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

Today in Court

I arrived at Broward County Courthouse a little after nine o'clock this morning.  Patrick met me coming into courtrooms 519/518, where approximately 300 foreclosures cases are heard each day.  He then informed me that his hearing on the Motion to Cancel Sale was cancelled, no reason given and the reset date to be determined.

We discussed his case for a few minutes, he then left the Courthouse but I decided to spend the day "occupying the Courtroom."
At about 10:05 a.m. in Judge Haury's courtroom there were approximately fifteen (15) attorneys and I'm guessing four (4) of them represented homeowners.  I had the pleasure of meeting Gloria H. a victim of an illegal foreclosure and a Pro Se litigant.  Her bank is Deutsche Bank and the attorney representing Deutsche is Mark Stuart, Esquire of Morris, Hardwick, Schneider out of Tampa, Florida.  Gloria informed me that after many hours researching case law and the Rules of Civil Procedure, Statutes and appeal cases, she has been able to keep the bank-at-bay.

Gloria was in Court this morning on her Motion to Compel Discovery and Request for Interrogatories.  Mr. Stuart had no inkling that homeowners could be smart and capable of filing proper documents in a Court of Law.  Gloria H. requests stopped him in his tracks.  He proceeded to object to everything but Judge Haury in his wisdom, granted him (the bank) a second extension in which to file the requested discovery and continued the hearing to November 27, 2012.  It was fun watching this bank's attorney get his ass handed to him.

I spent some time in Judge Lazarus's courtroom but nothing as interesting was happening there as all the action was in Judge Haury's.  Mr. Watson informed me that Judge Haury will be leaving the foreclosure bench on Januay 11, 2013 which is unfortunate, as he is such a considerate, thoughtful, fair, emphatic and intelligent judge.  It will be a lost to homeowners.

So, that was my day in Court.  I took copious notes and there are many Statutes I now have to go over but what concerns me most, is the lack of homeowners present in the Courtrooms.  Judge Tuter noted on Friday at the Seminar "View From the Bench" that there are about one thousand nine hundred (1900) foreclosures filed each month in Broward County.  My hope is that homeowners are not appearing in court because they have all hired qualified attorneys to represent them but something tells me that perhaps, they have just walked away.

THE BRAZEN

Courtesy  Foreclosure Hamlet 

MASTER OF HORROR, POE, REVISITED | THE BRAZEN

THE BRAZEN BY PATHELFRICK

Thrust upon a middle class bleary, they were plundered, while weak and weary,
Over many a tainted and spurious document came a forger’s reward.
While they plotted, data mapping, predictably there came a trapping,
And then someone stoutly rapping, rapping at my front door.
“Tis the Sheriff,” he muttered, “taping an eviction notice on your front door -
We’ll take this one and we’re serving more.”

Ah, distinctly I remember that bleak September,
And each chickenshit lying senator whose vote was bought before they hit the floor,
Surely it could crash the morrow; – blamed on those who over-borrowed
But it was the banks who fleeced the borrower – then sought to borrow for the last big score -
For the Brazen backed their trucks up to the Treasury doors -
Lawlessness for evermore.

The bilkers were certain their hustling was hidden behind the theatre curtain
Skillfully – they bilked me with fees and paperwork errors never seen before;
So that now, my mod still pending, documents I faxed repeatedly,
I heard a visitor entreating entrance at my front door -
A “visitor” changing the locks on my front door! -
Tis “property preservation” and nothing more.

Devilishly their souls grew darker; hesitating then no longer,
“Your Honor, they said, “truly your forgiveness I implore.
It is a paperwork issue and nothing more.”
And then boldly, boldly they went rapping, rapping on his chamber doors,
“That donation I’m sure has found you, here’s an envelope opened wide with more, -
Greenbacks here, and there’s plenty more.”

Sheep that were ripe for shearing, into exotic loans banks were steering,
Shouting, “The American Dream is on sale like never before!”
Approval promises went unbroken, underwriting was just a token,
And the only words spoken by brokers were the whispered words, “Buy more.”
Then I whispered, “I have no income, no job, no assets and a poor credit score.”
All technicalities, and nothing more.

Stacks of loans they were churning, sold ten times before the closing,
And soon I heard, “People are tapping their equity like never before!”
Surely,” said I, “surely you saw the rats in the attic and the rotting window lattice?”
“Let me see, then” said the appraiser, “how much should this appraisal be for? -
Let me be a shill for the broker and there’s no mystery to explore -
Why it’s the loan amount and nothing more!”

