What's the penalty for perjury?

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Permalink Reply by Alan Barbieri on April 24, 2012 at 5:52pm

Did you get an answer to your question? I am wondering the same. I've found the courts swing both ways on this issue. Some feel the date of the endorsement is enough for the validated complaint, others read the rule differently.

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Permalink Reply by Patriot Info on April 28, 2012 at 12:00am

No. What rule are you referring to?

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Permalink Reply by Alan Barbieri on April 28, 2012 at 8:08am

1. Defendant(s) First Defense is: Plaintiff lacks standing and/or capacity to sue, including no right to enforce the note and/or mortgage against Defendant(s).
   1. Florida Statues §702.01 states: An assignment of a mortgage must be recorded in the official records of the county in which the real property is located upon each transfer of beneficial ownership of the mortgage before a foreclosure action may be initiated. The use of the term “nominee” in a mortgage instrument does not provide sufficient notice of the actual economic ownership of interests in the real property.
   2. Date Assignment of Mortgage attached to Plaintiff’s complaint as “Exhibit C” was recorded in the Land Records of Port Saint Lucie March 26, 2012, ten days after Plaintiff’s foreclosure complaint filed with the Court. 

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Permalink Reply by Patriot Info on April 28, 2012 at 8:13am

702.01 Equity.—All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. The foreclosure claim shall, if tried, be tried to the court without a jury.

Where are you getting your information?

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Permalink Reply by saving my home in floridah on April 28, 2012 at 9:14am

all the banks are doing that.  what the problem is, it is up to you as a pro se or a lawyer to bring this to the judges attention.  if you are writing up your motion to dissmiss it would include that the bank foreclosing has no standing.  the problem is , it is up to the judge to call it "perjury".  in florida  ( i am in the tampa bay area) we are dealing with pensions tied to these Mortgage backed securities.  the judges are reluctant to rule perjury.  they dissmiss cases with prejidice,  which means the bank can re file the lawsuit at any time.   in my case i have no assignment  but have a documented letter whom my investor is.  so basically my foreclosure is perjury to.  but i heard the judges in my county are tuff.  so i sit and wait to see how the judge will rule on my motion to dissmiss.  hope you can get some other pro se's to join you.  this a fight for what is legally ours, since land records have been in existence. keep up the fight.

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Permalink Reply by Patriot Info on April 28, 2012 at 9:21am

Thanks for your reply.

This may have been just a typo (and to clarify for future readers), but to be able to re-file, the case would have had to been dismissed without prejudice.

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Permalink Reply by saving my home in floridah on April 28, 2012 at 9:49am

yes  sorry i am not  a lwyer  but trying to learn these terms,  yes  sorry i googled it   dissmissed with out prejudice the bank can re file ,   with prejudice ,  case is over, closed.  thank you  for correcting  me.  i am very stressed not knowing how the judge in my case is going to rule.

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Permalink Reply by mustang on May 12, 2012 at 12:00pm

     I have a similar problem. My foreclosure was initiated in November 2009 by the notorious David J Stern. He didn't have an assignment "created "as yet so he created one supposedly in Texas in June of 2010. I am writing a complaint to the Attorney General explaining this type of fraud. The attorney General is investigating both the lawyers (Stern and Wellborn) who have represented Bank of America on this case. If we have enough people we can sign a petition to have these Robo Signed documents thrown out of court.

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