About Me 0056: foreclosure law

WASHINGTON -- The Federal Reserve has reversed its opposition to new rules reining in foreclosure abuses, and will support stronger regulations on the nation's largest banks, according to a source familiar with the matter.

The Wall Street reform legislation signed into law by President Obama in July 2010 required federal regulators to write new rules governing the broken market for mortgage bonds. Problems in the packaging and sale of mortgage bonds helped inflate the housing bubble and facilitated the sale of predatory loans nationwide. Since banks could push mortgages on borrowers and then sell them to investors, critics say that banks lacked serious incentives to ensure those loans could be repaid.

The FDIC has been pushing hard to ensure that new regulations on the mortgage bond market include clear instructions for how banks handle mortgages-- and under what circumstances they can evict delinquent borrowers. The bank divisions that collect payments from borrowers and implement the foreclosure process-- known as "mortgage servicers"-- have been plagued by rampant problems with fraudulent documentation. This fraud has resulted in everything from illegal fees charged to borrowers to improper evictions.

The Fed had opposed using the mortgage bond rules to crack down on foreclosure abuses, despite pressure from the FDIC. But FDIC General Counsel Michael Krimminger recently told the Fed his agency would not support any new mortgage bond regulations that do not include strong rules forbidding foreclosure abuses. Krimminger told HuffPost that other regulatory agencies are "moving in our direction on the issue."

Krimminger would not specify which agencies were coming around. But a separate source close to the discussions told HuffPost that the Fed has come on board, with systemic risk watchdogs at the central bank sympathetic to Krimminger's position.

Late last month, more than 50 economists, banking experts and financial reform advocates sent regulators a letter urging them to use the mortgage bond rules to create a gold standard for handling mortgages in a responsible fashion. Many of the rules proposed in the letter were very simple standards, like promptly crediting borrower accounts when they make payments on their loans. But mortgage servicers have had significant problems performing these tasks for years, and regulators have not checked them. The Office of the Comptroller of the Currency (OCC), which regulates the largest mortgage servicers, has never issued any public regulatory sanction against a servicer. Current OCC chief John Walsh also said in a recent Congressional hearing that his agency was unaware of foreclosure fraud problems until the media began reporting them.

A cadre of House Democrats lead by Rep. Brad Miller (D-N.C.) has also urged regulators to use the new mortgage bond rules to crack down on foreclosure abuses and encourage loan work-outs.

The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.

Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers
Summary Judgment. According to Rule 1.510(e), Affidavits filed in
Support of Summary Judgment require the following:

Florida Rules of Civil Procedure

1.510 Summary Judgment

e) Form of Affidavits; Further Testimony.
Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. Sworn or certified copies of
all papers or parts thereof referred to in an affidavit shall be
attached thereto or served therewith.

“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”

This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule. It has been around a long time and has served the Florida Courts well in all areas and divisions of the law. Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.

Florida Courts have
routinely singled out Homeowners in Foreclosure for special (negative)
treatment. Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.

The fact that these Affidavits in Support of Summary Judgment lack
the necessary attachments to meet the requirements of Rule 1.510(e) has
been a constant battle fought by every attorney who fights on behalf of
the homeowner; and, who seeks to have the Rules of Civil Procedure
applied in a fair and just manner.

This Order is a tacit admission that the Rules of Civil Procedure are not being followed in the same manner as these same rules have been followed in other
areas of the law or judicial divisions in the court system. This is the
travesty to which – www.4closureFraud.org – has dedicated itself to eliminated.

The Florida Rules of
Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!

When administrating the Florida Rules of Procedure, or the Florida
Rules of Evidence or applying the Florida Statutes, Judges should not
look first to whether or not the defendant is in foreclosure and adjust
the rules and laws to fit a perception of guilt or expediency. Rather
the judges and court should first look to see if the plaintiff even has
standing to appear before the Court; and, second, if the plaintiff has
proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven. Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.

Based on what www.4closureFraud.org
has seen, the fight for equal justice under the law and under the Rules
of Civil Procedure is still an ongoing battle. Homeowners are still
not being given due process under the law.

Here is a stark example of how the courts ignore the Rules of Civil
Procedure and treat Homeowners differently than all other parties in any
other area of the law:

On December 2, 2010, a Lee County Judge issued an order holding that Lee County
is not requiring the Plaintiff’s in a Foreclosure law suit file
affidavits that comply with Rule 1.510(e). This is judicial tyranny.

WOW – Is Lee County Foreclosure Court Above the Law?

surface encounters surface encounters noblesville

Thursday, January 6, 2011

foreclosure law

Florida Rules of Civil Procedure

1.510 Summary Judgment

“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”

WOW – Is Lee County Foreclosure Court Above the Law?

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