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Judge Sasser Motion to Dismiss Hearing Tomorrow

Wish me luck. Tomorrow I get me 5 minutes in front of Judge Sasser to argue my motion to dismiss. I'll be arguing, lack of capacity, lack of standing and fraud on the court.

The fraud on the court is interesting because they have filed at least 3 false on the face affidavits. One the document was notarized a year before it was created (oops). Another is a motion for default where a lawyer for fdlg states that they "hereby certify": that no answer or filing of any kind has been made in this case. I had filed my original MTD a year before.

I'm not sure why fdlg insist on filing bogus paperwork. It will be interesting to see if the judge cares or if it "business as usual".

I'll post the result tomorrow. As always, I encourage comments.

Thanks, Bill

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Comment by L on July 22, 2010 at 2:13am: The OCC explains how national banks can not skirt around state laws in many instances. http://ning.it/aZPWQ8

Comment by Bill on July 17, 2010 at 9:59am: L, dormanmom, alina, thanks for the ideas and kind words.

Now that I actually have to answer I have been in contact with a lawyer, met on the livinglies web site, that is helping me by telling me which defenses to raise. Between web sites and the courthouse I should be okay.

Have a great day. Bill

Comment by L on July 17, 2010 at 12:38am: I'm glad you got through this hearing and lived to tell us about it. The ANSWER to a lawsuit is extremely important. If you don't raise certain defenses, you waive them.

This is the point that many need to turn to a lawyer. If that's not possible for you, go to the courthouse and spend several days reading the best attorneys' Answers so you learn from the best.

Good luck to you as you continue to defend your home.

Comment by dormanmom on July 16, 2010 at 10:38pm: Well, you did great just standing up for yourself, so many don't or just can't take the stress. Sounds like it was a good learning experience. Go and observe again and again. You will learn so much doing that.

Comment by Alina on July 16, 2010 at 6:23pm: Standing v Capacity.doc

Bill,

I am attaching a memo a friend of mine put together for me explaining capacity v. standing. It is extremely helpful.

Comment by Bill on July 16, 2010 at 11:50am: Motion to Dismiss denied. Answer due in 30 days. Since the MTD was filed in Dec 07 - it worked pretty good to stall

I found Judge Sasser polite & helpful. I didnt do a good job of explaining capacity or standing issues so I have to do more reading for the next time. The Judge told me that any problems with affidavits might me better brought up in a MOtion to Strike - which she would entertain.

Outside the courtroom was a zoo as there must have 100 people there on different motions.

FYI, JUdge Sasser did dismiss a case that was filed after the new ruling that was unverified. Also there was a lawyer that plead a MTD because of no endorsement on the note. The JUdge did not dismiss the case but did order the bank to show how it has the note within 30 days. The attorney told me that after 30 he'll file a motion to compel. And at that hearing be more forceful. Apparently Judge Sasser is reluctant to dismiss without giving the bank an opportunity.

Comment by L on July 15, 2010 at 10:30pm: Bill.....how'd it go?

Comment by Bill on July 14, 2010 at 12:41pm: L - Thanks for the tip. How much does a court reporter cost. Also the hearing is in Chambers - would a reporter be allowed. Thanks for all that you do.

Comment by L on July 14, 2010 at 12:41pm: Just a note of what I've observed. The only dismissals I have seen are if there is no copy of any note whatsoever attached to the complaint, and even then 20 days are given to the mill to fabricate whatever documentation is required.

IF YOU HAVE A FDLG complaint, see the and/or on item number 4. I saw an attorney SUCCESSFULLY have a case dismissed (with the 30 days to the mill to fix the problem) that the and/or issue requires a "more definite statement". I'm sure that this will be fixed but the amended complaint could be argued as required to include a verification.

I also see a lot of attorneys get the denial of all sigs on the record, the sigs on the affidavits, the assignment(s) and also the endorsement. Do a google search for this for the applicable Florida statutes. As I said, I'm not an attorney, but I've observed these proceedings for over a year and am passing along what I've seen.

Comment by L on July 14, 2010 at 12:34pm: Good luck to you Bill. Do you have a court reporter? IF not call Mitch at Consor & Associates on Palm Beach Lake Blvd in West Palm Beach.