The Dow slumped, the market shuddered, with many hurt or underwater,
In stepped the greedy banksters with their shady ways abhorred;
Knowing how malfeasance is ignored, they perpetrated fraud upon the courts;
Yet, with lien absurd and hazy, they purchased my abode outside the courthouse doors -
Purchased by the trust on a bunch of fallacies outside the courthouse doors -
Purchased, and sat, and nothing more.

Fannie and Freddie were so beguiling, screwed you over while they’re smiling,
By the Baum and Stern law firms they waged a mountainous war.
“Go, thy zest is sure and driven. Now!” They said, “More work we sure are craving,
We’re ghastly, grim – whatever you’re paying! Add forgery and it’s Katy bar the door! -
Tell me Lords, why can’t we flood the courts with paperwork to take more?” -
Quoth the Brazen, “Take some more.”

Much they marveled how their gainful foul-ups could steer the courts so clearly,
That this was nothing more than outright thievery – little relevancy bore;
“For we cannot stop until enslaving every living human being! -
Ever ready our war chest is guaranteeing victory inside chamber doors -
Blur and cheat until we’ve fractured justice outside chamber doors -
We rig the game, we know the score.”

Then the Brazen, sitting lofty atop their market bust, crowed loudly
These words, and the role of government pawns they did outpour:
“Their threats are nothing more than bluster – they know where their bread is buttered -
We have friends in place where other friends have been before -
From Goldman Sachs to Treasury is a revolving door.”
Then they said, “And there’ll be more.”

Swindled, millions were left broken, by lies so aptly spoken,
Doubtless the banks cutthroat ways helped their stock to soar;
Bought off by their masters, judges wreak unmerciful disaster,
Following one hearing by another faster, still their wrongs no burden bore -
“Tell the dregs they’re a burden in my court!
They’ll find my answer on their door!”

But the Brazen still beguiling about all those folks robo-signing ,
Straight faced they said “She’s a VP of MERS, Wells and more!”
Then within a second’s blinking, they created documents that were missing -
“Fancy that, we found the mysterious note of yore!”
Is it Chase, Wells or Citi who owns this mysterious note of yore?
Ever cloaking, they’re not sure.

For a settlement the AG’s are pressing, but is it more than window dressing?
Their howls to stop these outright robberies we’ve heard before;
Theft and more they’re still defining, but the Brazen at ease reclining
That the public servants do their bidding they gloated over,
That claims of those violated would never see daylight they gloated over,
Charges shall be pressed? Nah, nevermore!

With “Occupy” the air grew tenser, “Fumigate those unclean protesters!”
Stung by pepper spray and foot stomps to the head behind jailhouse doors.
“Watch,” they cried, “thy squad Bloomberg lent thee – will deny free speech and liberty -
Respite – there’ll be no respite or reprieve in our plundering of thy poor!
Squash, oh squash those who demonstrate for the middle class and poor!”
Quoth the Brazen, “Squash some more.”

“Profit!” they said, “thing of beauty! – profit, at any cost, is our duty!”
Whether investor who lent, or whether servicer tossed thee out the door ,
Desolate all ye evicted, of wrongdoing they’re never convicted -
On this home foreclosure haunted – tell me truly, I implore -
Is there – is there proof who owns it – show me, show me, I implore!
Quoth the Brazen, “We’re not sure.”

“Profit!” they said, “thing of beauty! – profit, at any cost, is our duty!”
Made on the backs of those who bend below them – money is the only God they adore -
“Tell those souls whose place we’ve taken, with unpaid debt they now are laden,
It is only the beginning of what we have in store” -
Till your last gasp they will take and then take some more -
Quoth the Brazen, “Probate Court.”

Now the word is reviews are starting, with your rights will you be parting? -
The OCC says you could be eligible for a cash reward!
In backrooms, deals are spoken, any punishment will be token -
While those made homeless remain broken – “Quick, sign here for yours!”
Take your check from the fox who guards the henhouse doors!
Bought by the Brazen, forevermore.

And the Brazen, ever thriving, are still conniving, still conniving
To steal homes on the steps outside the courthouse doors;
With all their lies and their scheming, in a state of constant dreaming,
To come up with next idea like robo-signing or MERS;
What will it take for a revolution to begin to stir?
We must rise up and say – nevermore!

