is getting beyond stupid:

SUBMITTED: Saturday, October 13, 2012

How about the hundreds of thousands in sanctions you racked up?Lincoln was kind enough to post a picture of his scam partner Peyton Freiman, when Peyton shows up he will need 2 things a bath and your money! If you put your money in a pile and burn it you will get light and some warmth with is more than you will get from Lincoln and Freiman! Once the money stops get ready to be sued!!

My reply was:

Yes, I suppose I was overly ambitious to try and politically naive to think I might succeed in my attempt to have the Texas Family Code declared unconstitutional in both State and Federal Courts, and to abolish Judicial Immunity on grounds that it is totally unconstitutional, because it is.  I regard the sanctions issued against me by Texas District Judge James F. Clawson in the 395th Judicial District of Williamson County, when I was represented by Attorneys Francis Wayne Williams-Montenegro and Valorie Wells Davenport, and by U.S. District Judge Walter S. Smith of Branch Davidian infamy in Waco, to be the brightest of the red badges of courage I wear……

For the Record, Judge Walter S. Smith imposed $150,000.00 on me based on ridiculous hearsay allegations in a case wherein I was never a party or a witness and to hearings in which I was never even invited…..all because I had supported a friend, Daniel Louis Simon, of Liberty Hill, Texas….

PS: This is the second time you (Orly, Yosi—who never met Peyton) or whoever, you have complained about Peyton needing a bath.  You must be writing about a different Peyton from the one I know.  But WHOEVER you are, please SHUT UP and crawl into a hole and just disappear from the internet—you are now repeating yourself and this is really getting BORING!

California Coalition for Constitutional Rights: Seeking all California-Licensed 420 Growers or Medical Cannabis Dispensers threatened for violations of FEDERAL Law by State Officials

I have previously stated that I support the rights of the Central Valley growers who have been attacked and put out of business under color of law by California State Officers claiming to be acting under Federal Law or even as Deputized by Federal Agencies.  The goal is to collect as many stories and rights together and file suit under the principles asserted last year in Bond v. United States: that private individuals have standing to sue for violations of States’ Rights under the 10th Amendment. Bond v US 131 Sct 2355 180 LEd2d 269 SCOTUS JUNE 2011.  I would like to see the holdings of Bond, extended to the 9th Amendment as well.  No right should exist, in fact, without a remedy to enforce that right.  Is there a Tenth Amendment remedy to restrict or overturn the Commerce Clause restrictions on liberty imposed and upheld in Gonzales v. Raich06-06-2005 Gonzales v Raich 545 US 1 125 SCt 2195 162 LEd2 1 06-06-2005?  The time has come to abolish illegitimate Federal exercise of power by putting the Interstate Commerce Clause back in the box where it came from (namely Article I, Section 8, Clause 3 of the Constitution).

The attached document reflects our current strategy and goals, comments welcome: 05-16-2012 Deo Vindice-Cannabis + States’ Rights + the Constitution + Agrarian & Individual Freedom

Please call Jack Bauer in Fresno at (559) 291-6188, Peyton Yates Freiman in Austin at (512) 968-2666, or Melody Gillespie in Porterville (559) 779-8253.

Deo Vindice Now Accepts Paypal; Please Support our Campaigns!

Message to all American who Grieve for their Lost Constitution and their Fundamental Rights (but who would like to find the Constitution again and restore it to vigor as the key document in our nation’s life and identity—precisely as vigilant guarantor of our Fundamental Rights):

Contribute here—
http://charleslincoln.spiritualpatriot.com/services.html

Deo Vindice Now Accepts Paypal Contributions for the Following Nine Causes Listed—in soliciting your financial assistance, we do not ask or expect that you can or should support all our goals.  Please look through our broad-ranging list, however, and consider whether you would wish to support one or more of our projects.  Deo Vindice seeks to support itself and its directors by offering litigation support and relief in connection with mortgage finance, foreclosure, and eviction issues.  We do not believe that the Obama “modifications” are going to give anyone any LASTING or MEANINGFUL relief.  However, we are also interested in a wide-variety of civil rights and constitutional litigation issues which simply cannot exist without your contributions and support.  If you would like to contribute, please write us a letter/e-mail with your designation of one or more areas in which you would like your money to be spent—your directions will help us prioritize our non-mortgage-related reform campaigns and projects.

Whether you do so as JUDEO-CHRISTIAN CHARITY or ISLAMIC ALMS: HELP THY NEIGHBOR—Don’t send him or her to the Government; As Ronald Reagan famously said, “The most frighting sentence in the English language is, “We’re from the government and we’re here to help you.”):

CAMPAIGNS TO:
(2) LIMIT OR CURTAIL JUDICIAL IMMUNITY (Alabama, Arizona, California, Connecticut, Florida, Georgia, Idaho, Louisiana, Massachusetts, Michigan, Montana, Texas, Washington)

(3) NULLIFY ALL ACTIONS BY STATE OFFICIALS DONE IN ABSENCE OF FEDERAL OATH REQUIRED BY 4 U.S.C. Sections 101-102 (Texas and Florida).

(4) CAMPAIGN FOR RESTORATION OF HARD CURRENCY BASED ON MOVABLE COLLATERAL (Neither on Human Labor Nor Real Estate—i.e., end the Federal Reserve Banking & Banknote system dependent on voluntary Income Tax and Social Security)(nationwide).

(5) CAMPAIGN TO NULLIFY STATE MARRIAGE LICENSES, FAMILY, DIVORCE, & CHILD CUSTODY CODES, AND ALL OTHER STATE-FEDERAL WELFARE PROGRAMS WHICH INTRUDE ON FAMILY AUTONOMY AND FREEDOM OF RELIGION AND EXPRESSION (Alabama, Arizona, California, Connecticut, Florida, Georgia, Idaho, Louisiana, Massachusetts, Michigan, Montana, Texas, Washington).

(6) ABOLISH THE STATE BAR MONOPOLY—FOR THE PEOPLE TO KNOW, UNDERSTAND, APPLY, and ARGUE ABOUT THE LAW IS THE ESSENCE OF DEMOCRACY—Do not allow the state to license your fundamental rights to a small group of highly paid noble-advocates (nationwide).

(7) SEPARATE REGULATION OF THE PRACTICE OF LAW FROM THE JUDICIARY.  If there ARE to be law licenses, they should be issued by the Executive Branch, pursuant to laws enacted by the legislature, NOT by the Supreme Court of Each state (nationwide).

(8) Repeal or Abolish the Patriot Act of 2001-2004, restore Habeas Corpus and also repeal the Anti-terrorism and Effective Death Penalty Act of 1996) and dismantle the Department of Homeland Security.

(9) End Federal Control of Health, Education, and Welfare programs and abolish the Federal Executive Cabinet Level departments and the bureaucracies in charge of these programs.
Contact: Kathy Garcia-Lawson in Florida (and regarding all Family and Judicial Issues)(561) 694-2772 Daniel L. Simon in Texas (and regarding all Family, Judicial, and Oath Issues) (512) 228-9416 Senator Jerry O’Neil in Montana (and regarding all issues relating to civil rights, lawyers, and the practice of law) (406) 892-7602. Peyton Yates Freiman Regarding all Civil Rights Issues (512) 923-1889 Robert Joseph Ponte regarding all Mortgage & Real Estate Issues (860) 599-5557.

Deo Vindice

“May the Lord God be with you,

and with thy spirit!”

Charles E. Lincoln, III

Spiritual Patriot

Tierra Limpia

Tel: 512.968.2500

eFax: 419.844.9142

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