Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Legislature did not approve $9.6 million for judges to listen only to lenders
The Palm Beach Post ^ | 9/23/20101 | Rhonda Swan

Posted on 09/25/2010 4:47:21 AM PDT by Chunga85

snip>

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.

snip>

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.

snip>

(Excerpt) Read more at palmbeachpost.com ...


TOPICS: Business/Economy; Crime/Corruption; Government; News/Current Events
KEYWORDS: foreclosurefraud; judgecolton; rocketdocket
Navigation: use the links below to view more comments.
first 1-2021-25 next last
I haven't been this embarrassed for the state of Florida since the days of the dimpled chad.

This has turned into a judicial burlesque show.

1 posted on 09/25/2010 4:47:28 AM PDT by Chunga85
[ Post Reply | Private Reply | View Replies]

To: Chunga85

Tell the DEADBEATS that it’s time to live in an apartment, and that they shouldn’t have taken out those INSANE loans.


2 posted on 09/25/2010 4:51:30 AM PDT by BobL (The whole point of being human is knowing when the party's over.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Chunga85
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.

I'm in Tampa Bay area, and was told by a reliable source that the backlog of foreclosures in our area is 20,000. The system has been overwhelmed by the sheer number of cases to process.

3 posted on 09/25/2010 4:56:51 AM PDT by dawn53
[ Post Reply | Private Reply | To 1 | View Replies]

To: Chunga85

I hate it when I agree with the libs on something. But they’re right on this. Florida is a judicial foreclosure state. That means that a foreclosure is a civil court proceeding. It needs to be handled as such.


4 posted on 09/25/2010 5:00:11 AM PDT by RKBA Democrat (Amateurs study tactics, professionals study logistics, and victors study demographics.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Chunga85

If the lender fails to prove that they own the note. The title has to go back to the home owner. Its the law. Banks cannot lose the paperwork...


5 posted on 09/25/2010 5:06:44 AM PDT by ColdSteelTalon (Light is fading to shadow, and casting its shroud over all we have known...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RKBA Democrat

I personally don’t think this is a liberal vs. conservative issue at all. It’s a matter of following the law.

If homeowners who are not in default sent Qualified Written Requests and/or Debt Validation Letters (as is their legal right pursuant to the Truth in Lending Act) to their alleged lender we would see how corrupt this has become.

Upon the alleged failure to address these requests one could make their mortgage payments to a court escrow account until the matter is resolved.


6 posted on 09/25/2010 5:19:43 AM PDT by Chunga85 ("Foreclosure Fraud", TARP, "Mortgage Crisis", Bailout)
[ Post Reply | Private Reply | To 4 | View Replies]

To: RKBA Democrat

I have little patience for the banks that ignored their basic legal responsibilities because they wanted to play “leverage the derivative” to make a quick buck by playing games with “securities” they knew were toxic.

If a “lender” cannot produce the required documentation that they own the note, they should suffer the legal consequences of their negligence.

OTOH, most of the “homeowners” in these cases got into trouble because they also were playing out of their league and betting on prices continuing to go up.

A plague on both their houses, so to speak.


7 posted on 09/25/2010 5:33:18 AM PDT by Sherman Logan
[ Post Reply | Private Reply | To 4 | View Replies]

To: Chunga85

“It’s a matter of following the law.”

Exactly. And this incredibly lib newspaper happens to be right because of that. The banks clearly don’t like having to deal with the judicial process, hence their legislative efforts to make Florida a nonjudicial foreclosure state. That’s their right. Their efforts failed.

As for existing mortgages, the lenders knew or should have known the rules going in. The fact that debtors are using those rules was predictable.

This a major pucker factor for the lenders, because they’re coming to recognize how widespread the problem with jerry-rigged documentation is.


8 posted on 09/25/2010 5:44:23 AM PDT by RKBA Democrat (Amateurs study tactics, professionals study logistics, and victors study demographics.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Sherman Logan

“A plague on both their houses, so to speak.”

