Supporting, Informing & Connecting People in Foreclosure

December 2009 Blog Posts (27)

Response from Scott Ellis_Brevard Clerk of Court

Assignment Fraud... but what is yours, and what is not yours?‏

From: Scott Ellis (Scott.Ellis@brevardclerk.us)

Sent: Thu 12/31/09 4:23 PM

To: Tony Webster (twebster321@hotmail.com)

Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); howard.tipton@brevardcounty.us

I truly believe if you borrow the money you know you owe it, and if there is collateral you know it is to be forfeited upon failure to make loan payments,… Continue

Added by stopGOVTwaste on December 31, 2009 at 4:49pm — 1 Comment

Can I get a little help from someone who knows which cases to cite?

I know some of the state supreme court rulings but do not have a comprehensive list yet... does anyone have these cited? Your help is greatly appreciated... please email me. I think I have one more round left in me today before I call it quits. Thanks and have a safe and HAPPY NEW YEAR!!!

*********************************************************

Subject: Assignment Fraud... Court Precedent?

Date: Thu, 31 Dec 2009 16:47:34 -0500

From:… Continue

Added by stopGOVTwaste on December 31, 2009 at 4:30pm — 4 Comments

ACTUAL JUDGES ORDER DISMISSING A FORECLOSURE

15 Fla. L. Weekly Supp. 453a

Mortgages -- Foreclosure -- Complaint dismissed for failure to state cause of action -- Only document presented by plaintiff in support of claim that it owns and holds note and mortgage was mortgage payable to another party -- Purported assignment filed in response to motion to dismiss, which did not contain name of assignee or recording information for mortgage, only clouds ownership issue

DEUTSCHE BANK NATIONAL TRUST COMPANY, TRUSTEE FOR… Continue

Added by George Beckus on December 31, 2009 at 1:02pm — No Comments

JUDGE CANCELS MORTGAGE DEBT!!!

Congresswoman Marcy Kaptur has become something of a crusader for homeowners’ rights in the wake of the housing crisis, as well as a major critic of US banks. Moyers played a clip of her giving a speech this past January in which she urged homeowners to ignore eviction notices and become “squatters in [their] own homes” if they need to:

“So why should any American citizen be kicked out of their homes in this cold weather? … Don’t leave your home. Because you know what? When those… Continue

Added by George Beckus on December 31, 2009 at 12:00pm — No Comments

Response to Scott Ellis_Brevard Clerk of Court

Many thanks to all of you who participate in this as well as other forums on the web. The collective brain power I see on display is amazing! I was really taken back by the response of our Clerk of Court and thought to myself "am I really wasting my time here with this."

However, Dan E. pointed out something that really made sense. Although I may be wasting my time trying to explain to the Clerk why the docs coming through are fraudulent, I do need to be able to articulate "why" and… Continue

Added by stopGOVTwaste on December 31, 2009 at 12:00pm — No Comments

GETTING THROUGH A BACKED UP FORECLOSURE DOCKET AT THE EXPENSE OF DUE PROCESS

Although many articles on the web encourage homeowners to defend a foreclosure case on their own, the most that can probably be hoped is that they can delay the sheriff sale or eviction for a period of months. Getting actual justice in the case is probably not to be expected, however, as government judges are more likely to give preference to the banks that are paying the filing fees in the lawsuit.

Take the following story in the Wall Street Journal from Fort Myers, Florida, where… Continue

Added by George Beckus on December 31, 2009 at 11:58am — No Comments

The Last Day of A Difficult Year

On the bright side: I've learned a lot. My beloved child, LoveBug, gives me joy like nothing else in the Universe. I've met many wonderful people similarly compelled to stand up for our country and it's people. I've become more generous with my time and money as I see others much worse off than I. My reliance on my faith has strengthened. My personal conduct is guarded closely as I see a creeping evil Leviathan in the world and wish it not to enter my little sphere. And, I have a nice closet… Continue

Added by L on December 31, 2009 at 5:30am — No Comments

An open letter to Scott Ellis (part 2)

RE: FS 673.2031(2)_MERS & Fraudulent Assignments in Public Record‏

From: Scott Ellis (Scott.Ellis@brevardclerk.us)

Sent: Wed 12/30/09 11:07 PM

To: Tony Webster (twebster321@hotmail.com)

Cc: Frank Sakuma (Frank.Sakuma@brevardclerk.us); Pete Griffin (Pete.Griffin@brevardclerk.us)

Mr. Webster,

This would be for a court to determine. I did look over your webpages and the powerpoint, but all seem to address a chain of debt paperwork, none discuss the… Continue

Added by stopGOVTwaste on December 30, 2009 at 11:27pm — No Comments

An open letter to Scott Ellis_Brevard Clerk of Court (part 1)

Any thoughts on how to frame a response to this would be greatly appreciated. Thanks!!!

