THEY’RE BAAACKKKKK—–WATCHOUT!

The banksters are in trouble.  Big trouble.

They have made a crime scene of our nation’s formerly sacred public records.

They have blatantly and without remorse ignored hundreds of years of real property law.

They have blatantly and without remorse ignored and disregarded fundamental and Constitutional law that form the very foundation of our entire country.

They have blatantly and without remorse disregarded rules and procedures that have governed and kept secure the court systems all across this entire country.

And now they want a free pass.  They want to just walk away from it all.

They have introduced souped up version of the prior (and very ugly) non judicial foreclosure bill.  Make no mistake this is one of the ugliest, most anti-consumer pieces of legislation ever introduced in this state.

This is the Bad, Bad Bankster Fraud Forgiveness Act of 2012!

Have a read at some of the lowlights!

• Once suit has been filed, the public interest is served by moving foreclosure cases to final resolution expeditiously in order to get real property back into the streamof commerce… (NO FOLKS, ONCE A SUIT HAS BEEN FILED OUR COURTS SHOULD BE FOCUSED ON UPHOLDING HUNDREDS OF YEARS OF LAW)

• Section 57.105, Florida Statutes, (Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee) is repealed. (THE FRAUDCLOSING PLAINTIFFS ARE PAYING ATTORNEYS FEES FOR IMPROPER CONDUCT, THIS WOULD PROTECT THEM FROM PAYING FOR THEIR IMPROPER CONDUCT.)
  
• Following dismissal of the foreclosure case, and upon request of the plaintiff, the clerk may return the original promissory note without need for further order of the court. (WHY, SO THE NOTE CAN BE SOLD TO A ZOMBIE DEBT COLLECTOR?)
  
• In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property. (THIS IS A BIGGIE PEOPLE, THIS IS THE REAL BIG ONE HERE, THE GET OUT OF JAIL FREE CARD!)
  
• After foreclosure of a mortgage based upon the enforcement of a lost, destroyed or stolen note, a person, not party to the underlying foreclosure action, who claims to be the Actual holder of the promissory note secured by the foreclosed mortgage, shall have no claim against the foreclosed property after it has been conveyed for valuable consideration to a person not affiliated with the foreclosing lender. (ANOTHER RED ALERT BIGGIE HERE, A TOTAL REWRITE OF EXISTING LAW)
  
• In uncontested mortgage foreclosure proceedings, the court shall enter final judgment within 45 90 days from the date 0of the close of pleadings. (GOTCHA!)
  
• Where the amount of principal and interest, exclusive of fees and costs, owed to a foreclosing lender equals or exceeds 120% of the just value of the property subject to
  foreclosure, as determined by the county property appraiser in the most recent certified tax roll, the foreclosing lender may elect to foreclose without a judicial sale of the property. (THIS HERE IS THE REAL THING, GOTCHA!, GOTCHA!, GOTCHA! WE DON’T NEED NO STINKIN’ JUDGES OR COURTS OR DUE PROCESS!)
  
• In any mortgage foreclosure action, upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney. (REMEMBER ABOVE WHEN THEY ELIMINATED THEIR OWN LIABILITY FOR ATTORNEY’S FEES IF THEY WERE CAUGHT? WELL, THEY ADDED FEES AGAINST DEFENDANTS.  THIS PUNITIVE SECTION WILL PREVENT ANY CONSUMER FROM HAVING ANY ATTORNEY REPRESENT HIM IN COURT.)
  

Now, the real question is who is going to sponsor this MOST ABSOLUTELY HORRIBLE, ANTI-CONSUMER legislation?  Now just for starters, even before session begins, this thing has already been drafted.  Who drafted this bill? What special industry group paid for and submitted this?  What banking group, what group of foreclosure mills?  What special industry groups?

MAKE NO MISTAKE THIS LEGISLATION IS BOUGHT AND PAID FOR AND IT WILL BE A TOP PRIORITY OF THE 2012 LEGISLATIVE SESSION!

AND WHAT CAN YOU DO TO FIGHT AGAINST IT? (FILL OUT THE PETITION)

2011+draft+sent+to+bill+drafting

Concerned reader:

Thanks Matt for this post. While I’m not in a position to comment on the entire bill, I know section 57.105, Florida Statutes is a double-edged sword that has been used to sanction nonlawyer pro se litigants thousands of dollars over pleading errors by judges who favor the banks or other strong party. And 57.105 could never benefit a nonlawyer pro se because they cannot collect attorneys fees regardless of the circumstances.

I see the demise of 57.105 as a good thing. In any event, doesn’t Section 16 of the bill creating Section 702.12, Florida Statutes, accomplish the same intent as 57.105? So why the change?

Also, doesn’t Florida already have a way to set aside, invalidate, or challenge the validity of a final judgment? Is it Florida Rule of Civil Procedure 1.540(b)?

This might be a bad bill for the reasons you articulated, but this is my view as a nonlawyer pro se. Thanks again for the post, hope your petition drive is going okay, sent mine in already. Looking forward to seeing Florida Representative Matt Weidner in Tallahassee soon!

John Anderson:

August 13, 2011 at 8:18 PM

What about the ex post facto clause in the constitution? A bought off legislation can effect future cases, but not ones that happen before a bill passage.
I am sure that you&me and other activist will protest the hell outa this!

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