THE HANGING TOGETHER FOR JUSTICE FOUNDATION

SENATE BILL 1890

FEBRUARY 17, 2012 Dear Senator, You will have previously received various communications from this Foundation relating to House Bill 213. Those communications were sent you in the knowledge that the Senate Bill appeared to be lying on the table but we believed it was as important to you as a Senator to be appraised of the contents of those communications because of the similarity to the House Bill, at least prior to the extensive amendments that were effected in what we now know to have been three in-camera meetings of the Houses Civil Justice Sub-Committee the net result of which was to have made a totally unconstitutional and unenforceable draft law infinitely worse than originally drafted. The author of this letter traveled to Tallahassee to join a number of other protestors against this outrageous draft legislation in the hope that the said SubCommittee would table their amended Bill before their Hearing on February 16, 2012. However, it is now apparent that knowing of the strength and numbers of the protesters who would be in the Capitol on that day decided to postpone their consideration. During the course of yesterday this Foundation learned that the sister Bill Senate Bill 1890 had now been put on the Agenda for consideration by the Senate Judicial Committee on Monday, February 20, 2012 with no prior notice of its intention to actively consider that Bill having been made publicly available. Hopefully, the previous communications were read by you and if not it is respectfully suggested that you need to take the time to familiarize yourself with their contents as most of the arguments, facts and provisions of law contained therein is just as relevant to the consideration of Senate Bill 1890. The membership of the Committee meeting on Monday is smaller in number of Members but its make-up is also dominated by Attorneys, who are members of the

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Judicial Branch of Government while occupying positions as Senators in the Legislative Branch of Government in violation of Article II, Sections 3 & 5 of the Florida Constitution. There is very little point, especially at such short notice, from attempting to rewrite the information already sent to you in order to make it specific to the Senate Bill, as both draft laws prior to any amendment [and insofar as the House Bill is concerned after amendment] are clearly corporate sponsored Bills that are against the public interest. Further, we would be surprised if the Florida Bankers Association, who are obviously responsible for the introduction of these Bills in both the Senate and the House will not be as effective in persuading Senators to approve amendments which further favor their criminal corporate interests in the Senate, just as they have already done in the House. We do not use the criminal word lightly as is clearly documented in the papers already sent to you. Fraud is white-collar crime the hundreds of thousands of those frauds committed by the Banksters are class two and three felonies as is clear from the Indictment brought in conjunction with the Missouri AG last week of DocX and its President on 136 counts of class two and three felonies in connection with forged and otherwise fraudulent documents. As an experienced bank fraud investigator the author of this document I can say that, DocX is but one entity and one type of euphemistically termed robo-signor. Attorneys pretending to act for non-existent Plaintiffs, are guilty of personally executing and forging hundreds of thousands of such documents in order to fabricate Causes of Action against the hapless victims of these criminal Banksters. Both the Senate and House Bills presume that the Plaintiffs in these cases have Standing to foreclosure on what they see as Mortgages in Default, when the truth is that the same banks have been paid over and over again on every loan they pretended to make and none of the Lenders on any of the mortgages and notes lent any money but were paid a commission for fraudulently calling themselves lenders on those documents. Both Bills, also appear to believe that the Judicial Branch of government is dealing with all the foreclosure cases filed in their courts within the governing laws of this State and in particular that the due process rights of Defendants in those cases is being honored in accordance with the 5th Amendment to the Constitution of the United States of America. Nothing could be further from the truth. The Judges in these cases act as Judge, Jury and Executioner, frequently behaving as

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though they are additional counsel for what analysis has proven to be bogus Plaintiffs in 96% of the cases that appear on their Dockets. Whether or not the Plaintiff has a cause of action, they trample over the due process rights of every Defendant who comes before them and the only difference between their treatment of attorney represented defendants and pro se defendants is in the level of politeness or impoliteness of the treatment meted out by them. The author of this letter has experience as a pro se litigant in the 20th Circuit Court, but has also sat as an observer in that Court on many occasions over the last four years and is reminded of his observations of the show trials that took place in Nazi Germany during the first ten years of his life in the United Kingdom. To demonstrate that these comments are not simply hyperbole from a deadbeat borrower, I have attached a document, which was compiled over the last ten days that shows the results of an analysis of one days foreclosure filings in the 20th Circuit Court on February 1, 2010, [a date that was randomly selected] a total of 131 new filings. The findings of that analysis are shocking. All 131 cases were examined to ascertain whether or not the attachments to the Complaints demonstrated the existence of a cause of action and determined that in 96% of cases filed that day the documents either conflicted with the wording in the Complaint or documents said to be attached were not so attached. The conclusions of this analysis are not atypical of other analyses conducted and submitted to other States around the Country. In the light of this information it is easy to see the plain reason why the Florida Bankers Association is so desperate to redefine what constitutes a cause of action and Standing. The analysis of that one day in the life of the Lee County Circuit Court must be more than an indicator that this is an accurate picture of what occurs every day in this court and by inference, as all the same fraudulent filings are made in all of our Circuit Courts, that this must reflect the level of no standing to foreclose on a Statewide basis. As any legislator who is worthy of office knows and particularly those members in both houses who are attorneys and officers of the Court failure to show a cause of action, and more particularly filing documents that conflict with the Complaints, renders the Complaint a Sham Pleading. As supported by Decisional Law, where our Appeal Courts and Supreme Courts have consistently held that where documents attached to a Complaint conflict with that Complaint the documents rule, failure to establish Standing, is a threshold matter, as frequently stated by Judge Shack in Brooklyn NY. No Standing equals no subject matter Jurisdiction by our Circuit Courts, who nevertheless totally ignore that fact