Open Invitation

This is an open invitation to tonight's community networking event, see The Invitation here.   We would love to see all of you.  Come share your stories and join us supporting homeowners in their fight to keep their homes.

My Interview with Al Jazeera English on Fort Lauderale: Economy

A few weeks ago I was asked to participate in a "conversation with my neighbors" styled interview with AlJazeera English.  The interview took place in a hot, vacant warehouse in Davie, Florida.  It's good but is speaks of nothing that we don't already know.

Don't Be Ashame

From left to right: James, Denise, Scott and Pattie

At Occupy Fort Lauderdale's First Anniversary party which was held yesterday at Stranahan Park, downtown Fort Lauderdale we launched our latest flyer which was designed by James.  Thank you James.    See flyer here...Don't Be Ashame.

It is said that when God closes a door, he opens a window.  Two years ago, my ten year service with a Fort Lauderdale attorney came to an abrupt end, when after twelve days of medical leave (and not twelve consecutive days either) I was told that my services were no longer required.  It was the closing door I did not expect, nor saw coming.  Yep, the window opened and I flew into an OCCUPATION!

The Whistleblower

Although we did not have as many people at our Anniversary party yesterday, as we did one year ago (we did get the rain though), it was wonderful being together and reminiscing.  It has been an exciting year.  A year of meeting new and beautiful people, wonderful achievements, great disappointments and constant learning.  We have attended foreclosure and labor seminars across the State and met many of the foreclosure defense advocates including the tireless, Lisa Epstein.

Our Neighbors of Pompano Beach, Andy, Amos, Joseph and of course Scott and Joanne, thank you all for opening your homes and hearts to us.
Jarek, I see many more great discussions in our future and I thank you for those we have had in the year gone bye.

Scott and Joanne Eskew, Dave Lee 99%

Our homeless brothers and sisters at Stranahan Park

Dave your quiet support, insightful commentary and your readiness to help is truly appreciated and I thank you for being there for me.

Our homeless families and homeless veterans, especially Anthony, who were and are willing to share their stories with us, we thank you and together with the Coalition for the Homeless and Food Not Bombs we will stand with you. 

The Unitarian Universalist Church, Rev. Gail and its members we thank you too for your continuing support of us by allowing us to hold our meetings under your roof.  

Amy, your support has been unwavering and I do miss you.

Susan and Occupy the Roads RV

Remember the good people of Occupy the Roads...

and our marches though the streets of Fort Lauderdale and especially those on Las Olas Blvd., to all those marchers and the members of Drumline we say thank you and would love to see every one of you at our next event.

Members of Drumline

 

To Bob and Pattie Bender a special thanks to you and the singers for all the great music that you so generously provide for us.

If I have forgetten to thank anyone, I do apologise but know that we are grateful for all your support and we, I, thank you.

WE ARE THE 99%

  

Happy First Anniversary Occupy Fort Lauderdale

Occupy Fort Lauderdale's First Anniversary! Join us as we celebrate our 1st Anniversary with Global Noise and Food Not Bombs.  Here is Our Invitation to you, and you, and you...  or go to Occupy Fort Lauderdale for  details: http://www.facebook.com/occupyfortlauderdale

Hope to see you all there.

Story of the Payne's Home and Their Struggle to Save it.

This property owned by James and Denise Payne: 9910 SW 14^th Street, Pembroke Pines, Florida, 33025 is currently in foreclosure and will be sold on the steps of the Courthouse on September 25, 2012.  They have a Vendee Loan, the Servicer is Bank of America and Deutsche Bank National Trust Company sued for foreclosure.

Mrs. Payne in her words...

We started falling behind right after 911 and have been trending water ever since.  My family has been on a roller coaster from my husband being unemployed to following the advice of Bankruptcy lawyers, trying to save our home. It’s been a long drawn out process for us and we just need to get you to help us! 

We were told by the first lawyer, Jeffery Weinberg, who we thought was going to be the person to help us during this time.  That he could help us save our home.  So, we met with him and he convinces us that we needed him and he could help us.  Needless to say he had his own personal gain and later he wanted us to do busy with his mortgage finance person, who just wanted our house.  We stayed in the BK for a couple of years and realized he was uncooperative and wanted out but he told us we could not get out.  When we try to re-finance with someone, I found that his office was uncooperative.  He would not send the information that was needed to get the deal done.  Then James was laid off and we could not keep up with the payment so the case was dismissed.

