Wednesday, December 04, 2013
So I was up at 5:30 a.m. all wired and nerve frayed but yet striving to be calm over the BIG event in front of us today. The Summary Judgement hearing on the 'save our home' fight in front of the big enchilada...that being a retired judge that FL has brought back to 'rocket docket' people out of their homes in 5 minutes or less.
Our attorney had told us that they had requested at least 3-4 hours for arguments. I wanted to make sure I had all of my corruption ducks in a row (all of the proven fraudulent cooked up bogus docs) so was up at the crack of dawn organizing papers.
I could have slept in. What a fiasco our court system is. There is NO justice only the meting out of getting people 'off the court docket'. That is Lee County's idea of justice. It doesn't matter if your case is solid or not...it's all about getting you OFF the docket. The court system is so broken I don't know who could ever believe in it after what I experienced today.
The courtroom was wall to wall people. EVERYWHERE...mostly lawyers of course. A few homeowners could easily be spotted as they stuck out clearly in the crowd with their 'deer in the headlights' look of shock and fear etched across their faces. I was right there with them...and what a sorrowful sight to observe.
We haven't been encouraged by our attorneys about going into the court room. Why...I guess the lawyers think that the Judge will attack you and call you out for being some homeowner slacker who is sucking the entire system dry by not paying up an impossible balance that the banks have ripped, robbed, and plundered on the economy sucking it so dry it would make any self appreciating pirate blush. In my research today I pulled out a statement taken off of OcWen's website of our balance in July. Luckily I printed it out. When I compared it to the latest bogus payoff letter they have recently sent it was over $125,000 MORE...this is a FOUR month timeframe....4 months! It's reprehensible and totally unbelievable that they can get away with this corruption!
But today I insisted in going into the court room...I wanted to see and hear first hand what went on during these rocket docket hearings I've hear so much about. It is shocking. It is a circus full of clowns and there is no smithering of justice that occurs in those chambers.
It's definitely 'the haves' versus the 'have nots'. You've been through enough of my blogs to know that we most certainly are NOT slackers, and we most certainly are NOT system suckers...we did everything in our power to work out something with the bank and jumped through every frickin' flaming hoop they held out in front of us. Then we paid them the amount they told us to pay for a modified payment for NINE months believing them when they said NEXT month you'll finally be on a permanent new payment plan.
Well guess what sparklers...don't EVER NEVER EVER trust a bank again. They lie, then they cheat, then they cook up fraudulent documents ANYTHING they need to steal your home and if they want it...the courts bend over backward to make sure they get it.
The lawyer that represented us today was a different one from the firm we so admire. That made me nervous also. I thought why are they sending someone in on the MOST important meeting of all time to plead our case? Does he even KNOW our case? But they are so short staffed that our normal guy was covering another case over on the East Coast.
But then this new lawyer tells me we have 5 minutes on the docket. WHAT...5 minutes isn't enough to say Hello Judge...this whole system SUCKS! Of course you are all QUITE happy that I'm not a lawyer by now aren't you?
So here's the deal...all of this hassle and tiring fight just to have the bank's attorney go before the bench to say that they can't produce the note (it is a well known fact that you have to produce the original note to take away someone's homesteaded house..even in the La~LA land of FL)
The bank's lawyer stands up in front of the Judge and says...Your Honor sir, I'm very sorry to have to ask for a continuance but the Clerk of Court LOST the note that we filed with her. Now wouldn't you think the Judge might take exception to this...I mean this is one of the Court's OWN...and most of the clerk of Courts I know are pretty darn efficient with handling key documents that have to go before a judge.
AND we later find out from our attorney that the Clerk of Court who was also in the courtroom said that they DID not lose the note as the bank's attorney lied to the judge...the note that they received was NOT an original copy. Score one for an honest clerk of court..although I would have insisted on viewing it myself.
So the Judge says...yes, granted and when you find the note you will be bringing this case to trial won't you?
Oh yes sir, yes sir the bank's attorney stutters all over himself.
Our attorney accepted this. I'm not sure why...it seems he would have contested it saying Your Honor...this bank has claimed a lost note, rescinded their lost note filing , then they filed they FOUND the note...but now at this FINAL hour...ooops they've lost the note again. Why are you letting this stand? I mean even in baseball...three strikes and you are OUT.
But nope...nary a word. I'm a little puzzled about this...but he seems to think they can build more evidence into our case and that this crazy dog and pony show that happened today is just another reason to make an appeal.