Yes. But ultimately I think the lenders are going to be the losers here. Florida has a largely unlimited homestead exemption in bankruptcy.


9 posted on 09/25/2010 5:51:21 AM PDT by RKBA Democrat (Amateurs study tactics, professionals study logistics, and victors study demographics.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Chunga85
You know, I hate to be the bearer of bad news, but nothing is going to change in America until we oust 80% of sitting judges at all levels.

The American judiciary is *the* problem. Even more so than the Ministry of Propaganda, Government Schools, Congressional Marxists, and the Entitlement Class.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

10 posted on 09/25/2010 5:58:23 AM PDT by The Comedian
[ Post Reply | Private Reply | To 1 | View Replies]

To: RKBA Democrat
It's not just Florida..this is spreading like wildfire. California, Maine, Texas, New York...

Foreclosure Revolution Starts NOW!

snip>

On August 17, 2010, attorney Susan Chana Lask filed a Federal Class Action Complaint on behalf of tens of thousands of New York State homeowners who lost their homes to an alleged foreclosure fraud orchestrated for years by a New York "foreclosure mill" attorney and major mortgage companies. The case is filed in the US District Court, Eastern District of New York, entitled "Connie Campbell against Steven Baum, MERSCORP, Inc, et al.", Case #10CV3800. It alleges RICO civil racketeering, RESPA, Fair Debt Collection Practices Act violations and that homeowners paid inflated foreclosure and other fees fictionalized by Mr. Baum who profited from the scheme since 2005.

The action seeks to return tens of thousands of foreclosed homes to their owners or the values thereof and hundreds of millions in punitive damages against Mr. Baum, MERSCORP and HSBC.

snip>

The aforementioned false foreclosure filings potentially hit tens of thousands of New Yorkers who were foreclosed upon. "Courts have rules and laws are made to be followed. Corporate America needs to follow the rules and be accountable just like the rest of us, else we're all victims to one big Bernie Madoff scam," says Lask.

Courts blast Mr. Baum for his sloppy filings claimed to be deliberate to hasten foreclosures on unwitting homeowners and courts. On July 29, 2010 NY County Supreme court Judge Alice Schlessinger summed up a MERS foreclosure as "I am unable to say with any confidence that this was an honest transaction." (Index #109824/05). The Manhattan US Trustees office started an investigation of Steven Baum months ago.

His tens of thousands of filings hit innocent and desperate people victimized by the present economic crisis who don't know how to defend themselves nor have the money for an attorney, according to Susan Chana Lask and courts as referenced above. People lose their property for false filings.

This process allows banks to avoid recording loans in the proper name, which saves the banks county clerk recording fees and allows them to resell the mortgage under different names that are hard to trace if not recorded. "They profit at every angle, starting with all the fees they getfrom the initial mortgage closing, then reselling it on the market to investors, right down to taking someone's house away to sell it for more money on top of everything they already got", says attorney Susan Chana Lask.

11 posted on 09/25/2010 6:09:50 AM PDT by Chunga85 ("Foreclosure Fraud", TARP, "Mortgage Crisis", Bailout)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Chunga85

If any of the cases he approved turn out to be a wrongful foreclosure, such as the increasing number of foreclosures of the wrong house, can he be impeached?


12 posted on 09/25/2010 6:21:07 AM PDT by tbw2 (Freeper sci-fi - "Sirat: Through the Fires of Hell" - on amazon.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tbw2

I hope so.


13 posted on 09/25/2010 6:31:56 AM PDT by Chunga85 ("Foreclosure Fraud", TARP, "Mortgage Crisis", Bailout)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Chunga85

“It’s not just Florida..this is spreading like wildfire. California, Maine, Texas, New York...”

Yeah, pretty much any state where there is judicial versus nonjudicial foreclosure. This is “hugh and series”!

I’d argue it’s a bigger issue in states with largely unlimited homestead exemption in bankruptcy as the debtor could end up owning a free and clear house in short order for the price of a chapter 7 filing.