Next lawyer Robert Bigge who, we thought again was going to help us.  He told us that he could make the BK work and we could re-finance in 6 months and refer us to someone who only wanted our home.  During the process my husband was still laid off and it I could not do it with one income and paying all the other bills.  We fell behind and the case was dismissed again.

Third and we thought it was final when we were in court but, we saw Mr. Elisa DSouza out third attorney he smiled at us and we later received his advertisement.  I felt it had to be a sign and I called him right away.  He was up front with us; however, my husband was still out of work.  So, I attempted to make the payment later and my husband started working.  Well, after trying to pay Elisa and catch up on other falling bills; it became to much and we fell behind.  With many attempts the case was dismissed again. 

Fourth, attorney we were referred to was David Marshall, we started the process, and then James was involved in two motor vehicle accidents.  The day before he was going to meet the creditors someone stop suddenly on 95’s interstate there hood flew up and the case was dismisses.  Then when we tried again we were all in a motor vehicle accident in which we were hit from behind by a DUI.  The driver plied into the back of our car while standing still.  The police put my husband and 26 year old daughter in jail like we were the person who caused the accident, because we stop the guy from driving and leaving the scene of an accident.  We were the victims, and that case is still pending as of today.  Look it up case # 08004281CF1OA.  But, later He was able to land a temporary job through a temporary agency.  Everything was going good, and two weeks before Christmas, they told him that his assignment was over this was in 2008.   The business told him that they will call him at the beginning of the year, but that never happened. Needless to say the case was dismissed again.

Okay, now we are in 2010, we meet George Castratro, who suggests that we just give up and file a chapter 7.  Well, after many emotional and sleepless nights we followed yet another attorney’s lead.   We filed the Chapter 7 and after meeting with the trustee, we were told that we needed to move out of our home within 30 days.  Well, we have been in our home for over 10 years. So moving in 30 days would be scary but we must do what we must do.  So, we moved out and were renting someone else’s property.  One year later, after trying to resolve the utilities issue at the now old address.  If find out that no action had be taken to our property and that the house was still legally under us.

Okay, so now we inquired the assistances of Ameriahope Alliances, which has attorney and other resources to help us retain our home.  They told us to move back into our house at 9910 SW 14^th street, and they could help us stay there.  Regardless of the situation they were going to help us keep our primary residences.  I have a grand daughter and this is really the only residences that she has ever known.  When she came home from the hospital it was to this house, she has lived her for seven years of her life.  We have to endure the economical crisis just like everyone else, and my husband and I have always wanted one thing, and that was to keep our home. 

 The recession has not made it easy we really need your help, regarding helping us save our home.  I am still employed at UnitedHealth Group, and have been for 13 years this past February.  We will make sacrifices, to cut down on our bills to make ends meet.  We do not want to lose our home. 

We understand it seems like we just can’t get it together, but the “Lord has gotten us this far” and I know he will get us through the end.  I know you can only do what you can, however; we are sitting still, because we know it’s going to work out.  Bad things do happen to good people and it’s all in how and who you believe in, to help you get through it. 

Denise and James Payne.

September 25, 2012 is next Tuesday.  If any of you reading this know of a way to help, please contact me at susan.howai@yahoo.com.

The Brochure

In August there were 4,823 foreclosures filed in South Florida according to Condo Vultures.  Two thousand and forty-eight (2,048) were in Miami-Dade county, one thousand five hundred and eleven (1,511) in Broward County and one thousand, two hundred and sixty-four in Palm Beach. 

That's a lot of foreclosures.  If you are in foreclosure or know someone who is, have a look at my brochure, So... What's Foreclosure All About it may provide some assistance but what ever you do, do not panic.

"Do you want fries with that?"

The last few weeks have been difficult.  Homeowners have found their way to my door with personal stories of loss, fear for their children and a deep sense of shame and embarrassment. There is anger, frustration and no one they can ask for help.  Law enforcement individuals might be sympathetic to a homeowners distress but must enforce a broken legal process.  Attorneys can be expensive and represent their own financial self-interest rather than a favorable outcome for their clients.  Certainly there are honest legal representatives, but how does the ordinary person know who is honest and who is not?

Wall Street and the banking industry created this housing crisis that in turn lead to the economic collapse we are now suffer.  Homeowners were conned into believing that it was OK to take out an exotic mortgage (subprime loan) as in two years when the interest rate adjust to where you can no longer afford to pay it, your home would have doubled in its value, at which point you can either sell the property for a huge profit or refinance to a lower fixed rate.