Unfortunately...I've done quite a bit of research and appeals are pretty darn hard to win...even for the best of reasons. For some crazy reason higher courts don't like to overturn lower court decisions...even the ones made by total morons!
I think I read something that says the lower courts butcher the bodies, the middle court bayonets the wounded, and the supreme court counts the dead. Hummmm now that paints a rosy picture doesn't it?
So...we have a continuance for the bank...always ANYTHING for the blasted banks. If we would have been the one's to show up empty handed...we be out checking the want ads for a place to rent tonight.
I've got to tell you my buddies...America is disappointing me...I think Canada is looking more and more appealing. Even with that crazy crack smoking mayor of Toronto...at least he tells the truth about stuff!
So after all of this...the big group that we belong to knows nothing about today...nor do they care about today...so it's better that they know nothing. I'd just be pissed off at them too for being so lackadaisical about the whole thing.
I get two phone calls about the bloody list that I put into action for sharing the responsibilities of the hostessing duties. You'd think just because I typed up the list that I am now their personal secretary and go to complaint department.
"Well Bobbi...we haven't heard from Erin and she is supposed to be the hostess next Saturday and here it is Wednesday and we haven't HEARD from her yet!"
Like I'm supposed to hunt her down on her cruise and say..."HEY get to it Erin...a few of the girls have their panties in a wad because you haven't yet e-mailed them about what the bloody heck is going on Saturday night!"
Holy cow...don't kill the messenger...I've had it with these neurotic women...let them have their own dine in's...or out's and just take US off the list! I said..."Well you DO know Erin is on a cruise and SHE is the one that selected that date. I only typed out the list according to the information I was given...maybe you should be contacting HER and not me.
Okay...so now she's miffed.
Ask me if I care...with days like this...I could just go off and live in a cave...far far away from civilization and the ninnies that live in it.
With big and true exception to all of my dazzling sparky friends...I'm sorry to be sooo out of sorts tonight...but REALLY...the DAY and NIGHT I've had.
Off to have a nice glass of vino and then off to bed. Sorry to be such a grump~ster!
Tuesday, December 03, 2013
I've been a little quiet lately...I'm mustering all my will and concentration towards a monumentally important day for us tomorrow.
We go for Summary Judgment on the 'save our home' fight. It's been a LONG time coming and if we don't prevail tomorrow we will just go to the next fighting round.
It's SO sad that when you walk into a court of law you don't get unbiased, fair and even handed judgement here in FL.
You get retired judges that have been brought back on Foreclosure Settlement money paid by the most egregious of the big banks for getting caught in their corruption.
This National Settlement money was supposed to go to the homeowners who were cast out of their homes unlawfully by banks hoodwinking the judicial system with bogus and forged documents.
Instead...our wonderful Barbie Doll Attorney General has decided not to give the money to the truly injured...but to keep the money circulating amongst the criminals that perpetrated the frauds in the first place.
In my mind this makes her equally tainted by feeding it back into the court system by rocket docketing homeowners out on the street. They couldn't get it done with the sitting Judges currently on the bench who are putting up a fuss about what would happen to their chances for re-election so they brought back retired Judges who HATE their jobs and are there for nothing other than to clear foreclosure court dockets....any way possible RIGHT or WRONG.
After all if you were collecting your $300 a day for corruption...what is the point in being fair?
It's a sad, sad reality about the world today. Anything for money...no matter whose head you crush and whose soul you rip out to achieve it.
I fully intend to tell this Judge exactly what I think of the horrific crimes that have been rained down on us by US Bank and I also fully intend to tell him this is just another day at the office for him...but it's our entire future life. I also will tell him that each night when he walks into his nice comfortable safe house I hope he is haunted with the image of all of the good Americans that he has cast out on the street.
Yep...got the speech all rehearsed and ready to go. Why am I so negative about the situation when I'm normally a die hard optimist...it's just the facts. Lee County judges are foreclosure robo-signers in their own right.
They DO NOT read the case files, they DO NOT care about fraud committed on the court, they don't have to worry about what the public thinks of them since they aren't running for re-election and obviously they have no moral conscience whatsoever.
It is what it is...and if you walk into the court all PollyAnna...kum~by~ya...this judge is here to do right by us...you are dead before you begin.
It's always been known that the rich and powerful ~BANK~ (isn't THAT an appropriate word here) on the weakness of the trusting and uninformed.
So...I'm gearing up...I'm asking the UNIVERSE to step in and perform a blazing miracle here.
