Open Court Exchange

“Lady, in the glasses, can I help you?”  Judge Perlman, presiding Judge in Courtroom 518 asked.  “I’m with Occupy Broward Foreclosure Courts, Your Honor and I’m here to observe, write and report what I see happening in foreclosure courtrooms in Broward County.” At this point Judge Perlman instructed her Bailiff to come and get my phone to see if I was recording.  The Bailiff informed her that I was not recording. 

“Come, come, come…” she said as she waived me towards the Bench.  “I visited Zuccotti Park during the occupation, it was like a tent city,” she continued as she proceeded to show me photos of the hand-made signs, the Police, etc., she had taken with her phone while there.  “I remember when you were at City Hall, what do you do now?” she asked.

I explained to her that our mission is to observe what takes place in the foreclosure courtrooms and to text, tweet and blog about it.  I asked why the PA system does not work but she glided over that. Then I asked about retired judges hearing foreclosure cases and she told me that we would have to take that up with the Chief Judge.

The take-away from all of this… Judge Perlman, attorneys and pro se homeowners who were present at the time of the exchange in open court know that they are being watched and reported on.  I do not know if it will make a difference but I certainly hope so.

We're All Serfs Now

Between July and December 2012 Florida's Rocket Docket, a/k/a foreclosure courts, cleared its docket of 105,200 pending foreclosure cases.  Some cases were dismissed and depending on the dismissal the banks may refile the cases.  Some however, went to auction (sale of the property,) followed by the transfer of the title to the new buyer (investor). Once the title is transferred to the new owner, it's only a matter of time before the eviction notice is slapped on the door.  The immediate result of an eviction is homelessness.  

Broward County now has a new sheriff in town.  During the campaign season, I had the opportunity to personally ask then candidate for sheriff, Scott Israel, his thoughts on evicting foreclosure victims from their homes.  His response was that his officers will be enforcing the law when they evict a homeowner as they will be carrying out the order of the Court.

Wall Street and the banks have co-opted the Administration, the judicial system and law enforcement to forcibly remove Americans from their homes, to then resell those properties to private equity firms that partner with rental management companies which then rent those homes back to Americans.  

In essence Wall Street and the "Big Five, To Big to Jail" bunch have created a not-so-new society call "Serfdom." Serfs per Wikipedia, were people "who were required to work for the Lord of the Manor (See banks) who owned the land, and in return were entitled to protection, justice and the right to exploit certain fields (think minimum wage jobs) within the manor to maintain their own subsistence. Serfs were often required not only to work on the lord's fields, but also his mines, forests and roads... serfs were bound legally, economically, and socially. Serfs formed the lowest social class of feudal society" so we once were members of  a thriving middle class, now we're serfs.

Welcome to the new America.

Paint Or Get Off The Ladder!

Foreclosure cases 2008 and older in Broward County are now being set for Summary Judgment, trial but more often than not, sale of the property in thirty (30) days.  It seems that Florida judges got the Memo… move those 377,000 pending foreclosure cases, (approximately 60,000 of those are in Broward County) before defense counsel could say ‘Objection!”

The question that was asked over and over again by the Judge to the homeowner and/or his/her attorney was “you’ve made no payments for the past five years?”  It made no never mind to the Bench that perhaps the banks were sitting on the file because they did not have the required documents to prove that they are indeed the “owner and holder” of the note; or that perhaps homeowners were working on loan modifications or the Plaintiffs are unwilling to move the cases forward for whatever reasons “too big to jail” entities can come up with.  None of those matter, except the age of the file.  If the file is 2008 and older then the rules of equity, evidence or civil procedure do not apply.

The Bench claims to be frustrated with the Plaintiffs' (banks) “sloppy, messy” practices and is so “not happy with blank endorsements” but is unwilling to rule against them.  Henry Trawick, who wrote the “bible” for Florida law, Trawick’s Florida Practices and Procedures, states in his letter dated February 11, 2013 that:

“The real problem faced in the foreclosure crisis has been the unwillingness of trial courts to insist on plaintiffs properly preparing the pleadings under existing law, enforcing existing law on the standing of plaintiffs; the refusal of appellate courts to properly enforce existing law on standing in foreclosures; and the unwillingness of banks to promptly push foreclosures to judgment to avoid paying real property taxes, condominium assessments and maintenance for the foreclosed property.”

