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