I'm asking for your continued prayers because they have helped us so much to this point and I KNOW the power of prayer and the absolute goodness of white radiant God light for what is just and right in this world.
I also am SO thankful that months ago I contacted an amazing Registerer of Deeds in the great State of MA where they have a wonderful Attorney General who refuses to be hoodwinked by the rich and powerful banks. His people follow his moral example and his Senator Ms. Martha Croakly has been a tireless leader crusading against the misapplication and misappropriation of the frauds committed by the stinking banks of her constitutes.
These leaders LEAD and stand up to say NO to stealing peoples homes through fraud and lies and double dealing with unclean hands and absolute pay off corruption to certain lawmakers and the judicial system.
It's enough to make me wish we lived in that state rather than the free wheeling..lend me your dollars and I'll lend you my votes....corrupt state of FL.
That I might add... we have been loyal tax paying citizens of for the past 35 years. I'd even brave cold weather living if it meant that people were treated justly.
But anyhow...I digress as I often do on the egregious and outrageous tactics that are allowed to go on here.
I read online that this wonderful Register of Deeds Mr. John O'Brien (gooooo Irish) had determined that many many documents placed in his own records had been robo-signed by a certain Jeffrey Stephan. He was troubled by the fact that good people in his state were being tossed out of their homesteaded homes with absolutely no proof that the bank actually had the right to do so.
You can't take something away from someone that you can't PROVE you own. It's as simple as that. Unless...you are a bank...then it's fair game and okay because banks NEVER lie.
Okay...I just threw up a little in my mouth over that last statement. But this is truly the B*** hockey that these courts want the little guy to believe~
This wonderful HONEST man...Mr. O'Brien actually looked into this because he didn't want his Registry of Deeds tainted.
He hired a Property Analytics team to subpoena this robo-signer Jeffrey Stephan who lied and cheated for many, many banks changing his title and who he was working for with the stroke of a pen for as many as 10,000 forged documents a day. Of course that was humanly impossible to read that many files and be able to attest that the information in those files was true and he had checked the figures and the facts.
So he had people forge his signature and their lies and crimes were added to his own. Not to mention the notaries that knew all of this was criminal but added their notary stamps to the fray all too willingly.
THEN...this Godly man Mr. O'Brien, went one step further and informed news stations and online that if you thought you had a tainted robo signed document to send it to him and he would check the signature against his proven list of robo signed signatures and if it was a proven robo-signer he would send out his OWN affidavit of testimony to be added to your case.
Jeffrey Stephan was there in all of his blazing glory. AND since he signed a fraudulent affidavit in our Lee County land records GMAC's equally crooked lawyers could not remove that document like they did the one attesting to the actual foreclosure action in the first place. Too bad for them...evil usually DOES trip itself up in the long run!
Now the reason I am telling you this whole story is that our lawyers have zeroed in on this fraud and are filing a Notice of Request to Take Judicial Notice on this cover letter stating from Mr. O'Brien "If you are currently being foreclosed upon, this affidavit may be presented to your attorney, the lender, or the court to show that your chain of title has been corrupted.
Our attorneys have chosen to MAKE the court take notice of this by filing a separate action and hopefully setting some evidence in case the judge still refuses to accept it as fraud for an appeal. As I've said before...the judges DO NOT read the files...they care NOT if you were lied to, scammed, cheated and coerced. They care NOT if you paid in good faith for months and months and months a modified payment with EACH month the promise that your permanent payment would come NEXT month...just go ahead and make your payment...(PUTZ person)! The promise was always to everyone a permanent payment if you paid the first three in perfect accordance with the agreement. We paid NINE! How dumb was THAT? Honest people tend to have trusting natures...and why shouldn't you?
We'll see how this all plays out tomorrow...a big big day when a baby homeowner stands up to fight the evil Goliath AND the court system that lets them continue to plunder.
It ain't over til the FAT lady sings.
Thursday, November 28, 2013
Today was as near a perfect day as I have seen in a long, long time!
First...I didn't have to go to work.
Second...I didn't have to cook a gigantic meal.
Third...I got to hand out tons of spark goodies in my leisure time.
Fourth...I got to enjoy a wonderful meal even if slightly untraditional with two dear friends of the hubs and I with NO DRAMA~RAMA!
Fifth...I didn't over eat and feel just fine right now and not so stuffed I could launch a Macy's Thanksgiving parade turkey float..meaning me above the crowds.
