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Lee County Foreclosure Court Issues

Lee County Foreclosure Court Issues

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Published by: EquityinTruth on Aug 03, 2011
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12/07/2012

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 The Hanging Together for Justice Foundation
www.equityintruth.orgTHE HOMEOWNERS GUIDE TO FIGHTING FRAUDULENTFORECLOSURES IN LEE COUNTY AND THE ANTIDOTE TO UNLAWFULACTS BY ATTORNEYS AND JUDGES
 
The Hanging Together for Justice Foundation (The Foundation) is aConstitutional Trust, established for the purpose of sharing its collectiveknowledge among its members to equip them to fight unlawful foreclosures andstop the fraudulent theft of their real property.
 
The Foundation works with lawyers, fraud investigators and loan auditors. Itobtains its information from numerous sources throughout the US. At least oneNational Civil Rights Organization suspects that Lee County is one of the mostcorrupted Courts in the State of Florida when processing foreclosure cases.
 
Please read on to discover how the Judges, Attorneys, Bailiffs, other officers of the court, many Process Servers and certain of the Court’s key administrative staff continue to violate the laws entrusted to them. Collectively, they have turned thepeople’s Court against us, like a living cancer eating away at our civil liberties.
 
These systematic destroyers of our constitutional right to ‘Due Process’ constantlychant the fraudulent banks false allegations that homeowners are trying to get afree house and “you borrowed the money didn’t you?”
 
They also offer the government backed solutions of working with your ‘lender’ inmediation, loan modification or short sale, none of which are in the interest of thevictims of this massive Ponzi scheme, are unlikely to be of any lasting benefit tothem and are assisting the fraudulent banks to cleanse their crimes and steal ourreal estate.
 
Back at the time of the great depression these ruthless people earned the title of Bankster. To implement the current massive criminal Ponzi scheme, theyconspired with the Federal government to remove effective regulation and set upbogus entities, (like Mortgage Electronic Registration Systems [MERS].
 
They paid huge ‘bribes’ to the Wall Street Rating Agencies to issue AAA ratingsfor pretending to have examined non-existent ‘pools of mortgage loans’ as a firststep towards systematically robbing investors, pension funds and municipalitiesthroughout the world. With no regulation they defrauded the IRS and State Taxfunds and their ‘insiders’ paid out trillions of bailout money to the criminals.
 
These Banksters never lent any money, used borrowers signatures to borrow tentimes the Dollar amount on the Promissory Note from the Federal Reserve againstthe ‘borrowers’ credit, deliberately planned the rise and fall of the real estatemarket and have already been, or will be paid many times over through multiple‘sales’ of Notes and Mortgages converted to “electronic files”, multiple sales of default insurances [codenamed ‘credit default swaps’ to get around the StateInsurance Laws] and by massive government handouts to name just a few.Despite all this fraudulent criminal theft from the people, this Court is workingwith the Banksters to deny the people their right to Due Process of Law, which istheir only defense and
ALL these foreclosures are frauds upon this Court!
 
 
 
 
Understand that this Court is not the Judge’s Court
.
It is the “people’sCourt”, paid for by the people’s taxes. The Judges are public servants andtheir role is to facilitate, administer and adjudicate those foreclosure casesstrictly within the laws of this State and Nation.
Their actions are in totalcontrast to their oaths of office and allegiance to the Constitution. Do not believea word they say and do not bow down to their tyranny. Be polite but demandyour constitutional right to a fair trial impartially adjudicated strictly on the meritsof the case. You cannot be arrested and charged with contempt for insisting onyour right to Due Process. Defendants in civil litigation are not accusedcriminals.
 
Judges justify their abuse of the people who own this Court by saying that theyare acting on the instructions of the legislature to speed up the recovery of theeconomy [deliberately destroyed by the Banksters]. If that were true it is an abuseof the constitutional separation of powers, designed to protect the people againstcorruption in government.
 
The National Census Bureau has just revealed that 18% of the State’s and 30% of Lee County Homes are vacant, but still the purge continues to add to that burden.
 
This Court knows that most of the foreclosure complaints filed in Lee County failto show ‘Standing.’ Without ‘Standing’ there is no lawsuit – it is frivolous andmust be stricken. The plaintiff’s attorneys fail to comply with the Federal FairDebt Collection Practices Act, the Complaints are ‘unverified’ or are incorrectlyverified. The verification law is precise, it must be complied with and attorneyscannot sign if they are plaintiff’s counsel, but this Court turns a blind eye.
 
The Banksters often claim to have lost the Note. This is a lie. How could theylose hundreds of thousands of valuable Notes? They ask the Court to issue a newNote, but the Notes do not qualify as Negotiable Instruments under the statutethey quote if they are Variable Rate Notes, carry late penalties or are pick-a-payNotes that allow for picking the interest payment and increasing the principle bythe difference between the payment and the interest rate. More blind eyes!
 
