Posted on 08/12/2010 7:51:49 AM PDT by Chunga85
FRAUD UPON THE COURT! Case Dismissed!
In the Circuit Court of the Fourth Judicial Circuit in and for Duval County, FL
Lancey, I pity you...You need to open your eyes and understand and educate yourself...THE BANKS SCREWED OUR COUNTRY OUT OF BILLIONS.
If the Document you read & signed and was led to believe was a true document and was really FRAUD then What? It’s called FRAUD IN THE FACTUM.
I hate repeating myself , but,
UCC 3-501...Without Dishonor, Here I’ll make it simple...
http://www.law.cornell.edu/ucc/3/3-501.html
Now you go ask your lender to do this and then come back with an intelligible question.
I recently went through a Short Sale in Florida. It was quite interesting after the fact. The Lenders to me kept playing games with the paperwork and ended up losing me at least two very serious buyers who just got tired of the run-around. Finally I did get the house sold.
Now come the really interesting part. I had a home-equity loan on the place so that counted as a second mortgage. I had that loan prior to the big run-up in value in 2005-2006. When the short sale went through the holder of the Second mortgage said that they held the posistion that they had the right to attempt to collect on the debt. I SIGNED it knowing that and fully expected them to follow up on it. That’s just the way it goes sometimes.
What happened after that was in my mind fraudulent on the banks part and on the law firm that tried to collect on the debt. And threatened to take me to court immediately unless I entered into a payment agreement with them.
You see the bank in question had filed with the circuit court a document stating that the loan had been terminated and that the bank was completely satisfied. Mind you it was done in legalese and if I had too I could go look it up again. The point here is that the bank NEVER notified me. And when the lawyers started dunning me for the money I asked to see the paperwork and they wouldn’t do so. Florida on the other hand keeps all of those records available online and I was able to get a certified copy showing that the bank had told the court that the loan was paid off.
After telling the law firm in question this and faxing them the paperwork that was filed with the courts they just left me alone. I believe that if they had tried to file paperwork with the court on a loan the bank had said was paid off, that would have been fraud. I’m no lawyer but since they have left me alone since then I think that is what happened.
I fully expect to get a 1099 for that money from the bank as unrealized income.
Yeah, I know. So did the evil corporations.
Anyway, it's Bush's fault.
Everybody is out to screw the "little guy", the deadbeat whose only fault was to stop making the mortgage payments he agreed to make. The only way to make it right is to "forgive" his loan, shower him with "free' money and a "free" house, and make the banks and evil corporations pay. Those pieces of paper filed in Delaware need to feel your pain!
By the way, welcome to Free Republic. You should last a real long time.
Have a happy circle jerk.
Sorry you had to result to a short sale.
I know friends of mine who were paid up on their mortgages &/or paid off in full and still got foreclosed upon.
Some have already lost their homes to illegal foreclosure.
Proof is in the pudding.
Short Sales can be, and usually are, perilous for both the buyer and seller.
In this day and age of “Mortgage Backed Securities” titles without defects are few and far between. Furthermore, efforts to “wash” the titles are often performed by the “lender’s agent”.
You should have received a “Satisfaction of Mortgage” and it should be filed with your County Clerk of Court.
Lancey, your posts are very well thought out and add a great deal of value to the discussion.
Any relation to Moe?
Thanks!
Evil Corps., Banks...
You go ahead and make deadbeats look bad. Doesn’t effect me because I am RIGHT.
If you knew me as a man you wouldn’t say that I am a deadbeat.
If a thief steals your car wouldn’t you expect the car to be returned to you when found and the thief to be brought up on charges?
The same goes for Fraudulent Assignments of Mortgages.
Ok, hypothetical, If YOU say I owe YOU $XXXXXX and you will foreclose on me if I don’t make amends, Then YOU have the NOTE. Can YOU PROVE IT UP? And if you can’t?
Reality, Maybe, NO, YOU can’t because you aren’t the pretender, and if YOU are the pretender lender?
UCC 3-501
And Thank You, I wish to have civil conversations w/ like-minded Americans here for a long time.
God Bless You and America
You post cryptic threads like this one with essentially no information but with a link to a support forum for people in foreclosure and you think I am not adding “a great deal of value to the discussion”? Do I have that right?
You’re too funny.
(You are polite, I’ll give you that.)
My recommendation to you would be to lay out the story in your own words, in easy-to-understand layman’s language without a word of legalese. Explain what this is about. I suspect that you might find more interest and genuine discussion if you were to do that.
FRegards,
LH
The subject of the thread pertains to Judge Jean Johnson’s decision to dismiss a foreclosure action with prejudice due to the plaintiff’s pattern of concerted efforts to commit fraud upon the court.
(With Prejudice means - it’s a done deal)
Whether FL AG McCollum is pandering or not - he has formally opened an investigation and issued subpoenas to three of the largest “Foreclosure Mills” in FL.
It really isn’t possible to exclude “legalese” from a Judicial decision.
Bullets 10 - 13 of Judge Johnson’s decision seem pretty clear to me and, no, I am not an attorney.
Sorry.
Yes, that was the name of the Document - Satisfaction of Mortgage. It was filed with the Clerk of Courts but I never had a copy sent to me. Mind you the Primary mortgage holder did send me on but not the Second Mortgage holder.
So when I found the document online in the Clerk of courts records and presented it to the Law firm representing the bank they just dropped the whole thing.
It might be a good idea to keep a close on your Clerk of Court.
It is not outside the realm of possibility that the second lien holder will file a motion for summary judgment without notifying you.
These people don’t play by the rules. More accurately, they break them every chance they get.
Also become familiar with the term “force placed insurance” and what impact it may or may not have on you.
Thanks for the Tip. I’ll do that.
Great work Chunga...It’s not easy being a laymen in these BANKS world of Lies & Deceit.
THEY changed the GAME and never handed out the rules.
If Lancey looked here...
http://www.foreclosurehamlet.org/
he might find a wealth of information and REAL AMERICANS to assist in his self education. Oh and legalese is a prerequisite, but, Don’t look there is nothing to see there.
Thanks again Chunga for the explanation.
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.