The Bench states that the Banks are practicing in a “very narrow window” so it begs the question, if it’s so narrow, why are so many defense attorneys and their clients losing and when that property is sold at auction who or what entity takes title?

Scott, Project Manager for a South Florida management company claims that the banks are often the highest bidder at auction because they see a revival in the housing market.  However, most of the housing inventories are held by Fannie Mae, Freddie Mac or FHA and through their bulk sale programs are selling off properties to large hedge funds and bank entities.

Recently someone close to Judge Perlman told me that the drive to "push the cases through is coming from Above."  Well Above, we all appreciate swift justice but justice is not being served when trial courts are unwilling to enforce existing laws and/or keep up with changing laws.  Also, Above, there is a conflict of interest when presiding judges' retirement funds, replete with mortgage backed securities find their benefits dwindling due to the fact that those mortgages are now non performing mortgages.

Clouded Title, Buyer Beware....270 NE 27th Street, Pompano Beach, FL 33064.

270 NE 27th Street, Pompano Beach, FL 33064. The title to this property is so clouded no one should even think of purchasing this property...This is the story of Amos and Claudine Delva.

Amos and Claudine Delva bought their home on a quiet little street in Pompano Beach, Florida approximately 15 years ago.  They signed the mortgage and note with IndyMac Federal Bank, FSB.  In 2008, when the construction industry crashed, Mr. Delva, a construction worker, sensing that he might be in trouble if the downslide in the industry continued began actively working with IndyMac  to modify his loan.  Soon thereafter IndyMac Federal Bank, FSB filed its foreclosure Complaint, January 3, 2009.

The right to foreclose is dependent upon there being an enforceable promissory note.  The Complaint filed by IndyMac Federal Bank, FSB states that the original note was lost and cannot be found and the copy that was attached to the Complaint contains no endorsements.  At the deposition of  Ms. Erica Johnson-Seck, Affiant and Attorney in Fact of the Affidavit of Indebtedness filed in this matter, when asked "...IndyMac Federal Bank, FSB didn't have any books, records or documents ... correct?" Ms. Johnson-Seck's response was "Correct."

So... while the foreclosure process was moving down one track (with no documents), on a parallel line, IndyMac offered the Delva's a Loan Modification on March 16, 2009.  Nevertheless, on May 8, 2009, even though the Delva's were in active loan modification negotiations, IndyMac filed its Motion for Summary Judgment.  On September 9, 2009, Judge Fogan signed the Summary Judgment and oh-by-the-way, remember the lost note, well that was found and filed on September 9, 2009 as well.  In a desperate effort to save his family’s home Mr. Delva filed for bankruptcy and IndyMac filed yet another note (there are three original notes in Mr. Delva’s matter, one with no endorsement, one with an endorsement on the lower left and one with an endorsement in the center of a blank page, that is not an allonge) along with an Assignment of Mortgage executed by Araksia Karapety and recorded in Charlotte County.  Mr. Delva’s property is in Broward County and he has never met and does not know who Araksia Karapety is.

It took eight (8) months from March 16, 2009 to October 29, 2009 (as IndyMac repeatedly claimed to have not received the documents sent to them over and over again) to bring the loan modification negotiations to a successful completion. IndyMac agreed to the loan modification and on November 1, 2009, Amos and Claudine made their first of three (3) trial modification payments each in the amount of $1,062.87.  The Delva's made six more payments for a total of $7,440.09 all of which were received and accepted by IndyMac.

The Delvas' were not in default as they made their payments pursuant to the Loan Modification Agreement, yet their home was sold "on the Courthouse steps" for $60,100.00 on June 7, 2011.  The Certificate of Title was issued on March 22, 2012 to an investment company, ILN Management, LLC and now the family will soon be facing an eviction. The Delvas are asking and what they have always asked for is that the investment company, ILN Management, LLC negotiate a settlement with them. The family have been paying a monthly rent to ILN Management, LLC which is paid on time and in full.  The title is clouded and the sale of this property will only hurt the new buyer and destroy land records.

Help us keep this family in their home by delivering this message:

"We, Amos and Claudine’s neighbors, friends, citizens of Broward County and the state of Florida demand that Amos and Claudine Delva of 270 NE 27th Street, Pompano Beach, FL (Broward County Case # CACE 09-000519 (05) be granted the right to stay in their home and that the investor who knowingly perpetrated fraud upon the Court, that his move to acquire title to the property in the hopes of flipping said property be denied.  The investor must renegotiate with the Delvas' as to flip this property would further cloud the title and destroy our sacred land records."

to the following entities:

         Circuit Court of Broward County's Chief Judge Peter M. Weinstein - (954) 831-5506
         Circuit Court Judge Marina Garcia-Wood - (954) 831-3580  
         Michael Gomez, Esquire, attorney for ILN Management LLC, (954) 921-7676
         FDIC (954) 858-1499
         One West FSB f/k/a IndyMac Bank FSB, Karen Lindsey, Administrative Secretary - (626) 535-8407
         One West FSB f/k/a IndyMac Bank FSB, David Rodriguez, First VP Loss Mitigation - (512) 918-7077
         Comptroller of the Currency, Susan Howard (818) 240-5175
         Comptroller of the Currency,  South Florida Field Office - (305) 715-1323

Thank you all,
Stop Broward Foreclosure

Occupy Fort Lauderdale

Democracy with Human Face

On January 13, 2013 I made my first talk radio appearance on PNN for the show entitled Democracy with a Human Face.  Richard Spisak, a long time activist and progressive did the approximately 10 minute interview.  To listen click the show's link above.

Join Rick and his guests, Emine Dilek, journalist, Meredith Ockman, VP State NOW, Karen McArtur, Move to Amend, Susan Smith, Pres. Prog. Caucus and Rep. Raul Grijalva, Co Chair Congressional Progressive Caucus for tomorrow (January 20, 2013) night's show entitled Champions of the People. Show starts at 7:00 p.m.

I'll be listening...

You Gotta Read That!

Each time I meet Matt Weidner, Esquire he gives me a reading assignment.  I was first introduced to Matt at a foreclosure teach-in with April Charney, Esquire at the University of South Florida, Marshall Center in March of 2012.  That assignment, to read the Pooling and Servicing Agreement.

On Wednesday, January 16, 2013 at the Foreclosure Defense in 2013 (live video broadcast) I/we were given a digital binder of a little over a thousand pages of pleadings, charts, citations to read.  I will admit, that this reading assignment is a lot more exciting than the PSA was.

Thank you Matt. It continues to be great learning experience.

My Day In Court

She Ain't No Judge Haury!

Judge Perlman's first day on the foreclosure bench was smokin!  I was first introduced to Sharon Perlman on November 9, 2012 at the workshop, View From the Bench.  Described as brilliant, it seems Judge Perlman's mandate is to clear the court's docket of the "60,000 pending foreclosure cases" before you can say 'Objection!" 

"It's coming from above, to push the cases through," someone close to Judge Perlman told me.  "Judge Haury asked too many questions" the person continued.  I think if you are in a position of granting an entity the power to frauduently steal someone's home with the blessing of the court, then by God you should be allowed to ask "too many questions" but those days are gone. Judge William Haury was transferred to Criminal court, Room 990.

Judge Perlman's courtroom was also used by Judge Garcia-Wood when she sat on the foreclosure bench.  The audio system is still not working.  Homeowners and citizens sitting in the gallery have a difficult time hearing what the Judge and the parties are saying as construction noise and the attorneys back-slapping, high fiving and greeting clients fill up the air space.  There were moments however, when the room was quiet and you could hear the Judge, the attorney and/or the homeowner but those were rare moments.  The phrases I heard repeated throughout the day were "It's been four years - Denied" "Four years is enough time- Denied," "How many bankruptcies? Denied. "What a waste of time."

I do appreciate justice being served swiftly but there is no justice being served here.  Under the law, the lender must prove that it has the right to foreclose.  However, proving that is difficult because of MERS (Mortgage Electronic Register System), securitiziation, the stripping and selling of the loans and the lack of a paper trial as to which entity bought, sold, resold and now holds the loan.  Discovery takes time.

Our Courts must insists that all parties, including judges, abide by the rules of procedure. Whether or not the judges know (and we know, that they know, because they are brilliant) that the banks, their servicers and their attorneys are using fraudulent documents to foreclosure on homes are choosing to perpetuate the fraud, by not taking the time to review the documents place before them, assuming that the Plaintiffs know the law and are not lying and by not asking the appropriate questions.  It was interesting to see a bank's attorney willing to give the absent homeowner 20 days to respond to the Motion to Dismiss and the Judge denying the motion and order that it be set for trial during the trial period April 15 through May 15, 2013.  What if the homeowner had a death in the family, pehaps a child or a husband?  What if the homeowner did not receive notice of the hearing?  What if the attorney has another trial set for that same period? or is out of the state?