14 posted on 09/25/2010 7:15:09 AM PDT by RKBA Democrat (Amateurs study tactics, professionals study logistics, and victors study demographics.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Chunga85
Funny how "liberal" this thread is. There is not an iota of evidence in the linked article that the judge described is letting the creditor get away with something criminal or illegal. It is merely exercising rights that it has under a voluntarily agreed-to agreement with the debtors. Rather than wasting all this time and money - the state's money, the creditor's money, and the debtor's money - with these stupid proceedings that are, more or less, just welfare for lawyers, the money and time would have been better spent giving the debtors 5 months' time to find an apartment, move into it, and build up a little cash reserve. Then the creditor simply gets the house and that's that.


15 posted on 09/25/2010 7:22:00 AM PDT by Oceander (The phrase "good enough for government work" is not meant as a compliment)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oceander

The problem is that we often have no documentation who the actual creditor is.

Banks are foreclosing because they “say” they own the mortgage on the property, rather than being required to prove they own the mortgage. Requiring all parties to follow the law is a root conservative principle.


16 posted on 09/25/2010 7:46:02 AM PDT by Sherman Logan
[ Post Reply | Private Reply | To 15 | View Replies]

To: Chunga85
right down to taking someone's house away to sell it for more money on top of everything they already got

There's part of the issue, even if you are of the opinion that the homeowner owes somebody the monthly mortgage payment and shouldn't get a free ride. Is the foreclosing bank even entitled to the property? This judge doesn't seem to care.

Escrowed payments while the true ownership is sorted out seems to be an equitable solution.

17 posted on 09/25/2010 7:57:30 AM PDT by NonValueAdded ("It's amazing, A man who has such large ears could be so tone deaf" Rush Limbaugh 9/8/10)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sherman Logan
If they don't actually own it, then the debtors should raise the point. No one gets to lie around on their rights, go through a proceeding, and then turn around and claim that they really shouldn't have lost because, gee, they forgot to raise the "minor little detail" about the creditor not holding the debt. That is one of the oldest, hoariest, most cardinal principles of the common law.

Secondly, you don't have to own a debt to be able to enforce its terms, so long as you have authority from the owner/holder of the debt to act as the owner's agent in enforcing the debt.

Bottom line is, except in a very few number of cases, these folks were either willfully blind to the circumstances - such as their inability to afford the home they borrowed the money for - or were actively involved in the shenanigans that led up to the granting of the debt and the eventual default.

If they cannot pay the mortgage, they should be assisted as quickly as possible to get into an apartment, unless they can prove that they're having a merely temporary setback and will be able to make up the arrearages in short order.
18 posted on 09/25/2010 9:04:40 AM PDT by Oceander (The phrase "good enough for government work" is not meant as a compliment)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Oceander
If they don't actually own it, then the debtors should raise the point.

I do believe that's the point of the article. FL judges are refusing to hear evidence that this is the case. Just not interested. Not relevant.

Secondly, you don't have to own a debt to be able to enforce its terms, so long as you have authority from the owner/holder of the debt to act as the owner's agent in enforcing the debt.

Quite true. However, as I understand it, this chain of authority has often been broken or is unclear or undocumented.

19 posted on 09/25/2010 9:11:37 AM PDT by Sherman Logan
[ Post Reply | Private Reply | To 18 | View Replies]

To: Sherman Logan

You’re right. The foreclosure mills are producing bals, backdated documents to hide the true holders in due course of the note and deed of trust. You must have both to foreclose. MERS failed in their mission to track and record documents at county court houses, thus permanently putting a cloud on the title. In one recent case, a couple had their house sold in foreclosure, then, after they were evicted they were again foreclosed upon, again, by another bank: All due to faulty paperwork from MERS. In fact, backdated assignments cannot be used to claim standing, but judges overlook this simple point.


20 posted on 09/25/2010 10:06:30 AM PDT by tweakDU
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-25 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson