Supporting, Informing & Connecting People in Foreclosure

Wall Of Shame: Eye On The Judiciary

The title says it all (except for we are updating this to also include public officials in other branches of government).

Folks, it ain't gonna be pretty in here. Florida’s Kangaroo Foreclosure Courts: Judges Denying Due Process on Behalf of Banks http://t.co/pDhNXrU

Many of those elected to be put up for display on the Wall Of Shame were elected by The People to their position as a public servant. That's not working out too well!

Who is voted in, may also be voted out. Civic action and responsibility in action Folks.

April Charney's open letter to attorneys who aren’t PSA literate but show up in court to protect their client’s homes. http://ning.it/9pNlyU

Back in November 2009, I suppose this idea was germinating in my mind when I posted about our lovely Florida Judge Alan Schwartz from the Third District of Appeal, Miami.

The Court's website shows him leaving the bench in 2004 (scroll down this linked page to find our antagonist), but obviously his career ghost came out of retirement to punish the living.

I simply can't bear to type out this judge's offenses all over again, so the links will have to suffice.

YIKES!

Lee County FL – Clerk of Court Charlie Green, “There Should be a Way to Foreclose Quickly Against Deadbeat s Who are Destroying Neighborhoods”.

Lee County, Florida: HOME OF THE Rocket Docket! What else is a poor court system to do in order to handle one of the highest foreclosure rates in the nation?

Lee County, Florida judicial system's motto? "Welcome to Florida's 20th judicial circuit: Where we jettison your Constitutional Rights into the stratosphere!"

Question of the day: How did some small county Clerk of Court get to be so "out there"? Wonder who funded his campaign? Wonder when he's up for re-election? This guy is a walking tape recorder spewing garbage about we "deadbeats who are destroying neighborhoods by neglecting or abandoning their homes."

Now see, Mr. Green, that sentiment kind of irks me. See, I've been sorta terrorized by my mortgage servicer. I'm not so keen about living in a tent park with my young child, so see, I mean no disrespect Sir but I am totally confused! See, the Federal Office of the Comptroller of the Currency...........Sir, have you heard of them? Well, Sir, after a year of a heap o' troubles with my mortgage servicer, I filed a complaint with the OCC. AND SIR! SIR! Guess what Sir! They tell me that BankA owns my "loan" but I've been trying to work something out with BankB all this time! AND SIR! SIR! WAIT! I'm not done! See, Sir, that BankA who owns my "loan"? They aren't suing me in foreclosure court! SIR, it's very very confusing because now BankC is trying to foreclose on my home! Sir, I actually am lucky to have a job in this economy, and Sir, I want to pay for housing! But Sir, no one, and I mean NO ONE can or will tell me who exactly who to pay!

And, FURTHERMORE, Mr Green, since you ARE THE CLERK OF THE COURT afterall Sir, have you check my mortgage assignment in the official county court records? I hope so Sir because I've been writing you lots of letters notifying you of the pervasive frauds in almost every single mortgage assignment since 2001!

WAIT! WAIT! SIR, I forgot one important thing! OH SIR! Where is my mind? See, Sir, have you happened to examine the post foreclosure sale deed that is filed when that REO property moves from the foreclosing bank into the hands of the new owner? BUT SIR, WHY THE HECK NOT? There's something really fishy going on! SIR! Aren't you elected by The People of Lee County to be a public trustee, safeguarding the integrity of the public records? OH MY GOODNESS, SIR! OH BOY! Do you have your work cut out for you, Sir! See here's an example. (This example was not pulled from the official records in your squeaky clean county, but maybe one or two other "grossly inaccurate" property deeds and/or mortgage assignments slipped by your watchful eyes..............

EMC Mortgage Corporation "as attorney in fact for", which I *think* is a mortage servicer company, executes the new Deed to the new owner.

EMC, a Delaware Corporation per their corporate seal, executed this document in Dalton, Texas. The document was prepared by Sunbelt Title Agency in Clearwater, Florida. The deed is for a property in Boca Raton, Florida. The Plaintiff is a New York entity and was represented on this deed by a Vice President, Terence Free, who apparently flew to Texas to execute this document. I mean, it sounds awfully messed up, but it's gotta be clean because......well, we all know that it's a 2nd degree felony to fool around with recorded mortgages.

817.545 Mortgage fraud.–

(2) (d) Files or causes to be filed with the clerk of the circuit court for any county of this state a document involved in the mortgage lending process which contains a material misstatement, misrepresentation, or omission.

(5)(a) Any person who violates subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any person who violates subsection (2), and the loan value stated on documents used in the mortgage lending process exceeds $100,000, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

And Sir, while you're at it: I wonder how EMC transmitted the $142,000 in funds from the new buyer to the Plaintiff (seeing as how the Plaintiff was represented in a state court of law in front of a judge to be the holder in due course and due the proceeds from any foreclosure action)?

.............For more examples scroll down to these assignments of mortgage filed all
over Florida ...........OH NO, SIR! I just realized that FOUR of these were filed in your own Lee County official records! Sir, BOGUS assignments and by a BAD BENEFICIARY?
I wonder who is the irresponsible deadbeat ruining our community now,
Sir? I mean, These BOGUS mortgage assignments led to four foreclosures
in your town. Let's all stop a minute an wonder how those four families
are faring post-foreclosure. Go ahead, Sir! Try that self-righteousness
on for size.)

e-mail the Clerk of Courts' Office at: LeeClerk_Info@leeclerk.org.

LivingLies Post Nov 2009 Some stories don’t end well in this battl...

Judge J. Rogers Padgett, ‘”I have 80 foreclosure cases on Thursday, my 19 yr old son can do ...

I'm sure he'd appreciate hearing such sentiments on the verge of sure homelessness.

What a gem this Judge is! Guess law abiding citizens get harsher treatment than sex offenders and negligent drivers who "mow people down".

And even the organization, Human Rights Watch, has an ethical bone to pick with Judge Padgett.

Ah, the vaunted halls of justice, if only your walls could talk!

Maybe someone can find his contact info, reelection info? I looked briefly at the Judicial Directory here, but ran out of time.

Let's keep this going!

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Comment by stopGOVTwaste on March 9, 2010 at 9:47am: Subject: RE: Audit_Lee Clerk's Public Records
Date: Mon, 8 Mar 2010 13:19:31 -0500
From: OWEND@leegov.com
To: stop_govt_waste@hotmail.com

Sir;

Mr. Owen has a meeting this afternoon that will last the balance of the day. I will be sure he sees your e-mails to Mr. Green as soon as he returns.

Thank you.

Debra L. Murphy

Legal Executive Assistant to….

David M. Owen

Lee County Attorney

2115 Second Street, 6th Floor

Post Office Box 398

Fort Myers, Florida 33902-0398

(239) 533-2236 (telephone)

(239) 485-2118 (fax)

owend@leegov.com

From: John Q Public [mailto:stop_govt_waste@hotmail.com]
Sent: Monday, March 08, 2010 12:16 PM
To: Owen, David
Cc: cgreen@leeclerk.org; Hawes, Karen; mmiller@leeclerk.org
Subject: FW: Audit_Lee Clerk's Public Records

Mr. Owen,

In regards to the non-response of Mr. Green regarding an audit of the documents on record in Lee County Florida, how do we begin the process? Please reply when time permits. Many thanks!

From: stop_govt_waste@hotmail.com
To: cgreen@leeclerk.org
CC: owend@leegov.com; haweskb@leegov.com; mmiller@leeclerk.org
Subject: FW: Audit_Lee Clerk's Public Records
Date: Mon, 8 Mar 2010 11:49:08 -0500

Mr. Green,

I will assume your non-response means ZERO! How do we begin the audit process?

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

*Responding to Alex Sanchez's guest column entitled Time for NonCourt Foreclosures.

As President and CEO of The Florida Bankers Association, he is pitching their legislative goal of dramatically speeding up the foreclosure process by circumventing the due process rights afforded Floridians by Constitution of the State of Florida, Section II. Their tactical approach of introducing phased legislation has begun with Senator Michael Bennett’s Non-Judicial Foreclosure Act for Non-Homesteaded Properties, to be followed by another bill with stronger language, to incorporate the properties which fall outside of this NonHomestead Act.

On 09/30/09, Mr. Alex Sanchez, in a comment to the Florida Supreme Court, praised our current judicial system, stating that Florida bankers believed the court system “provides better substantive protection against unauthorized foreclosure suits” because “the courts have ample authority to sanction lawyers and lenders asserting improper foreclosure claims.”