Well guess what? That never happened. The housing bubble popped, property values plummeted and unemployment rose to over 8%. Between 2004 and 2008, the height of the mortgage feeding frenzy, blacks were 2.8 times and Latinos were 2.2 times more likely than whites to receive subprime loans. White families too have been affected by the rampant and ongoing theft. Now, homeowners are left with an “investment” that is worth way less than they paid for it and a mortgage payment they cannot afford.

The banks and Wall Street executives carefully thought out who their first victims would be – low income and minority groups. In 2011, 20% of foreclosures and at risk for foreclosure were in minority neighborhoods while 25% were in low income communities. During the mortgage frenzy, securitization of mortgage loans were sloppy and carelessly done. This has led to fraud upon the courts, clouded titles, the now infamous “robo-signing,” endorsement in blank, no endorsements, loss notes, loss note affidavits, errors in note delivery practices, MERS (Mortgage Electronic Registration System created in 1990) and strange assignments of mortgages. It is hard to defend oneself when one does not quite understand the legal and banking systems and when English is not ones first language.

So, where do we go from here? Ah yes… the 25 billion dollar mortgage settlement. I hate to burst your bubble, but there is no settlement for homeowners. The banks got away without paying any money as “...they get credits against the settlement amount for ceasing all kinds of illegal activities that they agree to stop as part of the settlement.” (George W. Mantor, The Real Estate Professor.)

“Illegal activities” you say, why are the CEOs, CFOs, CEEOs, not in jail? I’m guessing that they are bankrolling both election campaigns and many will work for and represent those very CEOs, CFOs, etc., so they can’t jail their buddies (see revolving door).

As to the homeowners who are struggling, some are now homeless and/or scattered among family and friends willing take them in. The American Dream, education of our children and upward mobility has all been a trail of tears. I’m sure you’ve heard of the suicides as a result of a home being foreclosed (see the article “Death by Foreclosure”). In Florida, 10% or higher of our children have lived or live in owner-occupied homes that is in foreclosure or at risk for foreclosure. The stress of foreclosure has lasting effects on our children. As parents struggle with shattered nerves and fewer resources they sometimes engage in harsh and negative behaviors. In high foreclosure neighborhoods (blighted communities) children suffer as vacant homes (REO a/k/a bank owned properties) create havens for illegal activity, lower property values and a lower tax base. The results are lower social and educational achievements. 

Well, the 1% has got to have someone to ask them “do you want fries with that?”

Loan Modifications and How I Can Help.

In the wake of the Espinosa family's amazing victory (Citibank vs. Espinosa, see: http://www.occupyhomesmn.org/11th-hour-victorycitibank-cancels-foreclosure-auction-of-minneapolis-moms-home-commits-to-loan-modification-with-reduced-payments/) I am reminded of the loan modification workshop I attended in North Miami Beach in late April.  The main speaker was Raven Liberty, Esq., from Raven Liberty, P.A. and her focus that evening were the various changes to the HAMP program.  Ms. Liberty spoke at length about the many changes but emphasized the importance of having the "numbers" correct.  Each of the loan programs require an accurate and updated financial statement along with requested documentation.

In my experience, the loan package provided by the banks are not adequate to the task and so they keep asking repeatedly, for more and more information.  We know that the banks are not to be trusted so it begs the question, is it a mistake, did the loan officer forget to include the list of required documents?  I cannot answer those questions, but what I can do is assist any homeowner with getting his/her financial statement in a format that is bank acceptable and organizing the necessary documentation (including those not requested in the original loan package) for easy access by any loan officer.  The web-based, software program that I employ, apart from producing bank ready financial statements, has the ability to e-mail documentation to any loan officer and the homeowner with the push of a button, thus saving time & money.

I cannot guarantee, nobody can (the governing documents of the trust may not allow loan modifications) that this manner of presentation will get the homeowner the much needed loan modification but it will get the loan application the attention that is necessary to make that determination.

The process is tedious and attention to detail is absolutely necessary.  We know the banks are counting on homeowners to be stressed, frustrated and not equipped to deal with all the paperwork that goes into getting the loan package bank ready.  Let's not give them this perceived advantage.  If you or any one you know needs help, contact me and I will do everything I can to get the loan package bank ready.