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of law and continue to adjudicate those thousands of cases, even when they are defended and countless Motions to Strike those filings as Sham Pleadings are filed in their courts. Attached to this document is a copy of a decision taken by the Federal Bankruptcy Court in Arizona on July 29, 2010, which totally supports the findings of our analysis and the reasons why both of the Congressional proposed Bills are not only superfluous and unconstitutional, but they also override the fact that no purported creditor has the right to enforce judgment in any court without proving a cause of action. The severe warning as to the actions the Federal Bankruptcy Court would take if any further cases were brought before it and promised sanctions against any such future Plaintiff and its attorneys emphasize the importance of the issue of Standing to foreclose. The author of this letter is a professional person with the equivalent of degrees obtained in his various working capacities over a lifetime of almost 76 years. That expertise includes a detailed knowledge of Political Science and a complete understanding of various political structures, including the Constitutions of the United States and of the State of Florida acquired when working in government many years ago. References to the show trials during the tyrannical oppression of the German people in the 1930s and first half of the 1940s, when relating experiences in the 20th Circuit Court is not an emotionally charged or unreasonable comparison when viewed against the lawful political structure of our seats of government and the actual practices of both our Federal and State governments. The Constitution of the United States was drafted by persons of wisdom at a time when corporate giants were not in existence. The purpose of creating that Inflexible Constitution during the convention of 1787 was to ensure the life, liberty and pursuit of happiness all conditions that could only be applied to a human being regrettably the wisdom of the Founders did not envisage people whose skins were black, or were then known as Indians to be sufficiently human to be protected by that constitution, but fortunately, albeit long overdue, citizens of the United States can at least consider that the Constitution equally applies to people of all ethnic backgrounds. References in our submissions to House Speaker, Dean Cannons introductory remarks at the opening session of that Chamber this year addressed this issue of the

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inviolate nature of that Constitution and of the Constitution of the State of Florida and asked members of that House to consider why they vote as well as how they vote. It is obvious to even less well educated American, who may not be seized of the reasons why their rights have been violated they know enough about the subject to know that these Congressional Bills are a further violation of their inviolate rights as citizens of the United States and Residents of the State of Florida. It is also obvious to most of the people whose rights have been violated by all three of our branches of our State government that lobbyists Rule, not the people. Lobbyists do not just represent corporations, but the majority of them do represent Corporate interests, able to supply large sums of money to the Campaigns of persons elected to office and both the Senate and House Bills, bear the mark of the Florida Bankers Association, the State representative of the criminal Banksters. When Corporatism is favored over the rights of its people by our government and our Legislators jump to the wishes of their Corporate Masters the Democratic Republic created by the US Constitution has already ceased to exist. Unfortunately the majority opinion in this state, being Republican, has not yet recognized that important fact, because it has not yet fully impacted upon their rights, but as the march of destruction to impair our constitutional rights advances more and more of its people will suffer impairment of those constitutional rights, eventually to the point where they become totally extinct. Florida is well advanced in its relentless destruction of the constitutional rights of its residents. It is equally important for the Senate and the Congress to understand the dangers of corporatism being allowed to dominate our governmental institutions. Members are invited to examine the definition of the word Fascism. To those who are unaware it is simply government by corporations. That is what makes the writers comparison of the proceedings in the 20th Circuit Court to Hitlers show trials a comparison that needs to be seriously considered by any American who loves and takes pride in his Country. Corporatism is Fascism and there is no difference between the evils of any totalitarian government whether it be a Monarchy, Dictatorship, Communism or Fascism. There was no difference in the techniques used to suppress even to exterminate- the people in Soviet Russia than in Nazi Germany, or in Mussolinis Fascist Italy, in Beijing, or by Idi Amin the former Dictator of Uganda. The Constitution of the United States of America is

