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FL Order and Temporary Injunction - Bank can't kick people door

FL Order and Temporary Injunction - Bank can't kick people door

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Published by winstons2311
THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION

And for all you Constitutional scholars out there who will remind me that this protection refers to state action, I make the argument the banks have effectively become arms of the federal government….and especially when they come kicking down the door under the color of a foreclosure proceeding. It happens all the time….if police are called, the bank burglar asserts, “they’re in foreclosure”. If there’s a security gate, they tell the guard, “they’re in foreclosure!”

And for far too long, they’ve gotten away with this. But it’s time for all this to stop. It’s time for courts to reign in the banks, to uphold the law, to protect the most fundamental American property rights. Well finally one court has said something:
Matt Weidner Esq
THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION

And for all you Constitutional scholars out there who will remind me that this protection refers to state action, I make the argument the banks have effectively become arms of the federal government….and especially when they come kicking down the door under the color of a foreclosure proceeding. It happens all the time….if police are called, the bank burglar asserts, “they’re in foreclosure”. If there’s a security gate, they tell the guard, “they’re in foreclosure!”

And for far too long, they’ve gotten away with this. But it’s time for all this to stop. It’s time for courts to reign in the banks, to uphold the law, to protect the most fundamental American property rights. Well finally one court has said something:
Matt Weidner Esq

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Published by: winstons2311 on Apr 13, 2012
Copyright:Attribution Non-commercial

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02/23/2013

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________________________________
IN
THE CIRCUIT
COURT
OF THE
SIXTH JUDICIAL 
CIRCUIT IN
AND
FOR
PINELLAS COUNTY, FLORIDA CIVIL DIVISION REGIONS BANK, CASE NO. lO-000191-CI-llPLAINTIFF(S),
v. 
PAULA ROBERTS; ET. AL., DEFENDANT(S)
~I
ORDER
AND TEMPORARY INJUNCTIONTHIS CAUSE came before the Court on Defendant's Emergency Motion forTemporary Injunction and the Court being fully advised in the premises, it is thereforeORDERED AND ADJUDGED that:
1. 
Given the motions filed
by
the parties, this Court finds the following:
a. 
The pleadings filed by Defendant assert that on or about January
6,
2011
agentsacting on behalf
of
the Plaintiff broke into the property that is subject
of
thislitigation without lawful order
of
any court and without any clear legal authorityto forcibly enter the home
of
the Defendant.
b. 
The Defendants next assert that a notice was attached to the subject property on orabout February 24, 2012 which states that, "[t]he property may have its locksreplaced and/or plumbing system winterized within the next several days;'(Attached as Exhibit A)
c. 
The court believes that
no
party not specifically authorized by the owner
of
aresidential property should
be
permitted to forcibly gain access to a home withoutcourt order, exigent circumstances or clear legal authority.
d. 
The Defendants seek an injunction to prevent the unauthorized entry into theresidential property that is the subject
of
this suit and this court believes there is asubstantial likelihood that the Defendant would prevail on the merits
of
ainjunction prohibiting this act.
e. 
There exists a substantial threat
of
irreparable injury to Defendant
if
her homewere permitted to be broken into.
f.
That the threat
of
harm mentioned above outweighs any possible harm that thisinjunction may cause Plaintiff.
g. 
That granting this injunction would not disserve the public interest.

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