Our judges, in particular Judge Perlman, who is thought to be brilliant, should use her brilliance in the service of justice; not in the interest of time or in the interest and service of those who can afford high paying attorneys like the banks and the servicers.

So, to all homeowners, especially those who are representing themselves, Pro Se, the justice clock has stopped.  You now have three choices:

1. Loan Modification - and if you cannot get one, oh well!
2. Short Sale.
3. Eviction.

That is the direction our foreclosure court is going.  Best of luck to all homeowners and when the luck runs out as it seems it may have - call the movers!

Oh, you have one other choice - OCCUPY!

What Would Dr. King Do?

The following is a speech I gave at the Unitarian Universalist Church, downtown Fort Lauderdale on January 13, 2013 in celebration of the birthday of Dr. Martin Luther King, Jr.

In a speech delivered April 4, 1967, Dr. King asked that we play the role of the Good Samaritan. Many of you here would know that story but for those of you who don't, and for those who cannot remember it...

    A man in the crowd asked Jesus, "who is my neighbor?" and Jesus replied that there was a man travelling on the road to Jericho when he was felled upon by theives.  They robbed him, beat him up and left him on the side of the road to die.  Some time later, a priest came by, saw the injured man and crossed to the other side of the road.  A little while later, a Levite passed by, saw the injured man and he too crossed to the other side of the road.  Later still, a Samaritan riding on a donkey, came upon the injured man.  This Samaritan, got off his donkey, rushed to the injured man, bandaged up his wounds, put him on the donkey and took him to the nearest inn.  At the inn, the Samaritan told the innkeeper "whatever you spend in caring for this man I will reimburse you upon my return."

Fast forward to the 20th century... and Dr. King said that we "must come to see that the whole Jericho road must be transformed so that men and women will not be constantly beaten and robbed as they make their journey on life's highway."

Florida today is our Jericho road.  Men and women, especially those of color, are robbed of their homes, emotionally beaten up and left on the side of the road by the profiteers of Wall Street.

The State of Florida ranks number one in deliquent mortgages.  That is double the national average and at 8% does not include those already in foreclosure nor does it count those whose homes are underwater but are still making their mortgage payments.

During the *five (5) year period 2008-2012, 1,274,919 homes were foreclosed right here in the Sunshine State. ** Broward County, in the last two and one half years, saw 59,000 foreclosures.  As a visual, picture every single home in the cities of Naples, Fort Meyers and Sarasota, empty, boarded-up, abandoned.  ***1900 foreclosures are filed every month at the Broward County Courthouse and that is in addition to the 60,000 pending foreclosure cases just sitting in the courthouse, waiting...

Overwhelmed yet?  When you do the arithmetic, we're talking about 6 million people if we were to say conservatively that four people lived in each of those homes plus a pet.

Where are all these people?
Where are all these pets?

The result of a foreclosure if followed by an eviction is homelessness.

The Florida Homeless Coalition one day/one night count in January 2012 tallied the number of persons living on the street or staying in emergency shelters to be 54,300.

Yes, these are large numbers - but they are more than that.  They are fathers, mothers, children and yes, we are our brother's keeper.  Sure, we can say, it's their foreclosure, their fault, I pay my mortgage, lawd knows how times I've heard that but our property values are lower; our cities don't have money to pay our first responders and our retirement plans are not what they used to be.

So... the question is, what are we doing?

We know what Dr. King did. He stood shoulder to shoulder with the sanitation workers, he crossed the bridge at Selma with his neighbors.

Are we going to follow in the footsteps of Dr. King and stand shoulder to shoulder with our neighbors in their eviction defense?

Are we going to demand that our government pressure Fannie and Freddie into principal reductions?

Are we going to fill the courtrooms so that judges know we are watching?

Or are we going to cross to the other side of the road like the priest and the Levite?

*      Counsel on Homelessness 2012 Report
**   WLRN Miami January 2, 2013
*** Judge Tuter, View From the Bench, November 9, 2012