Thousands of Foreclosures claim the Bankster Plaintiff is a Trustee of a pass-though certificate Trust. The Complaint states that Plaintiff is the ‘OWNER andHOLDER of the Note and Mortgage. Trustees cannot own anything and the Trustdoes not exist, it is a Delaware LLC. It’s all part of the easily provable fraud andit’s all in the Court documents or in public records, including the SEC.
 
Assignments of Mortgage are fraudulent, often forgeries and involve persons whoimpersonate Bank Vice Presidents. The impersonators and forgers includeemployees of the Assignee Bankster, attorneys who work for the Bankster’scounsel, their employees, what are called ‘foreclosure specialist firms’ but are inreality professional forgery companies, including Document X, LPS andSecurities Connections Inc. These are NOT Bank paperwork errors, but FRAUD.
 
Attorney Hollan Fintel, one of many such criminals, signed hundreds of thousands of such Assignments, mostly as Vice President of Wells Fargo Bank,but who was then employed by Florida Default Law Group, now employed byShapiro and Fishman, both under investigation by the Florida AG for fraud.Under Deposition in August, 2010, Ms. Fintel confessed that she was neverappointed as VP of Wells Fargo and had no idea what she was signing. Many of her forged Assignments have been accepted, without question, by this Court.
 
Cheryl Samons an executive with the law offices of David J. Stern also signedcountless false Assignments pretending to be an Officer of various Banksters,including Mortgage Electronic Registration Systems who have fraudulentlyproduced millions of such documents throughout the US. Ms. Samons also
 
 executed vast numbers of Affidavits of Amounts Due and Owing claiming to be aperson of knowledge, working for the pretend lender or ‘loan servicer.’ JeffreyStephen, limited signing officer at GMAC confessed to signing 18,000 fraudulentaffidavits and Assignments of Mortgage every month in Deposition, also withoutany idea of what he was signing. Thousands of Lee County foreclosures havebeen Ordered by our ‘friendly, public spirited Judges and powerless Magistrates,’entirely predicated on these documents which they must know to be false.
 
These are small examples of hundreds of thousands of these fraudulent andinadmissible documents accepted as genuine. The Judges have conspired to denydefendants their day in court to present their admissible evidence to prove thecase as fraud and the chance to save their home, simply by forcing them into theCourt’s unlawful and Due Process stripping, Mass Foreclosure Docket.
 
Unlawful Docket Sounding Hearings are Ordered by Judge John S. Carlin, whowas the original Rocket Docket Judge – Mister 500 in the morning and 500 in theafternoon. The cases are referred to retired judges Thompson and Starnes,appointed to assist elected Judges, and to local attorneys, called Magistrates. Thisis in violation of Civil Procedure Rule 1.490(c), which states, “No reference shallbe made to a Magistrate, without the consent of the parties.” Defendants are toldon page three of the Order setting Docket Sounding that the Magistrate will heartheir case unless they object no later than the day of the Docket Sounding.Imagine? Many of these Docket Soundings are turned into Summary JudgmentHearings by the Plaintiff at the Court’s invitation and people are losing theirproperty and their Homesteads at the hands of two local Attorneys, who havenever been elected, never been Judges, who know that they unlawfully acceptedtheir role and had no jurisdiction to adjudicate the cases in the first place. Thesefour people behave more like agents of the plaintiff than impartial adjudicators.
 
Judge Carlin justifies these Docket Soundings by stating that he has decided (onhis own initiative, but it appears that his signature is a stamp and countersigned byone of two ‘intake specialists’) that the cases are ‘at issue and ready for trial.’This is a legal definition in the Rules of Civil Procedure and none of the cases heOrders for Docket Sounding meet that definition. Further, there is no statute orprocedural rule that permits the setting of Docket Soundings. The whole processis an illegal one in which the Judges and Magistrates are complicit with theBanksters and their legal counsels to aid them in securing adverse Judgmentsagainst Homeowners in violation of defendants Due Process rights.
 
Until recently the Judges and Magistrates hearing cases refused pro se (peopleacting for themselves, without a lawyer) access to the inner sanctum of the Court,reserved for the privileged attorneys. Pro se litigants had to stand at a microphonein the public area of the court, had to balance their papers on the bar rail, couldnot hear what the Judge and the Plaintiff’s counsel were saying because theyspoke in low tones and the plaintiff’s counsel had his or her back turned towardsthe Defendant. Requests to approach the bench were denied and pro se litigantshave been escorted by Bailiffs from the Court for the ‘crime’ of objecting to thisfurther denial of their due process and equal access rights.
 
Lest any reader of this document thinks this may be yet another conspiracytheorist’s publication, nothing could be further from the truth. The informationcontained within this leaflet has been obtained over a three year in-depthinvestigation into this Ponzi scheme and a constant battle against the Banksters, inthis Court. It is available to anyone who is prepared to learn how to fight to stopthe theft of his or her home. We recommend that you start with the Internet. If you are not computer literate then enlist the help of a family member. You owe it

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