There Oughta Be A Law (or Several)

Dear Florida State Politicians,

First let's get this out of the way post-haste as this should go without saying, but to be crystal clear: sponsor, support, and/or vote for the Florida Bankers Association Bill of Flagrant Self-Interest at your political peril.

Here are some basic items to be considered as additions to any foreclosure legislation to be introduced in the spring 2010 session to benefit the citizens of Florida during this terrible Foreclosure Crisis. Please
forgive my boldness in offering suggestions to the Senators and Congresswomen/men of the Florida legislature. Perhaps I
may appear less bothersome by reiterating that my motives are pure and
based upon a compelling, impossible to ignore moral imperative (to make
a positive impact on behalf of all Americans facing potential
homelessness based on illegal foreclosures).

Senator Aronberg especially is a a beacon of hope. Senator Aronberg has been a long time crusader against land record fraud, as evidenced by his efforts in 2005 regarding deed fraud in Florida’s southwest coast (2005 Mortgage Fraud Assessment,page 15, paragraph 2).

Senator, I speak directly to you who chose the moniker of “The People’s Attorney”. You have the opportunity to intervene on behalf of millions of desperate Floridians, many of whom are unemployed, facing foreclosures without either alternative housing options or a
safety net of savings.

Attention must be paid with an unflinching look at the rotten stench that festers after the giant Wall Street Leviathan took our homes and wealth into
it's cavernous maw, leaving in its wake the rotting carcasses of
American families. Financially drained, potentially
homeless, and bereft are these families who were once housed, stable,
healthy, and consisted of productive citizens of our county. The
following contains my suggestions for a multi-pronged state legislative
approach to halting hundreds of thousands of illegal foreclosures of
Floridian family homes by undamaged financial institutions.

1. Eliminate by statute, Florida’s status as a “deficiency state”. Despite the fact that HAFA will in theory eliminate deficiency judgments, I remain
skeptical of its reach based on the anemic results of HAMP. (Home Affordable Foreclosure Alternatives, a HAMP addendum for those who don’t qualify for HAMP. http://tinyurl.com/HAFAprogram).

2. Direct by legislative order, a forensic records study to be done by OPPAGA, a review and analysis of official land records in the county clerks' offices around the state. Deeds, Titles, and Mortgage Assignments are
now created in foreclosure mill or mortgage servicer "art departments"
in order to smoothly and efficiently process foreclosures through the
system. The study could look for:

§ Signers who have no authority to transfer assets or property signing as "Vice Presidents" of both the assignor and the assignee.

§ Documents signed in one state by alleged corporate representatives based in companies in other states, processed by title companies based in a
third state.

§ Documents signed with signatures which do not match other public record documents containing signatures by supposedly the same person.

§ One person who signs hundreds of documents under many different corporate entities and many different job titles.

§ Assignment of Mortgage filed months after the initiation of a foreclosure action.

§ The inherent conflict of interest exhibited by persons signing as representatives for the assignor, when that person also represents, by
dubious “corporate resolutions” the assignee. In effect,
the signor with supposed authority to transfer assets is playing both
sides of the fence, essentially acting as a representative for the
assignor, transferring property from the loan originator (or MERS as a
nominee of the originator) to his/her employer. New
York Judges have ruled that this act committed by these dual employees
is one of fraud and malfeasance, which would be considered a state
felony if Florida prosecutors agree and a federal offense due to the
use of the US Mail to deliver fraudulently executed mortgage
assignments by the millions.

o See Too Many Jobs (Szymonaik, 2010) http://ning.it/bYeUNB ( and also An Officer of Too Many Banks (Szymonaik, 2010) http://tinyurl.com/AssignmentFraud

o See Foreclosure Fraud Guide to Looking Up Public Records regarding assignments with included examples pulled directly from Florida online public recordshttp://4closurefraud.wordpress.com/

o See study of foreclosure cases Haste Makes Waste Foreclosure (Kessler et al, 2009) in Sarasota County. (For easier viewing increase size of opened document to 100%. http://tinyurl.com/SarasotaStudy

o See Bogus Mortgage Assignments all over the entire U.S.A here (http://tinyurl.com/BlackDeeds) and here (http://tinyurl.com/BogusUSA).

3. Direct by legislative order, a forensic records study to be done by OPPAGA, a review and analysis of a random sampling around the state of Foreclosing entities (Plaintiffs) which:

4. Legislative attention paid to FL Statute § 817.545 Subsections (2d) and (5a & 5b) of this Statute provide for felony indictments and subsequent convictions if a person 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. Investigation into the tax evasion that has allowed millions of land/property transfers by foreign corporations without collection of registration
fees or documentary stamp taxes. As unregistered, unchartered,
unregulated companies created billions of dollars in illegal profits
(undisclosed and unreported to the State, but reported to Federal
Agencies) from “mortgage” transactions in which millions of Floridians
were defrauded and the State was cheated.

Mortgage Electronic Registration Systems was invented by the financial services industry as an illegal scheme to avoid recording changes in ownership
of the mortgage rights, changes in Trustees, assignments etc. Florida
law requires any interest in real estate to be recorded.
The reason for the recording requirement, besides revenue, is simple —
it is the only way to keep track of who owns which property. MERS
(currently banned in the State of California and under attack in at
least 2 dozen other states) is a cloak which the financial services
industry is using to avoid paying the taxes, stamps and fees on each
step of the securitization process, plus a way to obfuscate the real
ownership and to essentially choose later who will be designated to be
the “owner” of the mortgage rights. MERS no longer allows foreclosures
to be brought in its name in Florida based on the legal obstacles which
it faced, yet the illegal activities of this entity continue in other
areas (tax evasion, property transfer) unabated in our state.

6. Legislative Order for a retrospective statewide study of granted foreclosure cases, both contested and uncontested to examine the evidence provided to
determine if the foreclosing entity provided any evidence whatsoever
attesting to their right to foreclosure on the property. Other areas of interest might include:

· A review by legal experts of the competence of any submitted evidence, including the competence of submitted affidavits on behalf of
Plaintiff’s counsel.

· Input from forensic document examiners to attest to the veracity and authenticity of the documents provided to the court.

· Check if legally correct Mortgage Assignment was filed with the clerk of the court naming Plaintiff as the assignee. If an obviously fraudulent Mortgage Assignment was filed, consideration to the possibility that it might considered a felonious act under FL
Statute § 817.545 and FL Statute § 831 sections 01, 02, and 06.

· Check if documentary stamps were paid per FL Statute § 201

· Post foreclosure sale review of the online property tax records to see property values over the past 10 years, who purchased the property at
the foreclosure sale and to whom or what entity it was then sold. In
addition, a review of the title document in the official records
enumerating the details (Title agent, seller, place document was
notarized, signed by representatives of which financial institution) of the post-foreclosure sale to a new buyer. Many of these post-foreclosure sales have titles of dubious integrity.

7. Require by state statute that judicial signatures on foreclosure actions be handwritten. The current use of stamped signatures leaves much room for continued signature fraud in foreclosure actions.

I am deeply honored and grateful to be offered the opportunity to submit my comments during the conception phase of state foreclosure
legislation.

References:

4. More on Defective Affidavits (with NY Case Law); An Officer of Too Many Banks (Szymonaik, 2010) http://ning.it/6fk0lA

Sincerely,