Mr. Sanchez, why the change of heart? (See: http://tinyurl.com/FBA93009)

So we ask the following:

* Do we allow Bankers to smother the judicial branch?
* Do we allow them to Disrespect the serious efforts by the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in foreclosure?
* Do we allow them to cost shift the $1,900 foreclosure lawsuit filing fee from the foreclosing entity to financially stressed, perhaps newly unemployed Floridian families?
* Do we allow them to transfer the burden of proof in a foreclosure action from the foreclosing bank which has great difficulty producing authentic, genuine evidence showing its right to foreclose, to the homeowner who has survival worries?
* Do we allow them to banish pro se litigants and clients of foreclosure defense attorneys from the halls of justice, allowing entry to only those who have the funds to pay the “cover charge”?
* Do we allow the the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property titles?
* Do we trust the professed motives of the same bankers who charge egregious credit card interest rates, overdraft and late fees, place holds on deposits, and reward themselves with billions in bonuses while crushing their customers under the weight of usurious loans?
* Do we allow them to eradicate the right of due process granted by the Florida Constitution?

The Bankers’ creativity with mortgage backed financial products has taken our jobs, our savings, our 401Ks, our education funds, our public safety nets, the equity in our property, our municipality revenue source, our access to credit, and our credit scores. Florida being a deficiency state, we may lose our home to foreclosure and end up with a garnished paycheck for the deficiency as well.

Now that we have almost nothing left, will we also abdicate to these Florida Bankers our Constitutional rights? We are urging all Floridians to voice to their Florida legislators their outrage over this proposed legislation.

Election season is coming up... We are watching!
*FORECLOSUREHAMLET.ORG

From: stop_govt_waste@hotmail.com
To: cgreen@leeclerk.org
CC: owend@leegov.com; haweskb@leegov.com; mmiller@leeclerk.org
Subject: RE: Audit_Lee Clerk's Public Records
Date: Mon, 8 Mar 2010 11:37:12 -0500

Sir,

Can you please (will you please) just answer my question? How many of these fake/fraudulent documents have you found, any?

Subject: RE: Audit_Lee Clerk's Public Records
Date: Mon, 8 Mar 2010 11:31:47 -0500
From: CGreen@leeclerk.org
To: stop_govt_waste@hotmail.com

Are you coming to the office tomorrow or not?

From: John Q Public [mailto:stop_govt_waste@hotmail.com]
Sent: Monday, March 08, 2010 11:30 AM
To: Charlie Green
Cc: David Owen; Karen Hawes; Meredith Miller
Subject: RE: Audit_Lee Clerk's Public Records

Sir,

Just for the record, how many errors in recording these FAKE assignments have you come across thus far?

Subject: RE: Audit_Lee Clerk's Public Records
Date: Mon, 8 Mar 2010 11:14:30 -0500
From: CGreen@leeclerk.org
To: stop_govt_waste@hotmail.com

My office is always open to John Q. Public. How about tomorrow morning at 9:00am?

From: John Q Public [mailto:stop_govt_waste@hotmail.com]
Sent: Monday, March 08, 2010 11:05 AM
To: Charlie Green
Cc: David Owen; Karen Hawes; Meredith Miller
Subject: FW: Audit_Lee Clerk's Public Records

Mr. Green,

From the article;

http://www.news-press.com/article/20100131/FORECLOSURE/1310387/1014...

Your comment;

... "there should be a way to foreclose quickly against deadbeats who are destroying neighborhoods"

Truly saddening!

From: stop_govt_waste@hotmail.com
To: cgreen@leeclerk.org
CC: owend@leegov.com; haweskb@leegov.com; mmiller@leeclerk.org
Subject: Audit_Lee Clerk's Public Records
Date: Mon, 8 Mar 2010 10:56:29 -0500

Mr. Green,

Good morning! I am writing to see if I may set a time to speak with you over the phone or meet with you in person regarding obtaining clear, insurable title to a home in Lee County?

Recently it has been discovered that many law firms for some of the nation's largest lending institutions are filing false and fabricated documents EN MASSE' right there in LEE County PUBLIC RECORD by the thousands using mail and electronic deliver methods.

This means that Judges will NOT be able to fairly and accurately rule on cases because the EVIDENCE they are using is being tampered with. In addition, men, women & children are being rendered homeless (thousands I am quite sure) while their homes sit empty with TOXIC TITLE'S. What is your office doing to ensure the accuracy and completeness of such filings? See examples here;

http://mattweidnerlaw.com/blog/2010/02/widespread-assignmentnotaryf...

http://mattweidnerlaw.com/blog/2010/03/deposition-of-a-robo-signer-...

http://4closurefraud.org/2010/03/07/full-deposition-of-angela-nolan...

