Foreclosure Hamlet

Supporting, Informing & Connecting People in Foreclosure

Walk of Shame for you, Miami Appeals Court Judge Alan Schwartz! TRUDGE ON SIR!

I will come back to edit & pretty up this post. (Note added 02/10: I never did edit this.)

In the meantime, I'm livid! He actually writes that "benevolence and compassion" have no place in the halls of justice?

Yeah, well, we are living that, Judge Schwartz! And with all due respect, let me tell you something, Sir..........it ain't pretty!

We wouldn't need "benevolence and compassion" if we hadn't been royally plundered in a fraudulent scheme to confiscate our wealth and our homes.

Sir, have you checked the public records lately? Perhaps a forensic document examiner has been court ordered to verify the authenticity of the documents submitted in the foreclosure case in question? Hmmmmmmmm, wonder what that expert would find?

Perhaps there would be no need for "benevolence and compassion" if the judiciary acted as a true custodian of justice instead of acting on the premise of "Stand back! Swab the decks and clear the dockets! Oh Ye Judges! Foreclose first; questions later (or never)"?


http://www.3dca.flcourts.org/Opinions/3D09-2405.pdf



http://www.3dca.flcourts.org/Judges/11-Schwartz.shtml

305-229-3200

When is this judge up for retention election for his six year term renewal? Get the word out Miamians!


_______________________________________________________________

For further research

Circuit Court Case Info.

Miami Dade County Clerk (to search for the docket)

REPUBLIC FED BANK (NA) vs DOYLE, JOSEPH M


Case Number (LOCAL): 2008-7159-CA-01 Dockets Retrieved: 80 Filing Date: 02/11/2008

Case Number (STATE): 13-2008-CA-007159-0000-01 Judicial Section: 09

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Comment by L on February 4, 2010 at 6:07am
Comment by Alina on February 2, 2010 at 12:17pm
Citigroup v. Bowling.pdf

someone should send this to Judge Schwartz. also this one:
Deutsche Bank v. McRae.pdf
Comment by Alina on February 2, 2010 at 11:08am
here is the MERS v. Revorado decisionMERS v. Oscar Revoredo - 3rd DCA.pdf
Comment by Alina on February 2, 2010 at 10:50am
J# - wonderful idea.

btw, Schwartz is the judge in one of the MERS decicsions in Florida (MERS v. Reverado). Here is the famous line from his decision, "Because, however, it is apparent – and we so hold – that no substantive rights, obligations or defenses are affected by the use of the MERS device, there is no reason why mere form should overcome the salutary substance of permitting the use of this commercially effective means of business."

MERS has used this language on their website.

Wonder how much money MERS has pumped into Schwartz's campaign...hmmmmm.

Closer scrutiny of the relationship between MERS and Schwartz is needed.
Comment by L on February 2, 2010 at 7:34am
Now, there was a case around here somewhere in The Hamlet where a Florida court determined that the foreclosure could not be granted because the Plaintiff did not adequately prove their right to foreclose in a case which was NONCONTESTED!

If anyone can find that post and put the info here that would be great!
Comment by ALLAN on November 23, 2009 at 12:21am
Right on, Lisa!

What do they call "benevolence and compassion" when applied to faceless corporations? Deference?

Let's be sure to highlight the other side of the coin as well, whenever that might happen.

Allan (not da judge)
Comment by J# on November 18, 2009 at 2:26pm
Lisa,
I've been thinking about herding cats, or in this case dead beat homeowners like myself. Here are my thoughts: my big button is Justice. I want to see someone go to Jail. There are many candidates but given a lack of resources we should pick one. My suggestion would be one of the document signers. There they sit knowing the fraud they are committing or have committed, just signing away!

I would like to start a fund to hire a great prosecutor who could take at least one of these people to criminal court. I have a $1,000 to start things off. I know the people who are in this fight have little money but even a little money if everyone gives something could get the job done. The question is when you look back on this time and you ask yourself "what did I do to make things right?", it will be an awful feeling if the answer is nothing.

Since we do not seem to be getting much justice in civil court, I think if we filed a criminal suit it would immediately be a game changer. Imagine the hand wringing in the board rooms.

Where reason does not work force usually does!

I am going to post this on Livinglies and other sites but wanted to run it by you and the others here to gather input and support before doing so.

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