Yep like I said nearly perfect in every way. The only thing that would have made it TOTALLY perfect would be to have had our beautiful son Josh here with us on earth instead of heaven to celebrate the holiday with.
We drove down to Naples to enjoy a wonderful meal with the hubs best friend of all time Richard and his wife Debbie. They have been fast buds every since high school, through college and then together on the Fire Department for many, many years. It's great to have a history with someone for that long of time and I know it did my husband good to share a special holiday with this wonderful couple.
Richard fixed his famous Southwestern Pasta consisting of sausage, red peppers, onions, mushrooms, and linguine. He added a dash of red pepper to give it a little extra kick and a tiny bit of olive oil with some fresh minced garlic to give it some pazazz. I honestly LOVE this meal..we had the same thing with them last Thanksgiving. He added some tasty breadsticks of which I only had one...yay me...and about a cup of the pasta.
I filled up on the Harvest Salad I took along which was spinach and dark greens with red onion, tomatoes, chopped fresh honey crisp apples, shredded carrots, raw chopped walnuts, dried cranberries, and crumbled blue cheese. I made a fresh and tasty homemade dressing out of raspberry jam, walnut oil and red wine vinegar, I even threw in a dash of Slap YA Momma spice and some red pepper flakes. Very, very refreshing and a perfect little taste of sweet to balance out the spiciness of the SW Pasta.
Like I said...a wonderfully unconventional Thanksgiving and a very light meal. We had a tiny sliver of apple carmel pie with a spoonful of vanilla yogurt. Again another victory in not over eating. I'm getting so much better at this with my determination to get as close as I possibly can to meeting my 5% weight loss challenge for my darling Teddy Bear Team.
Oh yes...turkey will come. I'll probably fix it for Christmas this year, or we'll get a turkey breast and I'll do my stuffing along with my baked beans, green bean casserole, yams, and cranberries...it will be a special treat to look forward to.
But today was all about friendship and a wonderful meal with long time friends. It was a meal that was equally satisfying and just as tasty. Thanksgiving isn't all about the menu...it's about your ability to be thankful and grateful for the love and friendships in your life.
Tomorrow will be another wonderful day off...maybe a little computer cruisin' to see if something piques my interest. I have pretty much everything I could ever want other than a resolution to keeping our beloved house. If I can manage to hang onto it...then my world will be pretty close to perfect in every way.
I loved being able to hand out a gaggle of goodies...my most favorite thing to do on Spark other than read blogs from my favorite friends and of course their wonderfully supportive and helpful comments to mine.
Yep...this Thanksgiving Day has truly been one of many blessings. I hope it's a sign of good things to keep on coming!
Happy Thanksgiving Sparkies~I'm VERY thankful for you and don't you forget it!
Monday, November 25, 2013
Tomorrow is yet ANOTHER telephonic hearing on the Plaintiffs Objection for some Discovery our attorneys have requested and then actually had the court compel them to produce. Evidentially they think they are above the law and can ignore or skirt things they just don't like that stacks the evidence of MAJOR fraud against them.
Now one would think this would be a good thing for us...and I ALWAYS have faith and hope that it will. But I'm also a realist...lost my Pollyanna bonnet AGES ago....so I know that the Judges here in Lee County are for the banks every step of the way. They have given them a free pass every time...if we didn't have such GREAT and diligent attorneys we would have been booted out of our house a year ago.
The first guy...who ahem..actually was recommended by a member of our group who is a lawyer...was dead wood.
He only wanted the monthly stipend coming into his office every month. In fact the response that he filed to the original foreclosure action actually had some of the lines left in it from the outline he used. Original rent a guy lawyer. He was an accountant that saw a great opportunity to grab a few bucks doing foreclosure so he jumped in with both feet. How embarrassing that originally when this happened I was so crippled with fear that I let things go without checking into them myself.
Can you imagine...what the banks lawyers thought when they say the (insert name here)
XXXXX riddled throughout the document. How embarrassing! AND what a putz of a lawyer!
Thankfully it only took me about a week to start questioning what was occurring and once I started researching for myself...i found all kinds of corruption that would help our case.
But THEN to convince this guy...now that was an entirely different matter. To be perfectly fair to this guy...he had told us right from the beginning that he didn't go to trial...he was what they call a time-line lawyer...he'd give you as long as he could in your home. I was outraged that we had been hoodwinked into thinking we'd get permanent help on our payment after making three perfect payments and then after making NINE...we got the hammer and the foreclosure action happened anyway.