RE: Assignment Fraud... Felony?‏

From: Scott Ellis (Scott.Ellis@brevardclerk.us)

Sent: Wed 12/30/09 9:54 PM

To: Tony Webster (twebster321@hotmail.com)

Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); howard.tipton@brevardcounty.us

I’m not really sure what the point is, Mr. Webster. If you are saying a lender is… Continue

Added by stopGOVTwaste on December 30, 2009 at 11:23pm — 4 Comments

DON'T COUNT ON A LOAN MODIFICATION TO HELP KEEP YOU IN YOUR HOME, UNLESS YOU HAVE LEVERAGE OVER YOUR LENDER

Remember the Obama Administration’s “Making Home Affordable Plan”? The one that promised to help millions of financially strapped Americans who faced foreclosure on their homes by giving incentives to lenders to renegotiate their loans? And remember all the bailout money that the banks got in return for promises that they would do their part in getting everybody back on track? Well, guess what’s not working? And guess why it’s not working?

Although the plan was touted as providing… Continue

Added by George Beckus on December 30, 2009 at 10:20pm — 1 Comment

KEEP AN EYE OUT FOR LENDERS FILING FRAUDULENT PAPERWORK WHEN FORECLOSING!

Recently, FDN has been deluged with a rash of cases where the borrowers were not provided with copies of their executed loan documents following closing and which they were provided with only after repeated demand and after a foreclosure issue arose. A disturbing pattern of conduct is emerging in these cases involving what appears to be the creation of fraudulent or altered loan documents with forged borrower initials and forged borrower signatures.

In several cases from California… Continue

Added by George Beckus on December 30, 2009 at 5:11pm — 2 Comments

Before You Walk Away, Tell Your Lender To Produce The Note!

Kathy Lovelace lost her job and was about to lose her house, too. But then she made a seemingly simple request of the bank: Show me the original mortgage paperwork.

And just like that, the foreclosure proceedings came to a standstill.

Lovelace and other homeowners around the country are managing to stave off foreclosure by employing a strategy that goes to the heart of the whole nationwide mess.

During the real estate frenzy of the past decade, mortgages were… Continue

Added by George Beckus on December 30, 2009 at 5:03pm — No Comments

Good Ole Barney!

Good thing there is plenty of beer in the fridge....

http://www.bloomberg.com/apps/news?pid=20601039&sid=a48c8UpUMxKQ

Added by Capt. Jack on December 30, 2009 at 2:05pm — 1 Comment

My work is finished for the day...

It started with a simple letter to my Rep in Congress, then Governor Christ, Attorney General McCollum, the County Manager, Clerk of Court, Circuit Court Administrator (am I forgetting anyone). This is not my first set of communication with these folks and sometimes I wonder whether or not I am really communicating this well enough for it to sink in. Then I think, maybe they are conditioned to believe that way because any change to the status quo may upset a few things (just a few). When you… Continue

Added by stopGOVTwaste on December 29, 2009 at 11:30pm — 5 Comments

Bonusus of mass destruction

Merry Christmas and praise GOD for his son!

This came from a female journalist and I forgot to copy it, so I am not the author.
Joy to the Banks (to the tune of Joy to the World)
Joy to the banks, the crash has come, the Feds reward their sins!
Foreclosure on each home, give bankers all the loans
and Goldman always wins, and Goldman always wins,
and Goldman, and Goldman, and Goldman wins.

Added by Paul on December 23, 2009 at 4:56pm — 1 Comment

federal reserve bank of new york staff reports- understanding the securitization of subprime mortgage credit

its a dry read, i am still working through it, very detailed. here is the link if anyone is interested. http://www.newyorkfed.org/research/staff_reports/sr318.pdf

Added by cc on December 23, 2009 at 12:17pm — 3 Comments

12/20/09 It's FORECLOSURE OF THE WEEK! A new, exciting, EXTREME Reality Show!

Welcome to the debut episode of a new and exciting reality game show!

This idea came about when I was reviewing this long list of properties up for auction, shaking my head in great disbelief over this weekly abomination in one county, in one state.

Contestants! Are you ready?

{Cue theme music from The Shining}

FORECLOSURE OF THE WEEK!

This ain't… Continue

Added by L on December 20, 2009 at 3:00pm — 11 Comments

Granted? Funding is hard to come by!

I've been sending this out to charitable foundations in hopes of a favorable response.

Hello.

Thank you very much for taking the time to read my email. I warmly welcome any and all suggestions, guidance, and advice.

I have become an accidental activist in this Foreclosure Catastrophe which has crushed the global economy and is the leading cause of numerous social and economic ills worldwide. The fact that now millions of American families have… Continue

Added by L on December 19, 2009 at 2:00pm — 1 Comment

EUREKA! DISCOVERY!

Eureka is an exclamation used as an interjection to celebrate a discovery. It comes from the Ancient Greek Εὕρηκα/Ηὕρηκα - Heurēka/Hēurēka meaning approximately "I have found it".

Source

Of course, I am not an attorney and this is not legal advice. In fact, I welcome input and suggestions from any attorneys who may stubble across this!

My first Discovery Request was similar to… Continue

Added by L on December 19, 2009 at 1:30pm — 1 Comment

The power of One!

Maybe I'm slow...but if you take a look at Neil's very powerful Youtube Video and click on "statistics" you can see where the "referrals" come from.

http://www.youtube.com/watch?v=nZ6lPaiKmwg

Not trying to brag here at all...that's not the point... but look what one person can do by participating in blogs on websites with links!

It works! I started TCPALM.COM…

Continue

Added by Capt. Jack on December 18, 2009 at 9:14pm — 6 Comments