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the finest instrument of government ever put together by mankind. It must never be allowed to suffer destruction by any of the forces of evil that have destroyed so many civilizations over thousands of years. That both the Senate and House Bills were the result of pandering to the Florida Bankers Association is self evident to anyone who is informed about the history over recent years of the pattern of behavior of officers in all three branches of Floridas government. As previously notified to you in the documents relating to HB213, apart from its obvious corrupt input from the Banksters, the proposals contained in both Bills are totally unconstitutional and will be subject to immediate challenge if either of them in their present or amended forms are enacted into law, for a number of reasons, not least of which is the unconstitutionality of any law that seeks to interfere with contracts. Any such law cannot be retroactive and if reserved for future mortgage contracts will create two classes of persons, those who hold contracts under existing laws and those who hold contracts under new laws. It is obvious that this would be a major deterrent to anyone contemplating entering into a mortgage loan in the State of Florida hardly in line with the ridiculous and frequent references by our lawmakers, implementers and enforcers that we need to speed up the foreclosures to get the economy in recovery. As a qualified economist the writer finds such statements to be totally ludicrous and without any economic tendency, [often inaccurately referred to as Economic Laws]. No economic tendency [or law] can be estimated or stated as fact when the state of this Nations and the world economy was totally contrived by the Federal Reserve, the Federal Savings Banks, a host of pretend lenders, utterly fraudulent Government Sponsored Entities and the only thing that will be speeded up will be the further unjust enrichment of the white collar criminals who make up the top one percent, or less, of our citizens in fact many of whom are not even citizens of the United States. You are therefore asked to vote No to Senate Bill 1890, in whatever format it is eventually finalized in Committee to be, as there is no necessity for any law to speed up the foreclosure process on the contrary what this State is desperately in need of are new laws that support those already enacted and to strengthen those laws to bring an end to corporatism and the immunities enjoyed by our Judges and

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occupants of offices at State and County level who act ultra vires especially when thousands of people have been evicted by Sheriffs and their Deputies who have given the color of law to unlawful acts contained in, ultra vires, Orders of Circuit Court Judges. The writer of this letter sat through a Meeting of the Civil Justice SubCommittee in the House yesterday and was horrified to hear the proposed Bill presented without prior notice to give immunity to legislators and their staff, past and present. Strongly opposed by the Democrats on that Sub-Committee who put forward questions and arguments in opposition, which at one stage brought forth an enthusiastic burst of applause by all the non House Members or Staff assembled in that Committee Room. Notwithstanding, every Republican Member of that Committee voted Yes to put that further unconstitutional Bill one step closer to enactment. This is more scary stuff for the people of this State. When such a law, which knows no equal in any of the other 49 States is so enthusiastically presented and supported by a Political Party it raises severe doubts in the minds of neutral voters such as the author of this letter, as to the integrity of those people. As these are the same people who without exception voted for House Bill 213 and engaged in those in-camera hearings which made a bad Bill infinitely worse, it is time for the people to know the truth about what is happening in Tallahassee and for a massive public outcry to be sponsored against the enacting of any such laws by a Congress that has lost respect for the residents of its State and is therefore undeserving of the respect or support of its electorate. Please do something to stop this insane destruction of our constitutions and the due process rights of our residents and draft Bills that will remove immunity by Judges and by Attorneys who are members of the Florida Bar and exempt from inquiry, or prosecution by the Executive Branch of government and make it abundantly clear that when Judges act outside their powers, other than occasionally as determined by a higher court as reversible error and where such ultra vires acts can be shown to be a normal modus operandi, that they will be stripped of their Judicial Immunity and open to criminal prosecution under Federal Laws. It is also to be hoped that the Senate will not support increases in the immunity of legislators or any other branch of government acting unlawfully or in a nontransparent way must always be open to public disclosure and any attempt to prevent that openness is a further step along the way to Fascism. This presentation by The Hanging Together for Justice Foundation is representative of the views of our Membership and is believed to be representative

16211 Shenandoah Circle, Fort Myers, Florida 33908 Phone 239-466-3815 www.equityintruth.org info@equityintruth.org

of the views of most of the informed residents of this State. In fact the writer constantly hears from Americans ranging from professional and highly educated persons to blue collar workers that their faith in government has all but evaporated one of the most repeated statements is that our governments are known to be corrupted, but sadly, often followed by the hypothetical question, but what can you do? Well there is a lot they can do and in the words of the Google employee named Wael Ghonim the Egyptian who started a revolution in a matter of weeks The Power of the People is Greater than the People in Power. It appears that Mr., Ghonim knew what he was talking about. The people of America despite the huge media and government propaganda that has been relentlessly pumped into them from the day they were born, will one day tire of their corrupt governments and here in what should be the paradise sunshine State of Florida will determine that the Florida Congress has traversed one bridge too far. The passage of either House Bills 213 and/or 1149, or Senate Bill 1890 could well be the trigger that provides the wake-up call to the power of the sleeping giant of the residents of Florida and maybe the even bigger and more powerful sleeping giant the voice of the angry millions of citizens and legal residents of the United States of America. Senator, this is your opportunity to consider why you vote when this unconstitutional bank sponsored Bill comes before you either in Committee or before the entire Senate. Any favorable vote for this Bill can only indicate that you have bought into the criminal actions of the Banksters who are crippling this country and will continue so to do until they are stopped. Respectfully submitted on behalf of The Hanging Together for Justice Foundation, its Members and the residents of the State of Florida who have already been abused by the Banksters and by the Judicial and Executive Branches of Floridas government.

16211 Shenandoah Circle, Fort Myers, Florida 33908 Phone 239-466-3815 www.equityintruth.org info@equityintruth.org