Bogus foreclosure claim not isolated http://www.heraldtribune.com/article/20100223/COLUMNIST/2231020/-1/...

I'm sure you are plenty busy and certainly must have your hands full at present, but I am curious to know how many (if any) errors your office has discovered regarding some of these fraudulent assignments & discharges of record?

Usually there will be NO address of the original lender, NO corporate seal, and many times the recorded doc will have a notary somewhere out in TX or other state. Things that can easily be caught in advance (from your staff) prior to recording.

The tutorial below should help you and your staff members recognize what to look for;
http://4closurefraud.org

This is in addition to "non-lending" agencies like MERS (who is not a lender in any of the 50 states) recording DOM's AFTER THEY HAVE ASSIGNED THEIR "SUPPOSED" interest to someone else. Is your department following up on some of these issues? What needs to happen in order to begin the process conducting an audit of the quality of recordings your office takes in?

Many of your citizens would certainly have not dealt with any lender if they knew (in advance) that their signature, credit & collateral was going to be used to commit fraud against third party investors (see http://livinglies.wordpress.com/2009/12/30/federal-reserve-the-hold...).

The attached FDLE report entitled "Mortgage Fraud Assessment" states that even a cursory look at the recorded docs being put on record would no doubt evidence fraud. It goes further to say that the Court should give notice that filing false and fabricated documents is fraud per FL statute.

Please reply with the best time I am able to reach you. Thanks for your interest in ensuring the accuracy of your recordings, the accuracy of Court exhibits and putting an end to the unjust treatment of citizens in your county, I greatly appreciate it!

Thank you very much and I look forward to hearing from you!

Best regards,

John Q. Public
stopGOVTwaste

PS - more evidence of fraud can be found here;

http://www.prweb.com/releases/2010/01/prweb3442324.htm

http://livinglies.wordpress.com/2010/03/02/new-york-judges-slam-bau...

http://livinglies.wordpress.com/2009/12/30/federal-reserve-the-hold...

http://www.foreclosurehamlet.org/forum/topics/fdle-2005-mortgage-fraud

http://mattweidnerlaw.com/blog/2010/03/assignments-of-mortgage-and-...

http://mattweidnerlaw.com/blog/2010/02/judges-order-cancelling-fore...

http://mattweidnerlaw.com/blog/2010/02/mortgage-foreclosures-are-as...

http://mattweidnerlaw.com/blog/2010/02/a-brilliant-judicial-decisio...

http://mattweidnerlaw.com/blog/2010/02/bogus-foreclosure-the-press-...

Comment by stopGOVTwaste on March 8, 2010 at 8:39am: I've sent Bill McCollum a series of requests as well.... I GOT NOTHING FROM HIM TOO!!!

Comment by L on March 6, 2010 at 3:21pm: Judges Jailing to Avert Free Speech?

"My Dad Tried to Right a Wrong, Now He's Behind Bars Unjustly"

Comment by L on March 1, 2010 at 3:25am: Lugie asks, "Whats the Freaking Florida "Attorney General" Bill McCollum doing to help Floridians ???"

Well, maybe he's a little preoccupied with running for Governor?

Comment by L on February 28, 2010 at 2:12am: As a follow up to the comment I posted on Feb 17th (see below); here's more info on that story re: Circuit Judge Hugh Carithers in Jacksonville, Florida & the recusal order the 1st DCA politely asked him to enter.

Comment by L on February 25, 2010 at 8:32pm: As reported in The Monitor published in Elsa, Texas; Municipal Judge Hilda Caceres Faces Char...

Comment by L on February 19, 2010 at 7:51pm: Judges in Pinellas County FL Have Begun to Deny Defendant’s Motions To Dismiss Without Hearing – A Stunning Denial of a Homeowner’s Fundamental Rights!

Comment by L on February 17, 2010 at 3:03pm: 1st DCA Florida grants petition to recuse a judge in a case where the pro se defendant moved to disqualify the judge based on the judge's bias towards "a lender" who apparently (unconfirmed) gave the judge a preferential interest rate.

Comment by L on February 15, 2010 at 5:54am: Hmmmmmmmmmmmmmmmmm.

Thinking......

Thinking......

Cameras in Florida Courts: "Little harm, great benefit producing judicial transparancy" The Florida Supreme Court http://ning.it/8YiNi0