I dumped this lawyer and found the best that we could afford in SW FL. Ice Legal..a foreclosure defense firm that is the REAL deal!
I have to say that's the REAL problem with us 99%~ers...we believe that people will do what they say they will do and we BELIEVE that people in the corporate world are fair.
Let me be the FIRST to step up and say...how did you feel when you found out there was no Santa Claus..disappointed, a little upset, suspicious for a year or two..but then you GOT it and moved on.
If you want to hold onto your home...there is NO Santa Claus!
So after a long and valiant fight coming up on 3 1/2 years now...we are coming to the Summary Judgment phase. That's when the fat lady sings. I've been dreading it for a long long time. Not because I don't know that we are RIGHT and that heinous frauds have been committed against us. Documents have disappeared, lost document affidavits have been filed, then withdrawn. Documents have magically reappeared. Robo-signers have been used. Assignments have been manufactured, endorsement stamps have been added four years after the original note was signed.
You understand...all of the manipulation and fraud that the bank can pull out of their tukus..well it's there for all to see. I still have no idea where all of these papers came from since our loan was a MERS (mortgage electronic services) and I've read report after report that all original paperwork was destroyed for the benefit of the electronic records. Heaven forbid the banks might have to pay a monthly fee to store paper in some warehouse some forty stories underground.
They surely didn't record them in each state and counties land records to save a penny here and there, so it's perfectly understandable that they wouldn't want to pony up storage fees.
Really if this weren't MY life and OUR house...it would be so surreal and so twilight zone WEIRD that I might find it amusing.
Ask me if I'm laughing. I'm mad as H~E~double toothpicks. We've been ramrodded and but BIG!
Soooo the secretary at our lawyers office said that they have a telephonic hearing tomorrow at 4:30 where the Plaintiff will argue against discovery...but first they want to give us an offer.
Okay...I'm at work...but I'm all ears!
Here's their offer..it's so ridiculous once again...if we lived in the twilight zone I'd find it outright knee slapping funny.
They still want the house...BUT they will waive the deficiency clause that says they can sue us for whatever hopped up charge they have now pulled out of their butkus which is pretty close to a ripe old half a million. They will not come after us for the difference in their crazy wishing it were true but we KNOW it ain't amount...AND whatever they get from some speculator who will snap the house up for pennies on the dollar. Of course we ALSO know that the speculator will be none other than OcWen the slumlord (they actually have a lawsuit against them for being a slumlord in NY...they have all of these condo holdings and do nothing to improve them. They are a hazard and a blight on the city district they are in)...so I'm not saying anything that isn't on court record.
That's strictly for any readers that get annoyed when I speak my mind about things they don't necessarily think should be on the internet. I got a few on my last blog...so here's my disclaimer.
So I'm saying to my darling husband...and where do they think they are going to come after us for this money...oh wait...perhaps our NEXT lifetime?!?
And...here's the really wonderful part...they will give us 90 days to vacate. Isn't that all neighborly like and all.
We'll steal your house, we'll hunt you down to the ends of the earth and shake you down for any more cash we can steal, but...being so good hearted and all...you can have 90 days before we rattle your door and the sheriff in town throws your stuff on the lawn.
My answer...HELL no! And you can tell them with offers like this...they can climb back down the snake pit they poked their head out of.
They either know they have no case, or they are trying to win brownie points with the judge with...oh look here your honor...this is what we did for those horrible nasty deadbeat homeowners.
I think NOT!
I see on the witness list our attorneys are asking for the infamous robo-signer himself Jeffrey Stephan...he's the one that cooked up the fraudulent affidavit on the foreclosure action and signed a perfectly criminal document of assignment that went into land records four years AFTER the loan was actually originated.
They also have Jenny David who was an assistant secretary for Homecomings (our original servicer) that transferred corporate assets. Can't be done my friends..to transfer corporate assets you must be a ranking officer in the company. I don't think assistant secretaries hold that rank..do you.
Like I said...heres hoping the fat lady CROAKS right alongside these banker crooks and squashes them on the way down!
Please send your prayers tomorrow at 4:30 p.m. FL time..that's EST. You have held my hand and walked me over the coals for so very long now and I truly love and appreciate every single one of you!
I'm truly surprised with all of this stress I'm not that FAT lady singin~or better yet croakin' along.
My song? Cheaters never win...cheaters never win. Good prevails, good prevails and cheaters never win. Okay...so I'm NOT a songwriter! You get what I'm going for...hugs to all!
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