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 Dave LeForge on Sunday: Our story is a prime example of what so many hard working Americans are facing from day to day. When President Obama addressed the people at the State of the Union address, he gave us a glimmer of hope for a better future. While addressing the State of the Union, he assured the American people he would hold wrong doers of the Real Estate/foreclosure crisis accountable and ensure for a level playing field.

Our story is a direct reflection of how manipulative, dishonest, and out and out ruthless the Big Banks, lawyers, and judicial system has become. They have infiltrated the very core of our Justice System, while leaving the hard working Americans to fend for themselves. When lawyers mislead, abuse, and manipulate the Federal courts, we know we are in a very unbalanced playing field, and when the courts buy into their lies we know as hard working Americans, there is no Justice what so ever. We can honestly make these accusations based on miserable first hand experiences. We have been forced to endure a sadistic emotional and financial roller coaster ride throughout our journey to reveal the truth of an unsubstantiated wrongful foreclosure. Our understanding of the Judiciary obligation to the people is quite different from what has happened to us. Our understanding of the Judiciary's obligation is to uphold and promote the independence, integrity, and Impartiality of the office, while avoiding impropriety and the appearance of impropriety. We have always believed the people have the right to be heard in order to allow for a level and fair playing field. Truth, Justice and The American way is literally becoming a myth. We the People are beginning to lose confidence in the very thing we hold so dear, and unclear to the intent of which instituted the pledge of allegiance; I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under god indivisible, with liberty and justice for all.

Where do the hard working, truthful American people turn for a fair fight?

Sincerely,

Dave LeForge

Comment by Northsider on January 25, 2012 at 7:01pm: Has Illinois sold out to the banks? Read this new Rule 23 ruling and you be the judge -> http://www.state.il.us/court/R23_Orders/AppellateCourt/2012/1stDist...

Can a lawyer please review and let me know the underlying meaning?

NS

Comment by Christian Meister on June 26, 2011 at 1:33am: Next horror story.

Apparently one gentlemen in Lee County did some research, stating that corporations have a hierarchy chart - well so do governmental agencies. So do the Lee County courts - on top you have Chief Judge Cary and then you have what's apparently called the court administrator - he is the one who runs the show (apparently, by job title) when this person (court administrator) was contacted, he was in denial stating that he didn't have the authority to do a certain thing because he has to listen to the judges' orders who in this case order people that they cannot have an evidentiary hearing for more than five minutes (for those who don't know this is a violation of your Constitutional right to face your accuser and obtain evidence - a violation I could not have imagined in my wildest dreams ....) - well, the truth of the matter is - as it is being told to me by a third party - this person - the court administrator's job it is to oversee the court's business and what goes on, including the violations in that court and it is this person's responsibility, but he shifts it by stating, in a letter, to the disgruntled homeowner that , in essence, it is not his job. So, we should subpoena his salary and benefit package to see if he is a low-level employee and what his responsibilities are. It was explained to me that this court administrator keeps his mouth shut, does what the judges want him to do so he can keep his job - it's dirty politics and back-scrubbing as usual. And this is an abomination of our rights. I puke shall we say....

Comment by Christian Meister on June 26, 2011 at 1:27am: Here is the Wall of Shame item I found out about:

In Lee County - I was told - the court reporters (hired by one homeowner) falsified the court transcript. This person told me that she had objected (used the word "I object") numerous times during a hearing. When she got the transcript, the words objection did nowhere appear. This homeowner also was told that it takes 13 days to get the transcript, apparently for the reason because the original transcript goes to the judge - he then crosses out what he thinks is incorrect (or does not like), sends it back to the court reporter, the court reporter then falsifies the transcript and gives it to the homeowner who at this time is dumbfounded and very angry! Are you listening to what is - on second-hand information - going on in Lee County?

we can deal with this item, too. See again

the county sheriffs' authority

http://www.meisterforsheriff.com/assets/docs-m4s/mack-11-0523-1737-...

Comment by L on February 20, 2011 at 8:44pm: Judges accused of 'predetermining' foreclosure cases http://t.co/5iRVaQx via @reviewjournal

Comment by L on November 29, 2010 at 1:58pm: How Courts Screw Over Homeowners http://www.rollingstone.com:80/politics/news/17390/232611

Comment by L on November 29, 2010 at 1:56pm: SHAME ON THE COURTS in Florida's newspapers!

http://www.heraldtribune.com/article/20101128/ARTICLE/11281042/2055...

http://jacksonville.com/business/real-estate/2010-11-12/story/jacks...

Comment by L on November 29, 2010 at 1:54pm: Judge op ed in the Miami Herald http://www.foreclosurehamlet.org/forum/topics/judge-kreeger-of-the-...

Comment by L on November 29, 2010 at 1:41pm: Does the Defense of Foreclosures by Lawyers Border on the Unethical? http://huff.to/hUfmMa via @huffingtonpost

Comment by L on November 16, 2010 at 12:00am: 4closureFraud: ACLU Calls On Florida Judges To Ensure State Foreclosure Court Proceedings Are Open To Public : http://wp.me/pFWnq-3J1